New York's new gun law slightly off the mark - Editorial

9/25/13 9:56 AM

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Editorial

Editorial: New York's new gun law slightly off the mark
Originally published: February 12, 2013 4:14 PM Updated: February 12, 2013 6:20 PM
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Photo credit: AP | New York Gov. Andrew Cuomo signs New York's Secure Ammunition and Firearms Enforcement Act into law during a ceremony in the Red Room at the Capitol in Albany, N.Y. Also pictured from left are Senate co-leader Jeffrey Klein, Assembly Speaker Sheldon Silver, and Senate Democratic Leader Andrea Stewart-Cousins. (Jan. 15, 2013)

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When Gov. Andrew M. Cuomo and state lawmakers signed off on a set of gun laws last month, they proudly declared them the toughest and most comprehensive in the nation.

http://www.newsday.com/opinion/editorial-new-york-s-new-gun-law-slightly-off-the-mark-1.4632997

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New York's new gun law slightly off the mark - Editorial

9/25/13 9:56 AM

For the most part, New York's new laws hit their desired target: They include stricter bans on assault weapons, tougher penalties for criminals using firearms, and background checks on ammunition sales, as well as provisions for mental health, safer storage and Cartoonists take aim at gun control stricter relicensing. So it's no surprise they've angered gun-rights advocates, many of whom marched at the state Capitol yesterday. Regardless of one's views on gun control, the process was rushed, as if the goal was also to have the first set of laws passed in the emotional aftermath of the massacre of 27 people, including 20 children, in Newtown Conn. Negotiations occurred in private. The National cartoon roundup public wasn't involved, and some senators said they had only minutes to review the 78-page bill before voting around midnight. That's why the NY SAFE Act, or New York Secure Ammunition and Firearms Enforcement Act, needs revisions. MORE: Analysis and discussion from Viewsday | Newsday columnists | More opinion CARTOONS: Walt Handelsman's Cartoons | National Cartoon Blog: Viewsday Roundup CONNECT: Subscribe to our e-mail list | Twitter | Facebook As the law is written, many hunters, sportsmen and police officers using clips with more than seven bullets would be breaking the law. The legal size of a magazine, which went from 10 to seven, seems Submit your letter arbitrary, if not silly; owners in many cases would have to sell their magazines across state lines or face fines and potential jail time. Law-abiding owners may play by the rules, but it's unlikely criminals will, which makes this little more than a feel-good talking point. In response to a Hudson Valley newspaper's roundly criticized Walt Handelsman: Proven Winner other way. The SAFE Act allows a broad spectrum of gun owners to "opt out" of having their permit applications made public. Withholding personally identifiable information makes sense in certain cases -- such as for retired and active police and correction officers, jurors and those who have served on a grand jury, witnesses to a crime, or those covered under a protection order. But one exception allows a person to check a box on a form for fear of unwarranted harassment; that's far too vague, difficult for the applicant to prove and potentially unenforceable. Regardless of who can opt out, data such as ZIP codes, gender and the reasons for checking the box should be available to the public: There needs to be a better balance of privacy and the public's right to know. With a sense of urgency to pass the law, Cuomo waived the required three-day legislative waiting period -- using a "message of necessity" -- under the belief there would be a rush on gun sales, and for fear that fragile deals between Democrats and Republicans would be blasted to smithereens. The State Senate voted on the bill after 11 p.m. With a little more time, the Assembly waited until the next day. Cuomo's emergency-rule maneuvering has come into question, but lawmakers would do better to take a shot at striking a deal that outlaws late-night "vampire voting." That would prevent the people's business from being done at peculiar hours.
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decision to publish an online map of gun permit owners, including their names and addresses, with little context or journalistic value, the pendulum on restrictions to public information swung too far the

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New York's new gun law slightly off the mark - Editorial

9/25/13 9:56 AM

New York may have been first to pass tougher gun laws, but in its haste, the state missed a few marks. User rating:
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75 comments
Newest Community ccambridge2

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7 months ago

They signed laws...then why are crimes committed by unregistered owners the biggest problem?

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Karmarules

7 months ago

I'm happy Cuomo did this. I needed a nudge to close down my business up here lay off my employees and move it down South. This imbeciles rushed ridiculous law gave me the final push.Thanks Andy.

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Karmarules 7 months ago

With that attitude, I am sure you'll be liked as much as you were here! See ya! Let me know when you leave so I can wave at you from the border, not all my fingers will be used!

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JoseCruz 7 months ago

Why should he keep his business in the most business unfriendly state in the country? A business doesn't exist to provide jobs, it exists to make money for it's owners. If he can make more money,
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New York's new gun law slightly off the mark - Editorial

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and employ more people, in another state he'd be crazy not to leave. If and when he does it will be the fault of our elected officials who have put the tax and regulatory policies in place that hinder businesses.

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leavemealone

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7 months ago

slightly?!?!?! LMAO guns are not the problem -- liberals try and wrap your head around reality

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wreckyourself

7 months ago

But andy was first. He was first. It's a great soundbite for his presidential run. Don't get hung up on the details.

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wreckyourself 7 months ago

We'll see how well those soundbites go over in the red state primaries.

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FredW56

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7 months ago

Magazines...they're bloody magazines, not clips...

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cantpaymore

7 months ago

A quote by NYPD Commissioner Ray Kelly. Ninety percent, or 2,493, of the 2,779 illegal firearms seized from suspects in arrests in the city last year were handguns. By contrast, a total of 77 assault weapons were seized in arrests in the city, less than 3 percent of the total. In only three of nearly 1,400 shooting incidents last year were ballistics associated with assault weapons.
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pete480

cantpaymore 7 months ago

Yeah, but those "assault weapons" are so scary looking.

DJD516

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cantpaymore 7 months ago

Now now, we mustn't let facts and reason get in the way of a typically opportunistic and emotional liberal agenda.

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fobess4

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7 months ago

NYs new gun laws are truly a joke. They are the epitome of a politician taking the easy road to avoid the hard road. All the new laws in NY do is penalize legal gun owners and does nothing to prevent criminals from getting their hands on guns or any capacity magazine they want. Why? because they are criminals NY Legislature and Governor Cuomo! Criminals who don't care what the law is, they do as they please. Limiting magazine capacity is reasonable although Gov Cuomo insisted on 7 round limits instead of the 10 round limit previously in place. If shooting continue will he restrict it further? Background checks for all gun purchases is long
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will he restrict it further? Background checks for all gun purchases is long overdue. Its time this nation considers regional gun control measures. The majority of gun crimes are committed in urban areas and in minority areas, but I know to say such a thing out loud would require guts that politicians do not possess today. The way to control gun violence is simple. Strict and harsh penalties for using guns to commit crimes. Nothing else will make a dent. Yet Democrats and liberals seem to not have the courage to acknowledge this and deal with it, they prefer to take the easy road.

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fobess4 7 months ago

Cuomo knows bloody well that most manufacturers do not make 7 round magazines...they're not clips, by the way, for most rifles or handguns. By making mandatory 7 round max magazines, he virtually neutered anyone with a semiautomatic.

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FredW56 7 months ago

Kimber, one of the largest manufacturers of 1911 pistols is based in Yonkers. Remington, Illion NY, is now making 1911 pistols. Both come with a standard 7-round magazine. Fredo is trying to keep 2000 jobs in NY with his arbitrary magazine limit.

RealisticOnLI
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fobess4 7 months ago

You admit that criminals will not abide by the magazine capacity limit but you go on to state limiting magazine capacity is reasonable? I'm confused by your statements.

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RealisticOnLI 7 months ago

Excellent point, a totally contradictory post.

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cindyvinny

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7 months ago

Does this law make Andy's State Police security detail criminals? Pretty sure their magazines as well as that of most police agencies exceeds 7 rounds! Well thought out law Andy.
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FredW56

cindyvinny 7 months ago

No, an amendment was issued the next day, I believe, correcting the error for law enforcement personnel.

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FredW56 7 months ago

There have been no amendments yet.

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RealisticOnLI

FredW56 7 months ago

I don't believe that amendment was passed yet. That part of the law does not take effect until April 15, 2013. If you have information that it was passed please direct me to where I can find it.
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New York's new gun law slightly off the mark - Editorial

9/25/13 9:56 AM

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grifhunter

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7 months ago

Standard 30 round magazines exist by the billions, around the world and the USA. They will cross our borders as easy as cocaine, marijuana, and illegal immigrants. There is no way that gang members, terrorists, rogue cops and evil intentioned assailants won't have access to them, and when they do, we law abiding citizens are supposed to defend our families with 7 shots? If you lived in a mountain area where a murderer like Dorner was on the loose, are you feeling safer for what the Governor did?
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realplaster

7 months ago

The first fully "honor system" enforced law. Only the most honest and complaint people will volunteer that they own now restricted long guns and magazines over 10 rounds. There is no existing record of who owns what. What person with even a slight inclination for some form of illegal activity will come forward on their own? How many murders by rifle were there in NY last year? The FBI reports: Out of a population 0f 19,400,000 there were 5 rifle murders while there were 26 murders with hands or feet. Think about that for a moment.

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realplaster 7 months ago

I beg to differ...every police department that issues a pistol license knows exactly what each licensee owns and the magazine capacities thereof. There's also a record of every sale of a rifle or shotgun. You don't think those records could be confiscated from the gun stores?

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FredW56 7 months ago

Not without a probable cause and a warrant they can't. Oh, wait, that's assuming that our government actually follows the Constitution.

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RealisticOnLI

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7 months ago

The public has a right to know whois exercising their Constitutional right to bear arms. Does the public have a right to know the names an addresses of those who are exercising their rights to free speech and press? It was once said that "the pen is mightier than the sword" so theoretically a journalist wields more power than a gun owner. Let's require background checks and licensing of all journalists and make their personal information public record.
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7 months ago

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Babalooo

Vote these right stealing bastards out !!! Middle of the night deals ,regardless of the issue is unacceptable !!! Why were you scared to let the people have an opinion Cuomo??? Why the rush ?? We will get our opinion at the polls !!! Hitler would certainly be be proud of what you have done and HOW you did it !!! Cuomo is a Tyrant !!!
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Sean Szabunka

Babalooo 7 months ago

Page 6 of 11

http://www.newsday.com/opinion/editorial-new-york-s-new-gun-law-slightly-off-the-mark-1.4632997

New York's new gun law slightly off the mark - Editorial

9/25/13 9:56 AM

Sean Szabunka

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Babalooo 7 months ago

The three day waiting period was waived because these laws were passed in an emergency yet most of the laws don't kick in til 3 months to a year. This whole bill is BS.
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RealisticOnLI

7 months ago

Newsday says the opt out provision is too vague. They understand it for someone that has served on a jury or grand jury. Lets look at a scenario. I have a pistol license. I haven't served on a jury. A news organization decides it will publish the names an addresses of licensed gun owners because the public has a right to know. My name and address are published. A month goes by and now I get called to serve on a jury. Oops my name and address have already been published. Does the news organization now un-publish it?.

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RealisticOnLI

7 months ago

It's interesting that Newsday admits that the restriction on magazine capacity will only be complied with by law abiding people but they assume that the ban/registration portion of the bill will get universal compliance by everyone including criminals. This law is nothing but a grandstanding feel good look at me measure from our elected representatives so they can parade around and pretend to have accomplished something.
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7 months ago

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wa2rjm

You bet it's off the mark, way way off the mark! And please be informed that you constantly use the incorrect word to describe a spring loaded devise that holds ammunition. It is a magazine not a clip. A clip is a device that speed loads ammunition into a magazine. The storied M1 Garad has an 8 round clip that fits into a magazine.
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7 months ago

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scosgt

"A little flawed" is the understatement of the year.

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DJD516

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7 months ago

Like Benghazi and countless other stories, it'd be nice if Newsday did its reporting and analysis work as things were happening, rather than belatedly commenting on obvious issues that others always see almost immediately.
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RossTemplar

7 months ago

You wanted this guy Cuomo - and now look. Unchecked power grabs. More money problems. More dysfunction. Will the editorial board support the democrat again - yep!

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HJB

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8 months ago

This editorial seems to say a lot of nothing. Governor Cuomo should be praised for taking the lead in attempting to reign in the national scourge of firearm abuse and fairytale Rambo mentality. 1. You say the reduction of magazine size from 10 to 7 is silly. Not silly to three
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New York's new gun law slightly off the mark - Editorial

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1. You say the reduction of magazine size from 10 to 7 is silly. Not silly to three people who get killed in the seconds saved from having to change magazines. We have had years of socially regressive, permissive weapons trafficking and escalation of weapon power that is available to the average person. The Governor and the Legislature understand that the time has come to actually and significantly reverse that policy, particularly in view of the weapons that make their way into the New York from other states. 2. The "opt out" provision concerning publication of weapon registrations makes more sense than the knee-jerk idea that all permits ought be available for publication. There is an element of abuse by the press and others when the public record is raided, organized and published, in the way that the Hudson Valley newspaper did. The same would hold true of similar mass publication of other kinds of individual public records. There should be no bar to publication of a
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HJB 7 months ago

In response to point number 1: Do you really think a person that is willing to commit mass murder will be concerned about violating a law restricting magazine capacity? Do you think banning magazines with a capacity for more than 10 rounds will cause them to cease to exist? Lots of things are banned yet readily available; marijuana, heroin, cocaine etc. to point 4: How many of those people were killed by criminals with illegal guns? How many were killed by lawful gun owners? What were the gun laws like in the cities where they were killed? You want to restrict firearms ownership yet in your argument in support of your opinion you freely admit that the "sirens of emergency vehicles rang out -- to no avail". You want me to rely on the Police to protect me when you admit that in many cases they can not.

Babalooo

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HJB 7 months ago

To think that the psycho in your example is going to only load 7 rounds in his weapon because there is a law, is completly ridiculous! Stop living in a fantasy world! This law has zero affect on someone who means to do harm ! You drank the cool aid !!! Say it loud Baaaaa Baaaaa Baaaaa ! Your a sheep !! We have had enough of politicians making it easy for the bad guys !! When 26 people get killed by a psycho , its TIME TO ARM UP AND FIGHT BACK !! Not cower in the corner and wish(law) all the bad guns away !!
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HJB 7 months ago

DJD516

1700 predominantly inner city murders, committed by people using handguns in democrat strongholds that already have the most restrictive gun laws in the nation. The failure is to address the problem on a family, community and justice system level. But democrats know demanding accountability from these urban constituents will cost them votes, so they eagerly use a tragedy like Newtown to push through their longstanding gun control desires, knowing full well it will fix nothing.
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New York's new gun law slightly off the mark - Editorial

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gun control desires, knowing full well it will fix nothing.

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luckydog331

HJB 7 months ago

They don't make 7 round magazines. For almost the past 20 years the only people who carried more than 10 rounds were cops and criminals. Now you have potentially turned millions of law abiding citizens into criminals. Again, they don't make 7 round magazines, do you think a criminal or shooter will only put 7 rounds in a 10 round magazine?

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luckydog331 7 months ago

If you will read the actual legislation (which Newsday does not give a link to and which Newsday will not permit me to link to) you will find that the 7 round limit was obviously an exception to the otherwise now standardized 5 round limit. That appears to have been an exception to permit the continuing use of certain 7 round magazines that are used with a limited number of weapons.

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HJB 7 months ago

Find me a 7 round magazine for a Glock 19...

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RealisticOnLI

HJB 7 months ago

Please tell me where there is a standardized 5 round limit on magazine capacity?

HJB
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RealisticOnLI 7 months ago

1. The statute, as amended, contains five references to five round capacity.

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RealisticOnLI

HJB 7 months ago

Five references to 5 round capacity does not amount to a "standardized 5 round capacity" You still have not provided any facts to back up your statement in regard to the aforementioned standard of 5 rounds. Once again please tell me where this standard can be found. I read the law and the references to 5 round capacity and they do not constitute a " standardized 5 round capacity" Please ack up your statement with facts. Please tell me the specific sections of law where I can find this standard.

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RealisticOnLI 7 months ago

The word "standardized" has been put into quotes by you, but not by me. My reading of the legislation and the five references to five round limits, indicates a legislative intent to standardize at five round magazines and, as you know, five rounds magazines are standardly available. By the way, when a gun manufacturer uses the letters "AR" in the model number of a weapon, does the AR stand for
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New York's new gun law slightly off the mark - Editorial

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certain words?

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RealisticOnLI

HJB 7 months ago

I anxiously await your response to my three posts below this one. I fear that Newsday will cease to make this article available before I can refute every one of your misinformed opinions about firearms ownership and crime. I think an interesting read for you would be a book written by economist John Lott titled "More Guns Less Crime"(quotes added by me to indicate a title). It amuses me that you take issue with my adding quotation marks around "standardized" It's a common tactic for a person that is proved wrong on an issue to attempt to change the topic and deflect.

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RealisticOnLI

HJB 7 months ago

I am enjoying this opportunity to educate you on firearms. Let me continue. The term assault rifle originates with the STG-44 introduced by the Germans during WWII. STG-44 is an abbreviation of Sturmgewehr model of 1944, in English; assault rifle model of 1944. The STG-44 was a select fire rifle. Select fire means that the rifle is capable of semiautomatic as well as fully automatic, hold the trigger down and the rifle will fire until empty or until the trigger is released, fire. More recently assault rifles are selectable between semiautomatic and burst fire, holding the trigger down will produce 2 or 3 shots. The firearms banned by this ill conceived poorly thought out law are all semiautomatic weapons. Words have meaning. That meaning is often twisted and changed by politicians and ideologues, like yourself, to influence the un or misinformed in order to take away the rights of law abiding citizens based on fear.

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RealisticOnLI

HJB 7 months ago

If the intent was to standardize(no quotes as to not offend you) 5 rounds, why does the law state 7.

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RealisticOnLI

HJB 7 months ago

If you really want to know the origin of AR, I will educate you. The firearm commonly known as the AR-15 was designed by Eugene Stoner. The design was then sold to a company named Armalite. The A in AR stands for Armalite and the R stands for riffle. Sorry to burst your bubble. AR doesn't stand for "assault rifle". Google it look it up and know the truth. I added the quotation marks to illustrate your misinformation. There is no standard of five round capacity for magazines. Truthfully you have to look pretty hard to find a 5 round magazine for an AR-15. When you do find one you will pay more for it than for a 10 or god forbid an evil 20
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you will pay more for it than for a 10 or god forbid an evil 20 or horribly frightening 30 round magazine. I can pose an argument, a convincing one at that, that a 30 round magazine is the "standard". (Quotes added by me for emphasis)

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RealisticOnLI

RealisticOnLI 7 months ago

I left a little out about the history of the AR-15. Armalite in turn sold the rights to the AR-15 to the storied American firearms company Colt. By law Colt is the only company that can sell their rifle under the name AR-15. Armalite actually manufactures a version of that rifle but sell it as an M-15 since they no longer hold the rights to AR-15. Ironic sine AR-15 originally stood for Armalite Rifle 15.

HJB
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RealisticOnLI 7 months ago

In the new New York State gun control legislation. Read it.

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