New York Gun Ban and the M1 Garand

Well, the NY government just stomped on the rights of millions of law abiding citizens in New York. The NRA and CMP Highpower community also took a hit today.

I'm no legal expert and this bill was clearly thrown together so it's unclear what the impacts will be on our sport.

Here is the full text of the bill, try not to go blind while reading it.

http://open.nysenate.gov/legislation/bill/S2230-2013

What I got from it:

Most importantly, is the M1 Garand now banned in NY? I don't know, it seems to be excluded from the ban but its hard to say for sure.

(A) A SEMIAUTOMATIC RIFLE THAT HAS AN ABILITY TO ACCEPT A DETACHABLE
MAGAZINE AND HAS AT LEAST ONE OF THE FOLLOWING CHARACTERISTICS:

(I) A FOLDING OR TELESCOPING STOCK;
(II) A PISTOL GRIP THAT PROTRUDES CONSPICUOUSLY BENEATH THE ACTION OF
THE WEAPON;
(III) A THUMBHOLE STOCK;
(IV) A SECOND HANDGRIP OR A PROTRUDING GRIP THAT CAN BE HELD BY THE
NON-TRIGGER HAND;
(V) A BAYONET MOUNT;
(VI) A FLASH SUPPRESSOR, MUZZLE BREAK, MUZZLE COMPENSATOR, OR THREADED
BARREL DESIGNED TO ACCOMMODATE A FLASH SUPPRESSOR, MUZZLE BREAK, OR

As you know the Garand has a "fixed" magazine. However who knows how they define a detachable magazine. Furthermore, the Garand only functions with 7 rounds loaded in the magazine. But again is that good enough? As clearly logic does not apply.

Of course magazines are regulated separately, so it is again unclear if an enbloc alone is even legal.

In theory it should be exempted by this language:

21 23. "Large capacity ammunition feeding device" means a magazine, belt,
22 drum, feed strip, or similar device, [manufactured after September thir-
23 teenth, nineteen hundred ninety-four,] that (a) has a capacity of, or
24 that can be readily restored or converted to accept, more than ten
25 rounds of ammunition, or (b) contains more than seven rounds of ammuni-
26 tion, or (c) is obtained after the effective date of the chapter of the
27 laws of two thousand thirteen which amended this subdivision and has a
28 capacity of, or that can be readily restored or converted to accept,
29 more than seven rounds of ammunition; provided, however, that such term
30 does not include an attached tubular device designed to accept, and
31 capable of operating only with, .22 caliber rimfire ammunition or a
32 feeding device that is a curio or relic. A feeding device that is a
33 curio or relic is defined as a device that (i) was manufactured at least
34 fifty years prior to the current date, (ii) is only capable of being
35 used exclusively in a firearm, rifle, or shotgun that was manufactured
36 at least fifty years prior to the current date, but not including repli-
37 cas thereof,

How one determines the age of a enbloc I couldn't tell you. Does the SAI M1 count as a replica or does it push the Garand out of the 50 year exemption.

There seems to an exemption for magazines for NRA highpower. However, seems to still be subject to the 7 round limit, which makes 0 sense.

S. 2230 24 A. 2388
LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS PARAGRAPH AND MAY SO
LAWFULLY POSSESS IT THEREAFTER UPON REGISTRATION, SHALL ONLY BE SUBJECT
TO PUNISHMENT PURSUANT TO PARAGRAPH (C) OF SUBDIVISION SIXTEEN-A OF
SECTION 400.00 OF THIS CHAPTER; provided, that such a license OR REGIS
TRATION shall not preclude a conviction for the offense defined in
subdivision three of section 265.01 of this article OR SECTION 265.01-A
OF THIS ARTICLE.
7-F. POSSESSION AND USE OF A MAGAZINE, BELT, FEED STRIP OR SIMILAR
DEVICE, THAT CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION, BUT THAT
DOES NOT HAVE A CAPACITY OF OR CAN READILY BE RESTORED OR CONVERTED TO
ACCEPT MORE THAN TEN ROUNDS OF AMMUNITION, AT AN INDOOR OR OUTDOOR
FIRING RANGE LOCATED IN OR ON PREMISES OWNED OR OCCUPIED BY A DULY
INCORPORATED ORGANIZATION ORGANIZED FOR CONSERVATION PURPOSES OR TO
FOSTER PROFICIENCY IN ARMS; AT AN INDOOR OR OUTDOOR FIRING RANGE FOR THE
PURPOSE OF FIRING A RIFLE OR SHOTGUN; AT A COLLEGIATE, OLYMPIC OR TARGET
SHOOTING COMPETITION UNDER THE AUSPICES OF OR APPROVED BY THE NATIONAL
RIFLE ASSOCIATION; OR AT AN ORGANIZED MATCH SANCTIONED BY THE INTERNA
TIONAL HANDGUN METALLIC SILHOUETTE ASSOCIATION.

I've read this 12 times I still don't get it.

Of course the AR-15 is now non-transferable so the NY highpower crowd isn't going to see much growth, which is depressing to think about.

So this is a lot of words to say I don't know. However I am certain this law is horrible infringement on New Yorker's second amendment rights.

Please take a moment to contact your State and Federal legislators and urge them to oppose any gun control laws.

http://www.nraila.org/get-involved-locally/grassroots/write-your-reps.aspx

UPDATE: here is an FAQ from NYS:

http://www.governor.ny.gov/2013/gun-reforms-faq

UPDATE 2: CMP is still shipping M1 Garands to NY however now they must go to an FFL

http://www.nraila.org/get-involved-locally/grassroots/write-your-reps.aspx

Update 3: The law has been revised so you can still (gee thanks) possess 10 round feeding devices if you only load them with 7 rounds. So how I understand this there is no problem possessing enblocs is not a problem nor is loading them at the range. But, again as I understand, that means you can't keep your clips loaded while at home.

Update 1/1/14 The 7 round limit appears to have been overturn pending a SOCTUS ruling it looks like those evil 8 round clips are safe again.

Update 1.2.14 So maybe you can have 10 rounds in parts of NY and not others, sounds like someone is trying to make the front page of one of those "strange and stupid law" books