"So you can't have assault weapons anymore, what's the big deal?"
“SO YOU CAN’T HAVE ASSAULT WEAPONS ANYMORE, WHAT’S THE BIG DEAL?”
I feel compelled to share my views on the proposed “Assault Weapon Ban,” not from a Constitutional, historical, or public safety perspective, but rather from the perspective of how similar statutes have been enforced and prosecuted against otherwise law abiding citizens in the past. I shall not delve into political viewpoints, personal attacks against proponents of this Bill, or the corrupt and racist origin of the Sullivan Act upon which New York’s weapon possession statutes were based, but shall simply address the matter at hand: when a law bans ownership of an item, noncompliance is punished with arrest and imprisonment . . . and that point has been glaringly absent from the public statements made by proponents of the Feinstein Act.
Mayor Bloomberg of NYC has long proclaimed that the New York model of gun control should be adopted by the federal government and apply to the citizens of all 50 states. As Bloomberg is currently working very closely with Vice President Biden on pending federal gun control legislation, this should be a matter of grave concern to us all, as New York currently has the most Draconian restrictions in the nation, arguably even worse than those of Illinois which requires a multi-tiered “Firearm Owner Identification” card in order to lawfully possess a bolt action .22 rifle or even a single round of ammunition. Let us examine the New York model more closely.
With the exception of a few dozen rifles and shotguns listed in New York’s own even stricter version of the Clinton Assault Rifle Ban, rifles and shotguns can be owned, purchased, or transferred by any citizen at least 18 years of age who is not a “prohibited person.” It is also permitted for anyone 18 years of age or older to purchase rifle or shotgun ammunition at any store. Permits or registration are not required for rifles, shotguns, or their ammunition. This is the only positive aspect of the New York model . . . it all goes downhill very quickly from there.
Handguns of all types are STRICTLY regulated in New York. You practically need to qualify for a Top Secret security clearance in order for your application for a Pistol Permit to even get as far as the judge’s desk for his signature. The last time I checked, you needed to submit: a multi-page application form, fingerprints, photographs, FIVE notarized letters attesting to your “good character” by persons not related to you who reside in your county and have known you for over a year, a “statement of need” attesting to what “good cause” you have to own a handgun, and finally an extensive background check that utilizes multiple databases as well as telephone interviews of the references you provided. It is not only invasive, but time consuming (at least a month simply to submit the completed application and another six months to wait for approval) and unfair. You see, New York is not a “shall issue” state, and even if everything is in order and the background investigation comes back clean, the judge can still choose to deny your application at his whim without cause. According to the statute, permits are issued “at discretion” and may be denied “for any good cause” . . . but the judge is not required to disclose said cause, nor can he be compelled to do so via subpoena, and there is no appeals process. Most New York judges refuse to issue carry permits to citizens who cannot demonstrate “good cause” for carrying a gun. Many flat out refuse to issue permits even for simple ownership. And even if a permit is issued, that same judge can choose to revoke it at any time or deny it when it is up for renewal. There are roughly a dozen cases that I am aware of when this was done in retaliation for writing a “letter to the editor” or posting a comment on an online forum. The issuance procedure for Pistol Permits in New York is arbitrary and capricious.
Now that we have addressed how difficult it may be for a respectable law-abiding citizen to actually be issued a NYS Pistol Permit, we should address the many benefits of this magical document. At least half of all NYS Pistol Permits are restricted to “Hunting and Target Shooting Only.” This gives you the right to touch a handgun or purchase handgun ammunition. That is correct: sans Permit, it is technically a crime for you to even touch a handgun on display at a store or fire one at a shooting range. If you own a thousand acres of rural land and a Permit holder comes to your property to shoot a few tin cans, then allows you to take a few shots as well, you are both technically guilty of a crime . . . unless you have that official permission slip on your person. Not only does the Permit allow you to touch a handgun, but you can even buy one at the store . . . after you officially register your new handgun with the county and have the make, model, and serial number added to your Permit. This is very important, as registration is mandatory, and ownership of a handgun not listed on your Permit is a crime. If you ever decide to sell, trade, or gift that handgun to another NYS Pistol Permit holder, it must be done via a FFL Dealer who will do a quick NCIC background check and register the transfer, after which the buyer must add the serial number to his Permit in order to make the transaction legal. Please note that a restricted Permit does not allow you to “open carry” unless you: have a valid hunting license, it is hunting season, and you are actually out in the woods hunting. If you are on your way to or from the hunting location, that handgun must be unloaded and in a locked container in the trunk of your car . . . with any ammunition in a separate locked container. This is EXTREMELY important. If either container is unlocked, or if the unloaded handgun and an unopened box of ammunition are in the same locked container, then you have committed a crime. This rule also applies if you are on the way to or from the shooting range, gunsmith, or gun store. If, however, you are either extremely lucky or happen to be well connected, you may be deemed worthy of the rare and valuable “Carry Permit” which allows you to actually take a loaded handgun outside of your residence or place of business without undue fear of prosecution.
Let us imagine you actually have a NYS Carry Permit. It is not valid in NYC or the attached counties and you will be prosecuted for a felony if you are discovered to even have your handgun locked in the trunk of your car there. Permits from other states are not recognized by New York, with the exception of those held by active duty law enforcement. The “Safe Passage” statute will only be honored if a permit holder from another state drives through New York without stopping and has the unloaded handgun and ammunition in separate locked containers. Antique handguns, although exempted under both federal and state law, are deemed indistinguishable from a modern firearm if ammunition is also present. In order to ascertain that all citizens are in compliance, the New York State Police routinely conducts intrusive warrantless searches of automobiles stopped for minor traffic violations (speeding, failure to signal, failure to wear seatbelt, using a cellphone while driving), and also sets up various random checkpoints, ostensibly for DWI, expired registration, and equipment violations. A search of the vehicle generally entails looking in all interior compartments and any parcels therein, as well as the trunk and any containers therein. If a container is locked you will be asked to open it. If you fail to comply, you may be detained until backup arrives and the locked containers may be forced open. If nothing illegal is found after denying consent to search, you may be arrested anyway on a spurious minor charge as punishment for wasting the officers’ time. It is expected that you say “yessir” and do everything the officer tells you when you are in New York . . . especially if there are no witnesses present. Please be advised that not only are they looking for guns, but for anything else they could possibly charge you with: tools on the back floorboard or a bat in the trunk could be a misdemeanor weapon charge (dangerous instrument), cigarette rolling papers will be a drug paraphernalia charge, a hip flask in a backpack will be an “open container” charge. In NYC, the NYPD are infamous for their longstanding policy of “stop and frisk” by which they are permitted to arbitrarily detain and search random pedestrians at their whim, and it is mandatory jail time if you are discovered with a pocketknife or if you are spotted resting your feet on a seat of the bus or subway. There is an incentive system for police to get as many possible “tickets and collars” every shift in order to be considered for raises, promotions, and other perks, so citizens’ Rights are disregarded as a matter of course, and occasionally testimony is even fabricated.
Now, once you have a Carry Permit, you need to take care that if you own a pistol none of them are fitted with “high capacity ammunition feeding devices” which are a felony to possess. Currently, I believe New York allows magazines that hold as many as 20 cartridges . . . which is high for a pistol but average for a rifle . . . however the proposed federal legislation would reduce this to only 10. I am estimating that half of all pistols have magazines which hold over 10 rounds, so many compact or single stack pistols would be exempted . . . unless, as proposed, they are “capable of accepting a high capacity magazine” . . . so if your 7 round 1911 could have an aftermarket extended 15 round magazine inserted into it – even though you don’t own such a magazine – it could become reclassified as a contraband assault weapon. As New York law is written, interpreted, and prosecuted, you are guilty of a felony simply for having an unloaded 30 round Glock magazine locked in a safe in your basement . . . even if you do not own any guns or ammunition. A magazine is nothing more than a narrow hollow box with a spring inside that is compressed to accept and feed ammunition. Felony to own one in New York if it is a fraction of an inch too long. Once a 10 round maximum capacity law is passed, most 10 round magazines will be illegal as well, because the spring can usually be compressed enough to accept an additional illegal round. An overloaded magazine will cause any gun it is loaded into to jam and malfunction, but that is irrelevant . . . if an 11th round can be forced and crammed into that 10 round magazine through finger pressure alone, that is the standard which will likely be used to determine prosecution.
Another thing you need to be aware of is that it is a crime for you to allow anyone without a permit access to your handgun (simply handing it to them to briefly examine constitutes “possession” and could even be interpreted as a “transfer” under New York law), ESPECIALLY if there is any possibility they might be deemed a “prohibited person” . . . a category with over a dozen possibilities. If a family member, roommate, or house guest has a minor criminal conviction from something they did over 20 years ago, never served time for, but never had it expunged or pardoned, it is a felony for them to be in the same room as your handgun – or any other gun for that matter – or even a spent shell casing. The same applies if they were ever involuntarily held for psychiatric treatment under court order, even if it was only for a week and occurred 20 years in the past. A visitor from another country with an expired visa, a user of marijuana, or an alcoholic is also “prohibited” . . . as well as the hippy who publicly “renounced their citizenship” at a protest rally. If any “prohibited person” shares a house with you, and your handgun (and all other firearms as well as ammunition) is not in a locked safe that they have no way of opening or removing, then they are in “constructive possession” of that firearm as they could access it if they wished to do so . . . and permitting that possibility to occur is a crime.
Basically, what I am attempting to convey is that New York has the most Draconian gun control measures in the nation. Simple possession of an unlicensed handgun and a box of ammunition in your own home is aggressively prosecuted with no defense accepted as POSSESSION = GUILT and there is a strict zero tolerance policy. Furthermore, unlike burglary or child molestation, simple ownership of an unlicensed handgun (“Criminal Possession of a Weapon”) is classified as a “Violent Felony Offense,” with no plea bargaining and mandatory minimum sentencing. The only lenience extended is if the defendant has a clean criminal history with no prior convictions. In that case, the Class D Felony with a mandatory minimum of 1 year but a recommended sentence of 3 to 7, may be reduced to a Class E felony with a recommended sentence of 1 to 3 years, which can be reduced to 5 years of conditional probation at the judge’s discretion. Of course, it is still a felony conviction, which means that the right to own any firearm or even cohabitate with a gun owner is lost forever, and there will be numerous bars to employment, credit, and housing. The archaic term for a felony conviction was “Civil Death,” as all rights and privileges associated with citizenship are stripped from you and you are denounced as an outlaw to the community, meaning you no longer are entitled to the protections of the law.
The current administration seeks to impose similar restrictions on all citizens, whether they reside in a major metropolis, the suburbs, a rural town, or an isolated home on the edge of the wilderness. There are literally hundreds of different types of rifle, shotgun, and pistol which would be affected by the proposed ban. It has been proposed that only one such firearm should be permitted per household, registered to a single household member, non-transferable, and must be turned over to government authorities for destruction upon that individual’s incapacitation or death. Possession of any unregistered firearm or high-capacity magazine would be a felony which you would be automatically found guilty of. As few gun owners are realistically expected to be in full compliance with the proposed ban, that would in effect criminalize firearm ownership. Even if you do not own any of the firearms on the list, it is expected that a strict limit will be placed on the number of permissible firearms per household as well as a limit on ammunition storage. Any gun owner could be suspected of possessing contraband weapons or a prohibited “arsenal” exceeding permissible limits. Information leading to the arrest of “subversive” gun criminals would likely be encouraged via cash payments, although it is certain this law would be very selectively enforced. It is intended to be held over the citizenry like the Sword of Damocles, an everpresent threat they can use against anyone at any time. I suspect the proposed gun laws will be managed similarly to drug laws, in which asset forfeiture and informants will be the primary enforcement tools.
President Obama recently stated that “if only a single life is saved it will be worth it.” Worth dividing the country? Worth turning family members, neighbors, and coworkers against one another? Absent a clear and present danger or declared state of emergency? It sounds like the deliberate and premeditated evisceration of the 2nd Amendment is being perpetrated almost on a whim at the very beginning of his second term. Biden’s statement that an Executive Order might be used to bypass the checks and balances of Congressional oversight and approval seems to exceed the limits of power granted even to the POTUS. Obama swore an Oath of office to safeguard the Constitution and serve the People of this nation . . . now it seems he seeks to disregard his duty and impose laws empowering him to arbitrarily prosecute vast numbers of citizens who have committed no crime at the stroke of an autopen, electing to proclaim this decree without the consent of the governed. I do not see that ending well. In fact, it reminds me of the narcissistic and lawless decrees prior to the fall of Rome, seemingly inspired by “Divine Right.”
When attempts were made to impeach Clinton and Bush, they seemed halfhearted attempts that amounted to little more than political grandstanding. Obama’s impeachment will be handled much differently. If he dares to sign a law declaring that any citizen who fails to comply may be prosecuted as a felon, at the very least that is a clear violation of his Oath of office. He can spout that the Constitution is “antiquated” and “no longer applies” to a modern America if he wishes, because all citizens have a right to freely express their opinion . . . but acting as POTUS he has a sworn obligation to abide by the law and take care not to overstep it himself lest he be removed from that office. Forcing your opinion on others is the polar opposite of Freedom and the principals this nation was founded upon. Daring to revoke the 2nd Amendment of the Constitution and threatening to imprison any citizen who continues to exercise and enjoy that Right is overstepping his authority. If that occurs, I expect Congress will act to remove him from office before the ink on that document is dry, and I further expect similar action to be taken against VP Joe Biden and AG Eric Holder who support him in this decision. The fundamental concept of Freedom – its very core – is that everyone has the inalienable Right to be left alone. The Constitution guarantees these Rights and serves to remind government that certain Rights are sacrosanct, never to be transgressed with an expectation of impunity.
Use of Executive Orders should be reserved only for important and necessary issues which Congress would likely be in agreement with. They are a tool of expedience when time is short and bureaucracy is slow. They are usually respected and allowed to stand . . . but if two thirds of the House AND two thirds of the Senate votes to overturn it, it will be void . . . and I believe that will occur, even if the Democrats are in the majority, because this proposed law goes too far and takes too much, and the People will not stand for it. Another possibility is that the Supreme Court may decide that the Order is contrary to the Constitution as they interpret it, although that ruling could be delayed for years. Either way, we are a nation divided and the Republic is in peril . . . over what seems to be little more than an attempted distraction from the looming economic crisis. Obama could’ve instead chosen to use his power of Executive Order to decriminalize marijuana, legalize gay marriage, AND subsidize abortion clinics with far less blowback than attempting to turn public opinion against gun owners and persecute them as social deviants and a danger to public safety. It seems vengeful and mean spirited, as if his true intent is to purge the country of everyone who voted against him, or at least to quell dissent by making them too fearful to speak their minds.
If enacted, this law will have dire and unanticipated consequences. Mind the small print and the things left unsaid. The precedent is that weapon violations are invariably prosecuted as felonies and statutes will be reinterpreted creatively and utilized punitively at the local level. Juries will be excluded from the equation because admitting ownership of contraband is an admission of guilt and sentencing guidelines are rigid, thereby bypassing Due Process entirely. If the ban passes, and you fail to comply, and you are arrested and prosecuted, expect no mercy from the judge because his hands will be tied and he is acting merely as a figurehead at a show trial with a predetermined verdict If punishment was limited merely to forfeiture and fine this ban would be more palatable, but as it stands it seems tantamount to a declaration of war . . . and that is a rather Moderate viewpoint. The nation’s gun owners might tolerate restrictions on manufacture, importation, or even the sale of so-called “Assault Weapons” and their accessories, ammunition, and components . . . but what they WILL NEVER tolerate is being wrongfully labeled as “criminals” and menaced with the threat of prison and poverty. When you throw a man in prison he loses not only his freedom, but his reputation, employment, and frequently his assets, property, and family as well. You may as well threaten them with execution, as to most that would be preferable.
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