Common sense gun legislation. Having eight rounds in a 10 round magazine, or having magazines with more than a 10 round capacity in New York will be defined as criminal possession of a weapon in the third degree; a “Class D Violent Felony.” Wondering what some class E felonies in New York are?
Listed below the fold are a few crimes in New York that are class E felonies and A misdemeanors which are one or two arrest levels below a class D felony.
- 120.70 – Luring a child | E Felony
- 121.11 – Criminal obstruction of breathing or blood circulation | A Misdemeanor
- 125.10 – Criminally negligent homicide | E Felony
- 130.20 – Sexual misconduct | A Misdemeanor
- 130.25 – Rape 3rd degree | E Felony
- 130.40 – Criminal sexual act 3rd degree | E Felony
- 130.52 – Forcible touching | A Misdemeanor
- 130.53 – Persistent sexual abuse | E Felony
- 130.65A – Aggravated sexual abuse 4th degree | E Felony
- 130.85 – Female genital mutilation | E Felony
- 135.05 – Unlawful imprisonment 2nd degree | A Misdemeanor
- 135.10 – Unlawful imprisonment 1st degree | E Felony
- 135.45 – Custodial interference 2nd degree | A Misdemeanor
- 135.50 – Custodial interference 1st degree | E Felony
- 135.55 – Substitution of children | E Felony
- 135.60 – Coercion 2nd degree | A Misdemeanor
- 150.01 – 5th degree Arson | A Misdemeanor
- 150.05 – 4th degree Arson | E Felony
- 178.10 – 4th degree Criminal diversion of prescription medications and prescriptions | A Misdemeanor
- 178.15 – 3rd degree Criminal diversion of prescription medications and prescriptions | E Felony
- 220.28 – Use of a child to commit a controlled substance offense | E Felony
- 240.05 – Riot 2nd degree | A Misdemeanor
- 240.06 – Riot 1st degree | E Felony
- 240.08 – Inciting to riot | A Misdemeanor 240.10 – Unlawful assembly | B Misdemeanor
- 240.15 – Criminal anarchy | E Felony
- 240.20 – Disorderly conduct | Violation
- 240.61 – Placing a false bomb or hazardous substance 2nd degree | E Felony
- 250.45 – Unlawful surveillance 2nd degree | E felony (Hidden cams for sexual gratification)
- 255.25 – Incest 3rd degree | E Felony
- 263.11 – Possessing an obscene sexual performance by a child | E Felony
- 263.16 – Possessing a sexual performance by a child | E Felony
ALL OF THESE ELECTED OFFICALS NEED TO BE REMOVED FROM OFFICE AND TRIED FOR TREASON AGAINST THE UNITES STATES CONSTITUTION AND THE AMERICAN PEOPLE.
Thank God somebody said it! Our leaders in Washington and throughout our states are pure garbage. Is it truly that hard to get an honest politician nowadays who does what is in the best interest of the American people and abides by the Constitution?
Honest politician?
Those don’t exist…
They became extinct when the new breed of career politician rose to power.
I agree 100%
Agreed, “A Free American”…
Yes they all should be arrested and jailed for treason and the keys thrown away and how long are we going to stand by and do nothing contact all representatives and complain
Citizens of New York…Is this what you want?
Yes I am a citizen of NY. and nobody wanted this. Obama is getting whatever he can’t get through executive order by the states doing it individually. My fellow patriots throughout the rest of the country need to start paying more attention to what there home state is up to. I will not comply. “Molan Labe”!!!
I stand with You, NY patriot…
Apparently it’s exactly what they want. They’ve been voting these assbags into office time and time again. I for one will not comply
The 2nd American Revolution. It’s not a question of IF, it’s only a question of WHEN. It is unfortunate that it will come to this, but if We the People want peace, then We the People must prepare for war. I hope you’re ready. I am. Godspeed to all Americans.
Hopefully SOON. I don’t want to see bloodshed, but I do want to see this country transformed back to a place we can be proud of. Obammy and crew’s vision of this country is a disgrase and needs to be stopped.
Agree with all above, especially JasonB110. The 2nd American Revolution is going to happen, and, I believe it’s going to happen soon. I have always been a peace loving person. But, this gun ban is becoming ridiculous.
I will be screwed with only a 10/22 with no ammunition. (I was late to the game.) Doing it through the system might be futile, I’m afraid.
I’m amazed that their brains actually function enough for them to breathe on their own.
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Why is everyone so upset about this? The people of NY voted these morons into office. What do they expect?
The people of NY did NOT vot these people in, the people of NYC voted them in, most state politicians come from the city. NYC is a completley differant culture than we are upstate.
Actually, Duffy is from Rochester. But yes, Upstate NY would be better off apart from NYC!!!
Actually NYC voted for these morons. NY state is the fourth highest gun ownership in the country. I really hate being lumped in with the city there is a ton more land north and west of that crap hole.
Here’s the thing- lots of us DIDN’T vote for these traitors. And even if I had, I would never continue to support willingly trashing the laws our
country was founded upon. fundamental
Whoops technical error. But you get the jist. We will stand and fight for our home state and nation.period. not just because I feel its right, but is is our duty. All of us.
@PatriotWoman>>I am 100% in agreement with you. It is our duty to to defend our U.S.of America!! To defend what our Fore-Fathers Constituted for us as a great nation, with God’s grace I might add! Millions of our sons & daughters, mom’s & Dad’s. brother’s ‘ sister’s have have shed their blood for our Freedom here in America!! We cannot let them down, or our For-Fathers!! We are brave & with the help of the Almighty God, we will remain Free & take back what rights have been stolen. God bless America!
the citizens need to rise up and destroy their elected officials before they ban everything
I was thinking about joining the New York Guard, not the National Guard, the New York. However, after I got the paperwork all done, they passed their gun laws. I will not serve under a governor who does not live up to his oath to protect and defend of the Constitution of the United States.
a few seconds ago · Like
@Shawn Armstrong>>As one Patriot to another. Let me say, that I am proud of your choice not to become a guard in NY. Plus, I might add, a very WISE choice! For one thing, the way the world is it’s hard telling what may have been required of you. Like shooting Americans, etc the world is evil! But God is good. God bless you!
Sarah, thank you for your comment and your decision not to join the NY National Guard. My son did that back in 2002, and spent a year in Afghanistan. BUT, back then, his battalion had the necessary ammunition to protect themselves. With this administration, Cuomo, and Bloomberg, there’s no telling if there will be enough ammo, even for our troops.
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And yet these laws wouldn’t have done a thing to stop the tragedy at Sandy Hook Elementary School Shooting. Nor will they stop criminals, murders or other sociopaths in the future.
You’re absolutely right, Greg. I bet if we “tell” our politicians that they “have to give up their armed guards”, they would melt in fear (which is what they’re going to do if they continue to try to restrict our 2nd Amendment rights).
I am a NYer. I live in Upstate, a whole different place than Albany and NYC where the libs, morons & muslims reside…well mostly. So far there have been 25 counties in the upstate area that have passed laws/amendment to have the safe act repealed. We have 2 senators close to me that voted in favor after speaking at our SCOPE group and promising their backing of the 2nd amendment..they lied. These 2 would be Kennedy and Grisante. Grisante was no surprise to me but our County GOP (Gone On Payroll) republican chairman (Nick Langworthy) supported and endorsed him. He didn’t learn when it was Grisanti’s vote that passed gay marraige in our state. Kennedy is a Democrat and a liar. Most likely he will not make it for another round as also Grisanti. We need to get rid of Schumer & Gillibrand! I have given up basically. When my mom goes to join my dad (she’s 91), I’m outta here! It makes me sad, as NY is a beautiful state, but these Dem’s & Liberals have ruined it. As for Cuomo…I have prayed Psalm 109:6-8..may he roast.
Try Utah Mary. We moved here from the east and they are good folks,we love it here. You are right,upstate NY is beautiful,but the population is where the loonies are and the loonies rule NY and many other states.
Come on down South, y’all. We seceded once, we can do it again. THIS time though, we’ ll be far better armed and ALL of us can shoot!
This penalty is just plain stupid. Boycott New York state send then nothing and buy nothing from them. The most dangerous thing in New York with a gun are they’re police if you recall the mass shooting they caused trying to stop one man they wounded way to many bystanders.
I think our elected officials have all committed TREASON and need to be impeached
You got that right. There day will come if we do the right thing.
Their day…
Hey, forget the impeachment when found guilty hang them for the traitors they are and make it public hangings let the rest of the country know we mean business
Not just impeached(because it seldom does anything). Removed from office and imprisoned for life. What happens to them in there happens. Oh well, no big loss.
Seems the states that are on both coasts and far north and far south are a bit wacko,include Colorado of course. Middle America is still hanging on to a bit of common sense. Unfortunately,the loonie are the largest population and their politicians are for sure smoking something.
Far south? You must be talking about Florida, cause the rest of us are armed and ready.
I can’t look at a picture of Cuomo without wanting to punch my monitor! How can these scumbag politicians defy the Constitution with impunity. This country is on decline. I can’t wait to retire and get the fuck out of NY… only 12 more years… *sigh*
I agree with Everyone on here. Truly ask yourselves though. Who is willing to be a martyr for this cause. Who is willing to go to jail and leave their families to fend for themselves. would it be worth it. would others follow suit. is this all just a facade of power that they hold over us , but really the whole system may be on the tipping point, just ready to fall with a little push. Is something really catching fire????? or are people just ALL talk? Ask yourselves that. What would you really do if the feds were at your door ready to take your firearms, and you to prison.
I hope that never happens, but giving up is not an option. If I must go to jail or worse, my children will know it is because I will not submit to slavery, nor willing to sell my children into it for the sake of “security “. It really is for them. I hope they understand and join the fight in that event. Is that scary to me? You bet.
i’d cut their age in half with a steak knife, just so they couldn’t blame it on guns!
People ARE all talk, and have been for a long time – else this would not have come to pass.
The party of women’s rights? If you have more than 7 rounds to protect yourself from the rape, than you are MORE of a criminal than the rapists trying to assault you. This is what this country has become? This is what the vision the left has for us?
He lies and doesn’t uphold his oaths ! Enough for Impeachment ?http://impeachandrewcuomo.com/
Yea our gov is do corrupt , they need to be tried for treason and hung in the city squar , tired of all there look out for there selves bullshit
This is a story we should all read and heed. This could be you and your son. Pass it to everyone you know.
http://www.wgrz.com/news/article/202218/37/Army-Vet-Charged-For-Possession-of-Illegal-Clip
I agree they all need to be tried and put in prision!
i agree they should be tried and sentenced for treason.
No matter what has happend, no matter how many have died, every ounce of life wether lost here at home, or far away for our freedom is always a tragedy, no matter how much blood has been shed we will not to let them die in vain we shall not give up one ounce of freedom because we are proud americans !!! Keep the Constitution Alive for every beating heart who loves our country be warned for there are those who are using mass hysteria to threaten and frighten you will be tarred and feathered… Amen, Let Freedom Ring or everything those people lived and died for will be lost…(Cuomo you are to be removed from power)
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Divide the state and keep the ignorant New York City trash where it belongs. We don’t want your politics in the upstate territory. Lock up all the law abiding citizens and see who pays your taxes.
I’m so glad I got out of that got forsaken state! Everything our founding fathers, military and American people worked on is going to waste. These people almost died for no reason. Shame on our government for letting there be a shadow government.
The time for candy assing around and diplomacy is over. The citizens of the state of NY need to arm themselves and march on the Capitol. Force the government to take notice. Force them to either back down, or commit mass murder.
It’s time for a revolution…..the people MUST be heard…the politions held for treason…….arm yourselfs america….we must fight for our country…….defeat is not an option…….
It’s time for us to depose the form of government we have and adopt one that better suits the needs of its people.
From the Decleration of Independence,
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustome
Cuomo you lowlife maggot, I’m NOT going to conform to any of your un-constitutional laws no matter what penalties you throw at me! I’ll see you in the Supreme Court!
I believe the article is incorrect. Nothing in the text of the act indicates that ownership of a magazine holding more than 7 rounds is a felony, much less a class D. It DOES however suggest that the penalty is a misdemeanor. Not that I agree with it mind you, but right it right, and this ain’t.
http://open.nysenate.gov/legislation/bill/s2230-2013
S 28. The opening paragraph of paragraph (c) of subdivision 2 of section 70.02 of the penal law, as amended by chapter 764 of the laws of 2005, is amended to read as follows:
Except as provided in subdivision six of section 60.05, the sentence imposed upon a person who stands convicted of the class D violent felony offenses of criminal possession of a weapon in the third degree as defined in subdivision [four,] five, seven [or], eight OR NINE of section 265.02, criminal sale of a firearm in the third degree as defined in section 265.11 or the class E violent felonies of attempted criminal possession of a weapon in the third degree as defined in subdivision [four,] five, seven [or], eight OR NINE of section 265.02 must be a sentence to a determinate period of imprisonment, or, in the alternative, a definite sentence of imprisonment for a period of no less than one year – See more at: http://open.nysenate.gov/legislation/bill/s2230-2013#sthash.Qr63H3c2.dpuf
S 41-b. Subdivision 8 of section 265.02 of the penal law, as amended by chapter 764 of the laws of 2005, is amended and two new subdivisions 9 and 10 are added to read as follows:
(8) Such person possesses a large capacity ammunition feeding device. FOR PURPOSES OF THIS SUBDIVISION, A LARGE CAPACITY AMMUNITION FEEDING DEVICE SHALL NOT INCLUDE AN AMMUNITION FEEDING DEVICE LAWFULLY POSSESSED BY SUCH PERSON BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH AMENDED THIS SUBDIVISION, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT MORE THAN SEVEN BUT LESS THAN ELEVEN ROUNDS OF AMMUNITION, OR THAT WAS MANUFACTURED BEFORE SEPTEMBER THIRTEENTH, NINETEEN HUNDRED NINETY-FOUR, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT, MORE THAN TEN ROUNDS OF AMMUNITION; OR (9) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS A DRUG TRAFFICKING FELONY AS DEFINED IN SUBDIVISION TWENTY-ONE OF SECTION 10.00 OF THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION; OR (10) SUCH PERSON POSSESSES AN UNLOADED FIREARM AND ALSO COMMITS ANY VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THIS CHAPTER AS PART OF THE SAME CRIMINAL TRANSACTION.
Right you are…the only pseudo exception is this…
265.37 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES. IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS AN AMMUNITION FEEDING DEVICE THAT SUCH PERSON LAWFULLY POSSESSED BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR CONVERTED TO ACCEPT MORE THAN SEVEN BUT LESS THAN TEN ROUNDS OF AMMUNITION, WHERE SUCH DEVICE CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION. IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS POSSESSED WITHIN THE HOME OF THE POSSESSOR, THE PERSON SO POSSESSING THE DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF A VIOLATION AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS, AND FOR A SECOND OFFENSE, BE GUILTY OF A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A TERM OF UP TO THREE MONTHS IMPRISONMENT. IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS POSSESSED IN ANY LOCATION OTHER THAN THE HOME OF THE POSSESSOR, THE PERSON SO POSSESSING THE DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF
S. 2230 25 A. 2388 A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A TERM OF UP TO SIX MONTHS IMPRISONMENT, AND FOR A SECOND OFFENSE, BE GUILTY OF A CLASS A MISDEMEANOR. -
Anyone else in favor of making Central and Upstate New York a seperate entity from the City? This is pure garbage.
We the people of this republic should organize and start our own armed militia’s now before it is to late as a sign of strength. It is what they fear could happen so we should make it happen the New American Revelutionary Army.
Most states already have their own militia. Just do a search for “your state” Militia on Facebook. Talk to them, they’ll get you to where you need to go.
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Learn more about the rally to repeal the Safe Act in Albany on the 28th! There is some busing available. Go to Facebook and look for the Gun Rights Across America New York Page or Google repeal safe act 28th and find out how you can help to demand your rights! Florida is with you in spirit!
I have a lot of rope, in fact it is government issue rope! Can anyone think of a good use for it? I will bring it to ALBANY on THURSDAY!
I do not believe this is accurate–at least about having 8 rounds in a ten-round magazine. here is the language from the S.A.F.E. Act, it appears that having 8 rounds in a ten-round magazine is a misdemeanor. Someone please correct me if I am wrong.
S 265.37 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES.
42 IT SHALL BE UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS AN AMMUNITION
43 FEEDING DEVICE THAT SUCH PERSON LAWFULLY POSSESSED BEFORE THE EFFECTIVE
44 DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED
45 THIS SECTION, THAT HAS A CAPACITY OF, OR THAT CAN BE READILY RESTORED OR
46 CONVERTED TO ACCEPT MORE THAN SEVEN BUT LESS THAN TEN ROUNDS OF AMMUNI-
47 TION, WHERE SUCH DEVICE CONTAINS MORE THAN SEVEN ROUNDS OF AMMUNITION.
48 IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS
49 POSSESSED WITHIN THE HOME OF THE POSSESSOR, THE PERSON SO POSSESSING THE
50 DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF A VIOLATION AND SUBJECT
51 TO A FINE OF TWO HUNDRED DOLLARS, AND FOR A SECOND OFFENSE, BE GUILTY OF
52 A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
53 TERM OF UP TO THREE MONTHS IMPRISONMENT.
54 IF SUCH DEVICE CONTAINING MORE THAN SEVEN ROUNDS OF AMMUNITION IS
55 POSSESSED IN ANY LOCATION OTHER THAN THE HOME OF THE POSSESSOR, THE
56 PERSON SO POSSESSING THE DEVICE SHALL, FOR A FIRST OFFENSE, BE GUILTY OF
S. 2230 25 A. 2388
1 A CLASS B MISDEMEANOR AND SUBJECT TO A FINE OF TWO HUNDRED DOLLARS AND A
2 TERM OF UP TO SIX MONTHS IMPRISONMENT, AND FOR A SECOND OFFENSE, BE
3 GUILTY OF A CLASS A MISDEMEANOR.
I’m not 100% positive of what the new law actually is but according to a NYS penal law web site in looking at now under article 265.02 Criminal possession of a weapon in the 3rd degree is a class D felony. And among the 10 reasons a person is guilty of criminal possession of a weapon in the 3rd degree it lists number 8: “such person possesses a large capacity feeding device” Maybe the 8 to 10 round clips doesn’t fall under the definition of a large capacity feeding device. Maybe it has to be more than 8-10 rounds to fall into this category. I’m not sure.
The way I’m reading it now is that if you have a grandfathered (legally possessed) ten-round mag that you previously owned, it’s a misdemeanor if you load it with 8 rounds.
If after April when eight or ten-round magazines are illegal to purchase, you load one of those with 8 or more rounds, you are guilty of criminal possession of a weapon in the third degree–and that’s the felony.
none of which makes sense. how is anyone going to know whether you owned a ten-round mag before April 2013 versus after April? makes no sense.
the original author of this page has tried to revise and clarify his understanding of the law and he has scratched the 8-rounds in the magazine part of it:
http://radioviceonline.com/new-york-penalties-for-large-capacity-magazines-redux/
Forget this nonsense. Gun owner or not if you are not angry about how this legislation made it into law (especially now that all the back pedaling and amendments to fix their oversights are coming) you don’t even understand the liberties this country affords you nor should you be privy to them.
it’s not nonsense if you’re charged with a felony and lose all your guns. and you can be damn sure I’m angry.
a couple of years ago I visited the Albany area. Around there is just like any other small town in America. Hunters and gun owners. I even went in a small country store that sold bait, beer and guns. I can’t imagine what it would be like to have the NY legislation handed down to where I live. I almost would say that a revolution would begin and if it did I’d be locked and loaded. Semper Fi
Just added the whole state of New York on my NEVER to visit list.
I hate to say it folks, but as long as New York City is part of the state, and welfare is considered a career choice, you will never see a true patriot, or defender of the Constitution as the Governor of this state.
“A democracy cannot exist as a permanent form of government. It can only exist until the people discover they can vote themselves funds out of the public treasury. From that moment on, the majority always votes for the canidate promising the most benefits from the public treasury, with the result that democracy always collapses over a loose fiscal policy–to be followed by a dictatorship.”
― Alexander Fraser Tytler
This whole NY gun law results from nothing more than a smart politician playing on the fears and ignorance of a gullible voting public. The politician (Gov. Cuomo) is careful to avoid tampering with Constitutional rights while he pushes the limits as far as he can. His objective is getting reelected, or elected to be the next US President.
Wait until the enthusiastic prosecutions begin. They’ll have taken what was previously a lawful citizen and turned him into a felon – and they’ll ruin him financially. Calling him not much better than a child rapist. What happens when that guy gets out of prison? Or what will his friends and family do when he’s sent off to the gulag? Revenge & retribution come to mind. You’ve lost everything that you’ve worked your entire life for because you were simply exercising your Second Amendment rights? You probably learned how to shoot as a boy and maybe even served your country in the military. Now you’re pissed and you have absolutely no reason what-so-ever to hold back. I see a lot of dead politicians as a result of this misguided legislation. I see guys with no reservations about taking out families of politicians to make a point. It stands to reason that a guy that has lost his job, all his money, and probably gone to prison isn’t going to have a family any longer. And I’d bet that he’s going to be bitter and angry and looking for payback.
I’d hate to see all this come to pass – but do you see any other outcome? I don’t.
Sign this petition to tell the White House and Congress to stop the assault on our gun rights:
http://www.ipetitions.com/petition/stop-the-assault-on-the-2nd-amendment/
Who voted for these idiots?? Probably the same idiots that voted for obama.
Well, I have a .22 hand gun that holds TEN ROUNDS..does that make it an “assault” weapon??? This is just gotten TOTALLY out of hand. FIRE ‘EM ALL and let’s start over!
NY Will soon be a ghost state. Keep up the non-sense and price gouging and that is what will happen.. Unless that is the plan. I never owned a gun and not afraid of them. I believe everyone has the right to bear arms and not limited to the amt of bullets they are allowed. Im more afraid of a rapist or murderer than someone that carries for their own safety.