On December 18, 2012 M V Consulting Inc. president Michael Vass issued a Youtube video commentary, which was followed included in the article Gun restriction legislation – does it really help?
In that video and in the article a theme was stated:
“Ultimately, enacting gun restriction legislation does one thing – creation of a delusion of safety.”
No less than Vice President Biden confirmed this thought, in a manner, on February 7, 2013 when he stated:
“Nothing we are going to do is going to fundamentally alter or eliminate the possibility of another mass shooting…”
These thoughts did not stop anti-gun enthusiasts, and those that were caught up in the emotion of the Sandy Hook shootings, from moving forward with gun restriction legislation. President Obama usurped Congress and enacted Executive Orders (an action that Senator Obama decried as taking too much power for the Executive Branch). In New York State Governor Andrew Cuomo enacted sweeping gun restriction legislation. As for this blog, we were emphatically told by supporters of these actions ‘No one is taking away your Rights, but something has to be done.’
Which brings us to today, when a reader contacted us to ask about NY Penal Code 265. Why? Because our reader wanted to make sure we were aware that the shotgun shown in the video with Michael Vass is now an illegal and banned firearm.
According to the new legislation the shotgun shown in the video is now classified as an assault weapon. Possession of such a shotgun is criminal possession of a weapon in the fourth degree.
“”Shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder…
“Assault weapon” means …(b) a semiautomatic shotgun that has at least two of the following characteristics:
(ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a fixed magazine capacity in excess of five rounds”
Thus the law, prompted by the shootings at Sandy Hook – where there was no use of an assault weapon – strenuously denoted by Gov Cuomo as removing “assault weapons” that have been widely characterized and described as “military style” guns like the AR-15, in fact is actively taking away guns that no one has previously envisioned as a problem. It is actively taking away a Right that otherwise existed – simply because some elected official doesn’t like it.
Not because it was used in a mass shooting like Sandy Hook or Binghamton, NY. Not because it’s a “military style” firearm. Not because it has a high capacity magazine. But because it has a pistol grip and holds 5 rounds.
In fact, according to the new legislation, merely having several firearms is enough to potentially commit a crime. NY Penal Code 265.15 – the possession of five or more firearms by any person is presumptive evidence that such person possessed the firearms with the intent to sell same – implies criminal intent (to sell a firearm illegally) just based on ownership.
But to clarify for our readers that may be concerned, Mr. Vass is in compliance with the laws of NY State. Even as such laws become more draconian in our opinion.
That said, we advise all New York State gun owners to review NY Penal Code 265. Some may find that they are suddenly criminals, without an action or intent on their part. Just don’t claim that gun restriction legislation is an infringement on 2nd Amendment Rights, the Governor and President Obama said it isn’t true.