Anybody from Albany?
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Thread: Anybody from Albany?

  1. #1
    Join Date
    Nov 2009
    Location
    Elma NY
    Posts
    1,638

    Anybody from Albany?

    Are you aware what your City counsel is about to do?
    Council Member Konev introduced the following:
    Ordinance Number 59.42.10
    AN ORDINANCE REPEALING CHAPTER 193 (FIREARMS AND AMMUNITION) OF THE CODE OF THE CITY OF ALBANY, IN ITS ENTIRETY, AND ADDING A NEW CHAPTER 193 (FIREARMS, AMMUNITION AND WEAPONS)

    You guys are screwed.

    I guess the rest of us in NY are next.

    Hows that change working for you?

  2.   
  3. #2
    Join Date
    Nov 2009
    Location
    Elma NY
    Posts
    1,638

    This Bill is about 30 pages long. Written by the Brady Bunch Here are the highlights

    193-1 License - Required.
    It shall be unlawful for any person to engage in the business of selling, or to sell or give away, any firearm or other dangerous weapon, as defined in Article 265 of the Penal Law of the State of New York, or other deadly weapon which can be carried or concealed on the person, without securing a weapons dealer license. The license required by this chapter shall be in addition to any other license required by law.
    193-2 License - Application.
    An application for a weapons dealer license shall be made in conformity with the general requirements of this Code relating to applications for licenses. The Chief of Police shall approve said application before a license shall be issued.
    193-3 License - Fee.
    The annual fee for a weapons dealer license shall be promulgated by the Chief of Police.
    193-4 Daily report required - Sales or gifts.
    Every person dealing in the aforementioned deadly weapons shall make out and deliver to the Chief of Police every day before the hour of twelve noon, a legible and correct report of every sale or gift made under authority of his license during the preceding 24 hours, which report shall contain the date of such sale or gift, the name of the purchaser or donee with his or her address and age, the number, kind, description and price of such weapon, the number of the purchaser’s permit, and the purpose given by such person for the purchase of such weapon, which report shall be substantially in the following form:
    Number of permit
    Number of weapon
    Name of purchaser
    Address of purchaser
    Age of purchaser
    Kind or description of weapon
    For what purpose purchased
    Price
    193-5 Register required.
    Every person dealing in the aforementioned deadly weapons or ammunition at retail, within the city, shall keep a register of all such weapons and ammunition sold, loaned, rented or given away by him. Such register shall contain the date of the sale, loaning, renting or gift, the number of the permit, the number of the weapon, the name and age of the person to whom the weapon or ammunition is sold, loaned, rented or given, the quantity of ammunition, the price of each item, and the purpose for which it is purchased or obtained. Such register shall be kept open for the inspection of the police at all reasonable times during business hours.
    193-6 Restrictions on sales or gifts.
    It shall be unlawful for any person to sell, barter or give away to any person within the city, any deadly weapon mentioned in Section 193-1, except to licensed dealers and to persons who have secured a permit for the purchase of such articles from the Chief of Police as hereinafter required.
    193-7 Sale of certain handgun ammunition prohibited.
    Except as allowed by subsection (e) of Section 193-45 of this Code, it shall be unlawful for any person to sell, offer for sale, expose for sale, barter or give away to any person within the city, any ammunition of the following calibers and types:
    .45 automatic
    .380 automatic
    .38 special
    .357 magnum
    .25 caliber
    .22 caliber, including .22 long
    9 millimeter
    Any other ammunition, regardless of the designation by the manufacturer, distributor or seller, that is capable of being used as a substitute for any of the foregoing.
    193-8 Sale of handguns without childproofing or safety devices prohibited.
    193-9 Permit required when - Issuance conditions.
    193-10 Sales display restrictions.
    ARTICLE II. AIR RIFLES AND AIR GUNS
    193-18
    Replica firearms and pellet guns.
    193-19 Replica military style weapons.
    ARTICLE III. POSSESSION OF FIREARMS
    193-26
    193-41 Possession of ammunition.
    No person shall possess ammunition in the City of Albany unless:
    (a) He is a person exempted pursuant to Section 193-31 of this chapter; or
    (b) He is the holder of a valid registration certificate for a firearm of the same gauge or caliber as the ammunition possessed, and has the registration certificate in his possession while in possession of the ammunition; or
    (c) He is a licensed weapons dealer pursuant to this Chapter.
    193-42 Possession of laser sight accessories.
    No person shall sell, offer, or display for sale, give, lend, transfer ownership of, acquire or possess any laser sight accessory in the City of Albany provided, that this section shall not apply to any members of the armed forces of the United States, or the organized militia of this or any other state, and peace officers as defined in this Code to the extent that any such person is otherwise authorized to acquire or possess a laser sight accessory and is acting within the scope of his or her duties.
    193-43 Permissible sales and transfers of firearms and ammunition.
    (a) No firearm may be sold or otherwise transferred within the City of Albany except through a licensed weapons dealer as defined in Chapter 193 of this Code.
    (b) No ammunition may be sold or otherwise transferred within the City of Albany except through a licensed weapons dealer as defined in Chapter 193 or as otherwise allowed by the Code of the City of Albany.
    (c) No firearm or ammunition shall be security for, or be taken or received by way of any mortgage, deposit, pledge or pawn.
    (d) No person may loan, borrow, give or rent to or from another person, any firearm or ammunition except in accordance with this chapter.
    (e) A peace officer may additionally sell or transfer any lawfully held firearm or ammunition to another peace officer in accordance with the other provisions of this chapter.
    (f) Except as allowed by subsection (e) of this section, no person may sell, offer for sale, barter or transfer within the city any ammunition listed in Section 193-7 of this Code.
    193-47 Voluntary surrender—Immunity.
    (a) Within 90 days from the effective date of this ordinance, a person within the City of Albany may voluntarily and peaceably deliver and abandon to the Chief of Police any firearm or ammunition prior to any arrest and prosecution of such person on a charge of violating any provisions of this chapter with respect to the firearm or ammunition voluntarily delivered.
    (b) Delivery under this section may be made at any police district, area or central headquarters or by summoning a police officer to the person’s residence or place of business. Any firearm or ammunition to be delivered and abandoned to the Chief of Police under this section shall be unloaded and securely wrapped in a package carried in open view.
    (c) The voluntary delivery or abandonment of any firearm or ammunition after an arrest or charge for violation of any provision of this chapter shall not moot or in any manner invalidate said arrest or charge.
    (d) This section does not confirm any relief from prosecutions from any other State laws, rules or regulations.
    193-48 Voluntary surrender of laser sight accessory - Immunity.
    (a) Within 14 days of the effective date of this ordinance, a person within the City of Albany may voluntarily and peaceably deliver and abandon to the Chief of Police any laser sight accessory prior to any arrest and prosecution of such person on a charge of violating any provision of this chapter with respect to the laser sight accessory voluntarily delivered.
    (b) Delivery under this section may be made at any police district, area or central headquarters or by summoning a police officer to the person’s residence or place of business.
    (c) The voluntary delivery or abandonment of any laser sight accessory after an arrest or charge for violation of any provision of this chapter shall not moot or in any manner invalidate said arrest or charge.
    193-57 Carrying dangerous weapons.
    (a) No person shall sell, offer for sale, keep, possess, loan or give to any person any electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or "Kung Fu star. No person shall sell, offer for sale, loan or give to any person under 18 years of age any type or kind of knife, any blade of which is two inches in length or longer.
    (b) No person shall carry or possess with intent to use same unlawfully against another any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon.
    (c) No person shall sell, manufacture, purchase, possess or carry any weapon from which eight or more shots or bullets may be discharged by a single function of the firing device.
    (d) No person shall carry concealed on or about his person any dangerous weapon defined by this chapter. This provision shall not apply, however, to the following officers while engaged in the discharge of their official duties: sheriffs, coroners, constables, policemen or other duly constituted police officers and wardens, Chief of Polices and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime; nor to the following employees or agents while engaged in the discharge of the duties of their employment: conductors, baggage men, messengers, drivers, watchmen, special agents and policemen employed by railroads or express companies; nor to persons lawfully summoned by an officer to assist in making arrests or preserving the peace, while so engaged in assisting such officer.
    (e) Any person violating the provisions of this section shall be fined $200.00 for each offense, or shall be punished by imprisonment for a period of six months, or by both such fine and imprisonment.
    (f) In addition to all other penalties, weapons used in violation of this section shall be forfeited to, and confiscated by, the Chief of Police.
    193-58 Sale, display and use of utility knives.
    (a) As used in this section, a “utility knife” is a knife consisting of a grip and single-edged sharp blade of the type typically used to cut such resistant surfaces as rugs, cardboard boxes, linoleum flooring and the like.
    (b) No person shall display or offer for sale any utility knife except by placing the knife either:
    (1) in an area immediately accessible only to an employee of the establishment, and beyond the reach of any customer less than seven feet tall; or
    (2) in a locked display cabinet, which can only be opened by an employee of the establishment.
    No person under the age of 18 shall carry a utility knife on his person, or in the passenger compartment of a motor vehicle. This prohibition shall not apply to a minor using a utility knife for a lawful purpose in:
    (1)
    his residence, under the immediate supervision of his parent or legal guardian; or
    (2)
    a classroom, at the direction and under the immediate supervision of his teacher; or
    (3)
    his place of lawful employment, at the direction and under the immediate supervision
    of his adult employer or an adult supervisor. For purpose of clause (3) of this subsection, “place of employment” includes an employer’s motor vehicle used to transport the employer’s tools and equipment, as well as a site where the employer is performing any lawful work.
    (d) No person shall sell, offer to sell, give, deliver or offer a utility knife to a person under the age of 18. The prohibition on giving, offering or delivery of a utility knife shall not apply to:
    (1) a parent or legal guardian who gives a utility knife to his minor or ward in the family residence for a lawful use, to be performed within the residence at the direction and under the immediate supervision of parent or legal guardian; or
    (2) a teacher who gives a utility knife to a minor student, or who allows or directs a minor student to take possession of a utility knife, in a classroom for a lawful use, to be performed in the classroom at the direction and under the immediate supervision of the teacher; or
    (3) an adult employer, who gives a utility knife to a minor employee, or who allows or directs a minor employee to take possession of a utility knife, in the place of lawful employment, at the direction and under the immediate supervision of the adult employer or an adult supervisor. For purposes of clause (3) of this subsection, “place of employment” includes an employer’s motor vehicle used to transport the employer’s tools and equipment, as well as a site where the employer is performing any lawful work.
    (e) Any person who violates any provision of this section shall be subject to a fine of not less than $500.00 and not more than $1,000.00.

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