{"id":21558,"date":"2020-04-10T12:57:43","date_gmt":"2020-04-10T16:57:43","guid":{"rendered":"http:\/\/www.gunpoliticsny.com\/?p=21558"},"modified":"2020-04-10T12:57:43","modified_gmt":"2020-04-10T16:57:43","slug":"redefining-what-a-serious-offense-is","status":"publish","type":"post","link":"http:\/\/www.gunpoliticsny.com\/?p=21558","title":{"rendered":"Redefining what a “serious offense” is"},"content":{"rendered":"

An associate of mine offered the following commentary on bill A-9505B<\/a><\/strong>\/S-7505B<\/a><\/strong>:<\/p>\n

“… one of the Budget Bills as an Article VII policy bill redefined what a “serious offense” is. I am not sure that this was a valid Article VII bill as the amendments are necessary to effect the budget. Be that as it may, having a serious offense prior is a bar to getting a handgun possession license and hence acts to prevent one from legally having a handgun. Being convicted of a felony or a serious offense also bars one from possessing a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm. See NY Penal Law 265.01(4)<\/a>. The modern long gun provision has been in effect since 1974 and the muzzle loading provision in effect since 2012 \u2013 pre SAFE<\/a>. Besides being retroactive aka effecting current owners, the legislation requires the NY State Police<\/a> to come up with a list of serious offenses that meets the statutory definition. Prior case law was very narrow on what a “serious offense” was to avoid a slew of legal issues. In any event, Cuomo<\/a> is going to create the test case on this \u2013 something that the NY Court of Appeals<\/a> studiously avoided in People v. Hughes<\/a>, 22 NY3d 44 (2013). Cuomo claims that the NRA<\/a> will sue on this. They are so incompetent that they will not. SAF<\/a> and the ACLU<\/a> will likely sue on multiple grounds – one of which is void for vagueness – and win …”<\/em><\/p><\/blockquote>\n

Interesting to see if this comes to pass.<\/p>\n