By Eddie Devir

Under New York’s Orwellian-monikered SAFE Act, having a magazine with a capacity of more than a 10 rounds is now defined as criminal possession of a weapon in the third degree, a “Class D Violent Felony.” So soon, having a 13-round magazine stashed in the back of a drawer or a 10-rounder downloaded to only eight rounds rather than the legal limit of seven and you’re pinched. How does this grave offense against society compare with other crimes in the Empire State? Here’s a sample of similar hijinks that will also get you tagged with a class D violent felony wrap . . .

  1. Rape in the Second Degree – § 130.30
  2. Course of sexual conduct against a child in the second degree – § 130.80
  3. Reckless assault of a child – § 120.02
  4. Aggravated sexual abuse in the third degree – § 130.66

Which means that 13-round mag or a too-full ten-rounder in your possession will be a more serious offense than these simple Class D felonies (a step less serious that the Class D Violent variety):

  1. A.Promoting an obscene sexual performance by a child – § 263.10
  2. B. Promoting a sexual performance by a child – § 263.15
  3. C. Reckless endangerment in the first degree – § 120.25
  4. D. Vehicular manslaughter in the second degree – § 125.12

Or these Class E Violent Felonies (one step below Class D):

  1. Persistent sexual abuse – § 130.53
  2. Aggravated sexual abuse in the fourth degree – § 130.65-a

Or these simple Class E no-nos:

  1. Luring a child – § 120.70
  2. Use of a child to commit a controlled substance offense- § 220.28
  3. Possessing an obscene sexual performance by a child – § 263.11
  4. Possessing a sexual performance by a child – § 263.16

So there you have it. Carry one too many rounds (or only seven in a mag that’s — oops! —  too capacious) and what you’ve done is considered as bad molesting a child. And it’s worse than vehicular manslaughter — yes, where someone has died. That’s what now passes as common sense gun law in the state of New York.

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39 COMMENTS

  1. Just do not go to New York. Don’t support anything affiliated with NY. Turn off the TV when your favorite team is playing against a NY team.

  2. It’s well-known that NY children would rather spend a holiday weekend in a house full of pederasts than even SEE a gun! So, makes perfect sense.

    • That said, I know some folks who are none too sanguine about guns, and even they’re aghast over this.

    • Believe me it’s tempting but I’m gonna “Stand and Fight”. Believe it or not there’s lots of good people here – just not enough of us at present. This also should wake up some wise guys who though that there was no difference between candidates.
      This should wreck any presidential aspirations Cuomo had and nail some treasonous sell-outs in the Senate as well. It’s been the Senate that’s stopped this stuff in the past. We may not have the numbers, but we do have the attitude – this ain’t over by a long shot. Fogeddabowdit!
      Besides, don’t feel too safe in the free states, all this guano is some to run in a statehouse near you. Keep an eye on them and never give in.

      • Seems to me New York would be better off expelling NYC from the rest of the States politics. Same with Illinois and Chicago.

        • An excellent idea! NYC is already exempt from numerous state laws and regs so why should the cretinous politicos elected from the slums of Brooklyn and the Bronx as well as the terminally liberal enclaves of Manhattan, dictate to the upstanding citizens of Upstate NY? A violation of “Equal Rights” if I ever saw one – thank you!
          An even sadder case is the plight of the decent people of Southern Illinois, held hostage by the criminal gangs of Chicago – both in and out of office.

  5. I was a New Yorker for 20 years. I will never go back. I’ve had to change the product sources for my business, but the rate cumo is going, gun powder residue will get you 5 years and a felony charge. I question on what grounds any court would uphold this terrifying “law”. And cumo is as scary as DiFi.

  9. The gun owners in New York need to wedge their collective boots right up Cuomo’s butt! This nonsense that a relative handful of swingin’ dicks tell millions of people what to do has got to stop. Ayn Rand was so ahead of her time when she wrote Atlas Shrugged:

    “There’s no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.” – Atlas Shrugged, Chapter Three

  10. I brought this up back when the first proposals for the SAFE Act were made public and it still disgusts me.

  12. Wallets! Wallets! Don’t use them for anything NY. Let them rot on the vine. Same for CA (no more wine) and all of the other anti-Constitution/Bill of Rights state governments.

    I am more than willing to pay more for the same product from any of the pro-Bill of Rights states.

  13. I think they broke bad. At this point they are playing games & the only thing that will stop this is lawsuits. I believe they are losing the fight & need to resort to temper tantrum behavior. This does help our cause, Randy

  14. I was born and raised in NYC and lived there until I was 35. When I moved out, NYC was Mogadishu on the Hudson and I was thrilled to see it in my rear view mirror..

    I have great affection for the upstate areas that I roamed as a kid with a Nylon .22 and spinning gear, and as an adult with a .30-’06 and a fly rod. The upstate areas were never controlled by the type of fascists that run the downstate areas, but Governor Mussolini has taken the whole state into the crapper. I have friends in the city and they want me to visit, but I’m not going. Ever.

  15. So how hard would it be for an unscrupulous LEO to pull the seventh round out of one of your magazines and slip it into another? Bam – FELONY!

    The purpose of our legal system is to make everyone felons so the ruling class can selectively target their subjects for prosecution. It’s called tyranny.

  16. I hate to say it but would it be a good idea to stop buying from Remington and Kimber? I mean, I have nothing against either company but is this what their taxes (paid for by our purchases) will go to?

    • Kimber rolled over and took it happily. 7 round limit makes the 1911 more popular.

      The jerks.

  18. Fight? You mean hope the courts overturn legislation passed and signed by the duly elected legislature and governor? Legislation that, according to some polls, has broad support? What is the point? The people who live, and vote, in states governed by leftists have made their choice. This is what they want. Please spare me the civics lesson how rights are not subject to polls, I am well aware of that. I would say to the gun owners and those that love freedom who live in New York and places like it, get out. Tennessee would welcome you. As would many other places.

    • +1 for Tennessee. As a Connecticut native who couldnt look at a gun without a permit, I was SHOCKED (emphasized as an understatment) when I moved here and was told I can buy and transport a handgun without a permit.

      • In South Carolina you can look at, buy, & carry your handgun out of the store without any permit, AND you can place your loaded handgun in your vehicle glovebox or console as long as it’s lockable, without a CCW, and this is a CCW shall-issue state, AND a Constitutional Carry bill is headed for the State Assembly for a vote even as we speak.

        Tennessee’s my adopted state & I visit family often, but the Palmetto State is both gun friendly & gun manufacturing.

        • Not bad. Yea, we need a permit to transport in a vehicle loaded. Otherwise it has to take no less than three steps to load your gun during transport

        • Stop! You guys are killing me. It all seems like a beautiful dream in Dixie, but as for leaving, fogeddabowdit! It seems bad now but worms have a way of turning.

  19. Move out of the fascist Republik of New York as fast as you can . You and your loved ones lives are at risk . They are vulnerable ,defenseless sitting ducks for real armed criminals. Your hypocrite governor is afforded an armed security detail utilizing high capacity magazines and automatic firearms… but you the taxpayer are denied . The government is supposed to fear the citizens…not the citizens fear the government. When Injustice Becomes Law, Rebellion Becomes Duty. Molan Labe.

  20. How do I start?

    I’m a New York State resident. Grew up here. My mom still lives here. My dad is buried here. My children live here. I have a granddaughter who lives here. My church is here.

    I’ve been committed to repeal of the NYS S.A.F.E. Act from the beginning.
    I’ve joined every pro 2A FaceBook group I could find. Joined multiple meetUps.
    I’ve signed every petition, been added to every class action law suit, and traveled from Buffalo to Albany and points in between to informational, organizational, and protest meetings.

    I’ve called and written my representatives.
    I’ve visited their legislative offices.
    I’ve used up all my vacation.
    I’ve encouraged others to get involved.
    I’ve donated money, joined all the pro 2A organizations . Please spare me the Johnny come lately recriminations. I admit I was disengaged, I’m paying attention now.

    What I’ve come to understand is that, at least in New York State, its MUCH WORSE THAN YOU THINK!

    NYS government has been dominated by anti gun, mostly Democrat, forces for 25 years. Whereas a legislative district in Western NY may include two whole counties, a legislative district in New York City may include two whole city blocks.

    I have been told by a freshman legislator that all the “downstate” delegation talks about is guns. They hate them. They are committed to outlawing private ownership of guns in NYS, and they are committed to confiscating all privately owned guns in NYS.

    They have utter contempt for the Bill of Rights. They think the time to act is now.

    If you live in NYS and want to keep your guns you may to have to either move out of state or fight to keep them. I know we have the sheriffs but the governor can replace sheriffs and town clerks. We have jury nullification. Well, while the jury is nullifying the law, the state will have already destroyed your guns.
    We have the ballot box. See my above comment. New York City policies will ALWAYS dominate New York State government. We have the courts. Pay attention to who has appointed the judges.

    I’m going to keep working as hard as I can within the legislative process to turn this thing around. If they come for my guns I’ll know its time to stop working within the system and to take up arms against it.

    Live in Texas? Think this can’t happen there? If anti gun forces come to power in high population density areas of any state, other areas of the state will loose their influence just as they have in New York State.

    • You mentioned the ballot box. Remember, there are three others. But you may have to get around that last one if it comes to it. And I suspect it will.

    • http://cspoa.org/
      Constitutional Sheriffs and Peace Officers Association
      Our Mission:
      To equip sheriffs, peace officers and public officials with the necessary information and public support to carry out their duties in accordance with their Oaths of Office

  21. A lot of folks are scratching their heads over how that damn SAFE Act passed. That thing is over the top even for New York.

    Could it have been a deal Cuomo made with Obama? Ram through the SAFE Act and we’ll cut loose about 50 billion in Sandy aid and send it your way? There be some damning evidence out there…

    I’ve heard over and over about how Cuomo is positioning himself for a run at the Chief Asshat position in ’16 and that’s why he did what he did. But, as usual, follow the money.

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