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Hawley: New gun law demonstrates Albany's dysfunction

Press release:

Assemblyman Steve Hawley (R,I,C-Batavia) today cast his vote against a poor legislative process that shut the public out of a critical discourse and prevented a measured, responsible approach to protecting our children and families. Major gun control legislation was brought to the Assembly floor without any public commentary or proper time for legislative review. Hawley indicated that the hasty process betrayed the need for compassionate, reasonable and substantive debate.

“In light of recent tragedies in places like Webster and Newtown, I share our community’s desire to ensure that New York’s laws provide the public safety protections that our families need and deserve. However, the hurried passage of this critical legislation is an example of government dysfunction at its worst,” Hawley said.

“Forcing through a massive overhaul of gun control regulations without properly reviewing any of the constitutional or budgetary implications is the kind of unaccountability that has caused the public to lose its faith and trust in Congress. Instead of hastily infringing upon the Second Amendment rights of New Yorkers, we should have engaged in a measured debate that truly protects our children and families from dangerous criminals and those unfit to bear arms. The dysfunction of Albany and the total disregard for our citizens’ input into this process is totally unacceptable!”

Kelly Hansen
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Thank you, Mr. Hawley!

Christopher Putnam
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You can have my gun, when you pry it from my cold dead hands.

Ken Herrmann
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Hawley and other elected officials seem to be pandering to those gun owners who no longer believe the government is "of, by, and for the people". These NRA nuts applaud the new Ap issued by the NRA they seem to find acceptable for kids, target practice for small coffins. An Ap issued in response to the one-month anniversary of the Newtown slaughter. Sounds like many of these folks believe the conspiracy crazies who actually believe the newest lie that Newtown was a result of an evil conspiracy. These people oppose any restrictions on gun ownership. When will they accept that enough is enough? How many more will die while gun devotees spread their paranoia and their less-than-veiled hatred? Their solution to gun violence is more guns. This, I suggest, is madness. Hawley shares his view that he voted against gun restrictions because of the process. Really?

Kyle Couchman
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Sorry Ken I have to disagree. Gun control and restrictive laws arent and answer, they are a placebo to make those people who dont own guns and dont understand them feel better. Society isnt dumb when it comes to this subject but there are alot of people who are by choice ignorant of guns and gun ownership. Facts are that criminals will get guns one way or another, while people with legal status to own guns will be restricted, and inconvenienced enought to not bother with ownership. Making a very easy target for criminals with guns to victimize. Lets not forget that everyone thought prohibition of alcohol was an answer and went this far into legislation. Look what that got us, this can be as easily repealed when the same thing happens.

Brenda Gill
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All hail President Cuomo ... not. Never before have I been moved to become this political active so early before an election.
Is the same fever that lit a fire under our dear Governor also going to make sure that the woman charged with being the purchaser of guns for the Webster tragedy will be prosecuted to the full extent of our current gun laws ?

Assemblyman Hawley, thank you for protecting my 2nd Amendment rights.

Doug Yeomans
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I'm glad you responded to Ken before I did, Kyle. I Would've just ended up calling him an idiot and stopping there.

mike nixon
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They restrict the amount of rounds a gun can have or the style, they also restrict how we get them. Never mind the criminally insane already by nature dont follow our laws and will get what they want any way. The people we have legislating this state, except for a few level heads, are a BUNCH OF SELF LOATHING GRADE "A" AMERICAN IDIOT ASSHOLES!!!!!! Until we have have sweeping mental health reforms, the criminally insane will still commit the murders and violent crimes. WHAT A BUNCH OF ASSES!!!!!!!!

Doug Yeomans
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Hey Ken, how about we enact a new law that only allows you to fill your vehicle fuel tank half way? How about we make spoons and forks half the size that they are now? How about we cripple the ability of all vehicles to travel at a pace beyond 45 mph? How about we outlaw beer, pretzels, cigarettes, booze, candy, bubble gum, going out in public if you have a cold, low air pressure in tires, swimming pools, rolling pins, scissors, electricity, nuclear power, canons and cow farts?

John Roach
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Ken,
You have to be a special kind of stupid to think this will stop anything. Remember that two of the last mass shootings were with stolen guns. This does nothing to stop that.

The idea of having gun permits reissued every 5 years does nothing for safety, but gives Albany more money to waste, it's a pure money grab.

How does telling somebody they have to sell their gun out of state help you at all?

And how many people will now refuse to seek mental heath therapy if they think the therapist might report them to the police? There is no criteria in this silly law that defines who is dangerous. So you could in theory be reported for just saying you'd like to own a gun. Who knows how it will be abused?

If I want to buy or already own a military looking rifle, I have to register it. Will I now have to pay for a ID special card like a pistol permit? How did that make you safer then if I buy a regular looking rifle with the same capabilities?

I hope on a national level, this ends the governor's hopes of running for President.

mike nixon
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How about BLOATED ASSES!!!! SO MAD TODAY..... I JUST READ MORE OF THE LAW!

John Roach
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To an extent, we did bring this all on ourselves. How many times did you sit and say nothing when smokers had their rights curbed? Or when opening burning laws were forced on us. How many didn't care when you were told you have to pay $25 to have a beer in a park? Can't have the butter you want on movie popcorn, but did you speak up? Did you protest when the food police wanted to restrict your fast food burgers or the size of? I am sure you can come up with more examples.

The point is that if you let one groups rights be stepped on, why should you not expect your rights to be stepped on?

John Roach
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Mike,
Do have the link to the law?

Doug Yeomans
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John, here it is:

http://www.assembly.state.ny.us/leg/?default_fld=&bn=S02230&term=&Summar...

Christopher Wierda
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Ken, the Constitution IS the law of our land. So, when you make ignorant statements like, government is representative of the people when they violate our highest laws, it demonstrates how far we've moved away from freedom. What part of "shall not be infringed" do you not get? I'm sure if any of the other amendments were violated like the 2nd Amendment, people would have issues. Isn't it ironic how people who don't take advantage of one section of the Bill of Rights so readily surrender it against those who do enjoy it.

Ken, why did DHS (an internal agency) purchase 1.4 Billion rounds of ammunition, with over 400 Million hollow points? That is more than 1 hollow point per person in the US. Why did they purchase 30,000 armed drones for American airspace? When you want to pass people off as ideologues, stop ignoring facts.

How about we limit what people are allowed to post on The Batavian? Let's make any negative statement about the Constitution illegal. I'm not done. In order to equate this with what they have done, let's make the mere possession of anti-Constitutional literature a felony. How would you feel about your right to a lawyer being regulated? Somehow the 2nd Amendment is the only one that those hack framers screwed up the verbiage on.

Why do we need the 2nd Amendment? For governments like New York. Why do we need AR15's? For the same reasons the government needs fully automatic weapons, tanks, drones, and nuclear weapons. Why are police so militarized now, that they have better equipment than what I was issued in the infantry? If the framers NEVER envisioned a thing, it wasn't the technological advances in guns, it was the technological advances in WMD's that the state would hold against its own people, and the power junky sociopaths ready to use them.

There's nothing to thank Mr. Hawley for. He participates in a system that he knows, that many of us know is non-representative of the people. If Mr. Hawley truly took his oath to the Constitution seriously, he be having media day with his county sheriffs to issue statements that unconstitutional laws will not be enforced. For all of you that still think you are going to find a political solution to your political problems, good luck. I don't feel I need to beg for my freedom. That was one of those silly natural rights our founders established. As for me, I am finally beating feet out of New York, as are many others. New Hampshire has no sales or income tax. See you there.

Kyle Couchman
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....Applause for Mike Nixon..... I know Billie is gonna scold you Mike for the language but thanks for saying it. Its more like the version of what I wanted to post to Ken...but geeze man take a breath and count to ten. No need to give the state a reason to think your unstable. Even John and Doug make good points on this too. Chris as well but this is my home state and beeting feet seems a cop out in responsibility just let them do what they want.

Christopher Wierda
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I've tried other avenues, Kyle. I was a 5-year Executive Member of one of the county committees that endorsed Assemblyman Hawley. I've worked with others who had great intentions, and ran for office. I have worked for organizations that wanted to force (NY) Constitutional Convention amendments, etc. Trust me when I say there is no solution, or political will to do a thing other than collect a tax-payer check in the NY political scene. The 2012 GOP choice, Rmoney instituted his own assault weapons ban as governor, yet you all think party lines make a difference. Short of redistricting NYC off of the map, BLOOMBERG IS YOUR MAYOR! Every one of those 18 senators that voted against this bill represented the entirety of rural Upstate NY. The 43 that voted for this, represented the smaller cities, capital district, and all of NYC. New Hampshire is the place proper for my children. It's not about me anymore. NH rates #1 on combined, personal and economic freedoms, and rate 7th in the country for quality of living.

"Live Free or Die"

Doug Yeomans
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Someone gave me a negative vote for posting the link that John Roach asked for. Okay, that hurts my feelings........................not really!

Smile

Kyle Couchman
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LOL I'm gonna go negative vote ya just because......and I hope I can break 20 neg votes in doing that Doug Tongue

Doug Yeomans
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I find it funny that the state can pass sweeping laws over night that negatively affect law abiding people, but they can't ever pass a goddamn budget on time.

Doug Yeomans
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Don't make me get out my 7 round clip and go a little less medieval on your ass than with a 10 round clip!

Laughing out loud

Robert Tretter
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More people are killed by hammers than guns. Should you have to register your hammer or they will take it away?

mike nixon
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DOUG!?! THANKS FOR THE SMILE!

Kyle Couchman
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Doug I'm running out of posts to negatively vote on please post more.

I have a question now. I have my grandson's nerf gun and it's ammo clip holds 15 rounds. Do I take it away, or just report him to Emperor Cuomo, hmmm it has a fold stock and a pistol grip too. Uh oh he has the gun that shoots those little dime sized disks too..... wow life in prison for him.

Christopher Wierda
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If Howard lets me advertise this. Attorney Tresmond is moving forward. He needs your info ASAP.

Jim Tresmond, Attorney in Buffalo, New York. Attorney phone is 716.202.4301

This action is pro-bono for all the gun owners of New York. According to Mr. Tresmond the new ban is illegal as it is an ex-facto law taking away previously owned property and he intends to file this action in Federal Court.

We are looking for as many as possible to add to CLASS ACTION CASE:

Send Your NAME and EMAIL ADDRESS and phone number to:

psacco1@twcny.rr.com

Kyle Couchman
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Now that we mention it does a bb or pellet gun count as a firearm? If so do they fall under the ammo law? I know theres more than 7 in them. How about 22 rifles the everyone has for plinking .22 ruger rifle comes with a 10 rnd clip.

Kyle Couchman
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LOL Robert, they can have my hammer when they pry my cold dead fingers from it's handle. I love my hammer, I wrote a song about it wanna hear it, here it goes......

http://www.youtube.com/watch?v=ujzKk_4WBsE

(Not my song really, just so ya know LOL)

Jason Crater
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(Grade ANY WEAPON DEFINED IN PARAGRAPH (E) OR (F) OF THIS SUBDIVISION AND
4 ANY LARGE CAPACITY AMMUNITION FEEDING DEVICE THAT WAS LEGALLY POSSESSED
5 BY AN INDIVIDUAL PRIOR TO THE ENACTMENT OF THE CHAPTER OF THE LAWS OF
6 TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH, MAY ONLY BE SOLD TO,
7 EXCHANGED WITH OR DISPOSED OF TO A PURCHASER AUTHORIZED TO POSSESS SUCH
8 WEAPONS OR TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE PROVIDED THAT
9 ANY SUCH TRANSFER TO AN INDIVIDUAL OR ENTITY OUTSIDE OF THE STATE MUST
10 BE REPORTED TO THE ENTITY WHEREIN THE WEAPON IS REGISTERED WITHIN SEVEN-
11 TY-TWO HOURS OF SUCH TRANSFER. AN INDIVIDUAL WHO TRANSFERS ANY SUCH
12 WEAPON OR LARGE CAPACITY AMMUNITION DEVICE TO AN INDIVIDUAL INSIDE NEW
13 YORK STATE OR WITHOUT COMPLYING WITH THE PROVISIONS OF THIS PARAGRAPH
14 SHALL BE GUILTY OF A CLASS A MISDEMEANOR UNLESS SUCH LARGE CAPACITY
15 AMMUNITION FEEDING DEVICE, THE POSSESSION OF WHICH IS MADE ILLEGAL BY
16 THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARA-
17 GRAPH, IS TRANSFERRED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THE CHAP-
18 TER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS PARAGRAPH.
19 S 38. Subdivision 23 of section 265.00 of the penal law, as added by
20 chapter 189 of the laws of 2000, is amended to read as follows:
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, (III) IS POSSESSED BY AN INDIVIDUAL WHO IS NOT PROHIBITED
38 BY STATE OR FEDERAL LAW FROM POSSESSING A FIREARM AND (IV) IS REGISTERED
39 WITH THE DIVISION OF STATE POLICE PURSUANT TO SUBDIVISION SIXTEEN-A OF
40 SECTION 400.00 OF THIS CHAPTER, EXCEPT SUCH FEEDING DEVICES TRANSFERRED
41 INTO THE STATE MAY BE REGISTERED AT ANY TIME, PROVIDED THEY ARE REGIS-
42 TERED WITHIN THIRTY DAYS OF THEIR TRANSFER INTO THE STATE. NOTWITH-
43 STANDING PARAGRAPH (Grade OF SUBDIVISION TWENTY-TWO OF THIS SECTION, SUCH
44 FEEDING DEVICES MAY BE TRANSFERRED PROVIDED THAT SUCH TRANSFER SHALL BE
45 SUBJECT TO THE PROVISIONS OF SECTION 400.03 OF THIS CHAPTER INCLUDING
46 THE CHECK REQUIRED TO BE CONDUCTED PURSUANT TO SUCH SECTION.

Pulled from Doug's link. If I'm reading this right, there IS a grandfather clause.

Cheryl Wilmet
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Kyle thank you for making me laugh today. I read through the law changes and I couldn't see anything about your nerf gun but I know it's in there. Also I think it is now illegal to blow bubbles cause they might pop on the wrong person.

Doug I agree with this "I find it funny that the state can pass sweeping laws over night that negatively affect law abiding people, but they can't ever pass a goddamn budget on time."

Christopher Wierda
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"Confiscation of weapons" was rejected in the name of "compromise", and they asked that it not be disclosed. http://www.youtube.com/watch?v=ryUbJfg4tAo&feature=share

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