I saw the videotape below at
Ace of Spades HQ, as well as at
Hot Air, regarding a Detroit mother at home with her children when three men, at least one of whom was armed with a handgun, attempted to kick open the
front back door.
Fearing for her safety and that of her children, this mother used a rifle in self-defense. She didn't hit any of the intruders, but it was enough to scare them off initially, and again when one of them tried again to break in:
Viewing the video, I wondered whether the rifle this mother used would be legal in New York State under the new SAFE Act, which was rushed through the NY State legislature on short notice after the Newtown, CT, school shooting.
The SAFE Act was irrational in many respects, including a 7-round magazine limit that was unworkable and ultimately
thrown out by the courts, a requirement that even 10-round magazines not be loaded with more than 7 bullets, and a definition of "Assault Weapon" that relied on physical characteristics that were cosmetic and common.
The SAFE Act has led to a rebellion by
upstate county legislatures, almost all of whom have voted to reject the SAFE Act. Even
Martha Robertson, the liberal Emily's List-backed Democratic challenger in my home NY-23 congressional District, says she is against the SAFE Act. The criminalization of otherwise law-abiding people has led
numerous Sheriffs and
police unions to call for repeal, and to ignore violations for now.
But the SAFE Act remains the law of NY. Would this Detroit mom who save herself and her family from the violence of the armed intruders herself be a criminal in NY because of her rifle?
I didn't feel knowledgeable enough about weapons, so I turned to someone who does have that knowledge, Bob Owens, Editor of
BearingArms.com. Bob explains in the text below, which he forwarded to me, that the rifle would be an illegal "Assault Weapon" under the SAFE Act, not available for new purchase and required to be registered by April 1 for those who owned it prior to the SAFE Act. In NY State, this mom would be a criminal because of cosmetic features of her rifle.
Here is Bob's analysis: