Friday, March 18, 2011

The New York City PD has some really slimy bastards working in it

The New York City Police Department’s License Division is sending letters to handgun license renewal applicants telling them that they may be in violation of New York State’s ban on “large capacity ammunition feeding devices” without telling them that pre-ban magazines are legal to possess.
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The letter misstates the law because it omits the crucial language in Penal Law § 265.00(23) that defines a “large capacity ammunition feeding device” as “a magazine, belt, drum, feed strip, or similar device manufactured after September thirteenth, nineteen hundred ninety-four” that holds more than ten rounds. In other words, a pre-ban magazine is legal in New York State regardless of its ammunition capacity as it is not considered a “large capacity ammunition feeding device” under the law.

Read most charitably, NYPD’s letter potentially contains only a vague allusion to the distinction between the possession of a pre-ban and a post-ban magazine in option number three, which allows the applicant to “supply a detailed letter setting forth reasons that exempt you from this provision of the Penal Law.” Even that option does not fully make sense since possession of a pre-ban magazine is not an “exemption” from the ban, such as police officers have. A pre-ban magazine is simply beyond the scope of the ban.

One is left to wonder just how much detail is necessary in the response letter. If NYPD is dealing fairly with its licensees, all that should be necessary is a simple statement that the applicant is not in possession of any “large capacity ammunition feeding device,” or — to be more “detailed”any magazine of over ten-round capacity that was manufactured after September 13, 1994.

Word from one gun shop on Long Island is that New York City licensees are rushing to dispose of their pre-ban magazines, either unaware that their possession is lawful, or simply fearful of dealing with NYPD in light of its warnings of felony charges and non-renewal of licenses.

So either NYPD doesn't know the law or- more likely- wants to scare people into surrendering any 'high-capacity' magazines with no legal authority to do so. And because NYEffin'C is such a hellhole for gun owners and NYPD has such a history of screwing license holders over, they figure they can do this and get away with it. Especially with Nanny Bloomberg as mayor.

Also from New effing York we have McCarthy's latest attempt to gut the 2nd Amendment:
  • It threatens funding that help states put cops on the street. This is like a doctor prescribing amputation for a patient cut his leg and is bleeding.
  • It expands the class of prohibited persons to include people who have not been formally adjudicated as mentally ill.
  • It expands the class of prohibited person to include people who have drug arrests, but not convictions, within the past five years. It also expands it to anyone who failed a drug test.
  • It ends private transfers entirely.

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