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NY Gun law amended in middle of night to exempt retired cops from magazine limit

NY Gun law amended in middle of night to exempt retired cops from magazine limit

Literally, the middle of the night, just before dawn.

We have written many times about the rush to pass the new New York gun law, resulting in many unintended consequences, including a magazine capacity limit that was unworkable and the potential criminalization of police officers:

The 7-bullet limitation was amended by attaching it to a budget measure to avoid Republicans being able to defeat the “fix” and thereby expose the foolish nature of the law as originally rushed through.

Another problem was that retired police officers, who often retained their service weapons and whose identities were revealed by a newspaper in some counties north of NYC, were in violation of the limit on magazine capacity.

That was fixed, in the middle of the night, via Wall Street Journal on June 21, 2013, N.Y. Lawmakers Adjust Gun Law in Predawn Vote:

About three hours before dawn on Friday, New York’s Senate voted to amend the state’s new gun law and allow retired police officers to possess large-capacity ammunition magazines.

The bill  ”sprang onto the chamber floor shortly before 2 a.m., and drew howls” from some Republican members who think the state’s new gun law should be repealed, not amended, reports the Albany Times Union. “This is ridiculous,” said one senator before the 2 .am. vote.

The Times Union reported:

Without warning, the state Senate approved a bill early Friday morning that would exempt retired law enforcement officers from new ammunition restrictions in New York’s new gun control law, the SAFE Act.

The measure sprang onto the chamber floor shortly before 2 a.m., and drew howls from some of the GOP’s Republican members. Roughly half of them — including Sens. Kathy Marchione, R-Halfmoon and Hugh Farley, R-Niskayuna — voted against the legislation, generally citing disgust with the process and a desire that the SAFE Act be repealed in its entirety.

“There’s a difference between working through the night and this crap. This is ridiculous,” Sen. Greg Ball, R-Putnam County, said on the chamber floor. “You’re going to have this conference be ripped apart.”

The exemption passed 49-14.

Governor Cuomo immediately indicated he would sign the amendment.

I think this twitter user had it right:

 Twitter - @AnthonyBialy - NY Gun Law


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Who says Andrew Cuomo isn’t trying as hard as he can to be a presidential nominee? Voting on bills at 2:00 AM- how progressive is that?

What’s the definition of a retired cop? A citizen. Just like the rest of the citizens who are prohibited from carrying more than 7 rounds per magazine. And some of those ordinary citizens have received more firearms training than the retired cops.

    Yukio Ngaby in reply to Sanddog. | July 9, 2013 at 12:07 am

    Yeah. It seems a lot of states are passing two sets of laws. One is for those people with political juice– or at least their unions have juice– and one for the rest of the us proles.

    Everyone is equal under the law– but some are more equal than others.

      MarkS in reply to Yukio Ngaby. | July 9, 2013 at 6:26 am

      Violation of equal protection?

        Yukio Ngaby in reply to MarkS. | July 9, 2013 at 4:29 pm

        Maybe. But like so many things in this country, that seems to be a question for the courts and opinion polls to hash out and not for the voters nor, it seems, the legislature.

Citizens, including retired police officers, need a SAFE Act to protect them from the perils of morons legislating in haste.

BierceAmbrose | July 8, 2013 at 11:45 pm

When did all citizens (travelers, drivers, gun owners, phone users, emailers, Boston residents, etc.) become part of the problem, vs. partners in the solution? When did agents of our will, retained to assist us in securing our own safety on our terms, become our authorities, coercing us toward their notion of safety?

I realize Proconsul Cuomo the Younger is merely enacting in the New York Territory the will of the Imperial City. If one must pass a bill in the capitol in the dead of night to see what’s in it, vote up or down on Monday on 1,000+ page bills amended by 200 pages the Friday before, it is only the Imperial way the Proconsul embraces.

Yet, when every single county outside downstate votes against the bill, of course it is better to cling to the policy. Realpolitic says the rural barbarians have merely demonstrated their disloyalty. They have no legions, so…

When did our elected agents appointed to work our will become our overlords, with agents of their own, used to impose their will on us?

In what sense is a “law”, enacted by agreement of its executors, even then hidden in its progress from the ruled, the will of anyone but its enactors?

Doug Wright | July 8, 2013 at 11:50 pm

This is very disappointing. After all, NY has replaced our federal government as the most transparent government ever, really!

Cheers, all!

How quickly until this gets thrown out on equal protection grounds?

Also, even though it would be just as unconstitutional, it shows how much they think of the military (current and former) to not include them.

Limiting magazine capacity is an infringement of the 2nd Amendment. If the the NY Legislature can limit it to 7 rounds, then they can also limit mags to 1 or 0 rounds.

These weasels have no idea how many rounds I will need to defend myself from a home invasion, no idea how many perps, no idea how many shots each will need to stay down. If I have to change magazines in a close quarter fight (ie anywhere in my townhouse) I am likely to lose my life.

How is this bill allowed to exist without some kind of “stay” order from the courts until it is ruled on?

Legislating in the cover of darkness…

This could only happen in a nation with utterly corrupt news media.

Carol Herman | July 9, 2013 at 1:16 am

The only way a democrat wins the white house in 2016, if the stupid party goes ahead and picks an “unlikeable.” Competent people fall into this category, just like Barry Goldwater did, back in 1964.

Meanwhile, we’re not in financial recovery. And, I have taken Meridith Whitney’s (Fate of the States) to heart. We’re shifting large populations around. People who are moving away from the coastal enclaves, into “middle-America. (Yes, Texas is loaded for bear. Because it’s a State that generates money. Is very productive, in that jobs are readily available. But it is NOT the only state that’s attracting new people.)

Since the Zimmerman case demonstrates its political nature, I for one think Rick Scott picked the wrong horse to bet on, when he pushed for the Zimmerman shoe trial. (Angela Corey is his baby!) Now, include he put $25-million smakeroos of his own wealth on the table to win the governor’s mansion … And, maybe, you begin to see pedalling backwards … to get as far away as possible from the trial’s implosion.

Zimmerman’s case an attempt at curtailing gun rights? You tell me. You don’t see the threat that if a civilian uses a gun to defend, him or herself, that “self-defense” where you draw a weapon mans you’ve got “ill will,” and, “malice?”

If Florida were the Titanic, you’d start to see the ship list.

Yes, I’ve also said that BECAUSE Zimmerman is competent at speaking Spanish, he is going to be able to address co-Hispanics who talk to each other in Spanish.

What wsa Rick Scott thinking when he pushed for the Zimmerman show trial? Imagine his surprise, now, that most of the gun owners in this country will never cast a vote in his favor. Add to this that Spanish does count when reaching Hispanic voters.

As to governor Cuomo, who comes from an ambitious family, where it seems families are working hard to access the White House … Exactly how do you become a national figure if you’re from a liberal state. (Even Chris Christie has this problem.)

And, lots of citizens are now getting nervous over how the Federal government is trying to breech Amendments and Freedoms?

When is the best time to stick a lid on some candidate? It’s like early abortion. You want it done before you can hear a definitive heartbeat.

The only advantages democrats have left is that the GOP tends to be the stupid party. They run for the same pork the Pelosi’s and Feinstein’s keep stuffing into their own pockets.

Even Edward Kennedy rolled out of his chair in the senate; and the republicans couldn’t figure out that Scott Brown would have been a bonus. What’cha got instead? A fake indian. UNbelievable. Truth is stranger than fiction.

And, Eric Cantor ain’t gonna be doing ya any favors, ahead, either.

I’m glad I live in Texas where 2A is still alive and well.

[…] Transparency: NY Gun law amended in middle of night to exempt retired cops from magazine limit. […]

Bruce Hayden | July 9, 2013 at 9:28 am

I don’t see Cuomo becoming President any time soon, and this is one of the reasons. He is on the wrong side of history here, as he is with dealing with the state’s budgetary problems. He can maybe continue to win in NY because of the large dependency class there, but outside the state? Obama could be elected and reelected as a gun grabber because of the color of his skin. Cuomo doesn’t have that.

The special status for former police is an obvious perk of the job. Crony capitalism and rent seeking wth an interesting twist Sure, it is partly becausee of the police union, and their support for Dem politicians But, I think that it may go beyond that. If you want private security in esp. NYC, you need former police so that they can be (properly) armed. Nice beneffit. But what do they have that the fire department, etc. don’t have? My guess is the implied threat that when those politicians need personal protection, that the police might be just a little slower stepping in front of a bullet for them if they don’t vote the right way. Something like that.

Oh what it must be like to be a member of a privileged class.

[…] The New York legislature, in the stealth of night, fixes the SAFE act through a budgetary measure to…. I say the title sarcastically. Remember folks, when retired cops have them, they are wholesome and good patrol rifles, highly useful for self-defense and sport. When we have them they are bullet spraying assault rifles whose only purpose is to kill large numbers of people as quickly as possible. […]