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 is 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?
Update 4 (Feb 26 at 6:10 p.m.) At this point, just go and read this new post since I did a better job explaining everything there. PLEASE GO THERE as it will be easier to read and understand.
Update 2 (Feb. 26. 7 a.m. ET): I have a correction and clarification for readers. If you go to this link, you’ll see that Section 8 of § 265.02 is being amended, excluding eight, nine and 10 round magazines from the definition of a large capacity magazine. There is a new section effective March 16, 2013 that changes the penalty class for possession of eight, nine and 10 round magazines (§ 265.36) to be a Class A Misdemeanor. That said, possession of – for an example – a standard capacity 13-round magazine for a 9mm SIG Sauer P229 or any magazines holding more than 11 rounds is and will be a Class D Violent Felony, even for owners who possessed large capacity magazines prior to Sept. 1994 when possession was grandfathered.)
Update 3 (Feb. 26 at 4:50 p.m. ET) Also note, my headline originally stated more severe and I changed it to read as severe as. I also changed the reference to child molestation to the more specific sexual conduct against a child.
Feel free to review the text of New York § 265.02, but here is the statute. Scroll to bottom of post for an update. Thanks for all the Facebook Likes … Keep them coming! Note that 265.02 is listed as a class D violent felony.
§ 265.02 Criminal possession of a weapon in the third degree. A person is guilty of criminal possession of a weapon in the third degree when: (1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or (2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or (3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or (5) (i) Such person possesses three or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person’s home or place of business; or (6) Such person knowingly possesses any disguised gun; or (7) Such person possesses an assault weapon; or (8) Such person possesses a large capacity ammunition feeding device. Criminal possession of a weapon in the third degree is a class D felony.
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. You’ll be shocked, but this is part of the game. With the threat of a class D felony, legislators and prosecutors will figure those arrested on the charges will take a misdemeanor plea instead of going to court to fight. They want to discourage the creation of a Supreme Court test case. The original list seems to have shown up at Northeast Shooters, but I can not be certain. It’s been published elsewhere during the weekend.
Yes, I’ve taken the time to verify every one of them. Click on a link to confirm for yourself. These lawmakers in New York really went all out with the fast-track legislation, and they really hate gun owners. A friend of mine wrote the following:
Of course it is worse than kiddy porn or rape. You can’t use either to put down tyranny. And when you are in the business of tyranny, you fear that kind of stuff.
- 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 (Referenced in headline.)
A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and, within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a 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
Update: In the comments, ricbee asked for a listing of some class D felonies. You’ve got it. Here is a complete list of penal law crimes in the state of New York. You can go to the link provided and sort through all crimes. Again, the “class” of these violations are Class D Violent Felonies, and they include having
eight 11 rounds in a magazine – Criminal possession of a weapon in the third degree. Click here for a direct link to the current law referenced online.
|Penal Law Offense||Code|
|Assault in the second degree||120.05|
|Menacing a police officer or peace officer||120.18|
|Stalking in the first degree||120.6|
|Strangulation in the second degree||121.12|
|Rape in the second degree||130.3|
|Criminal sexual act in the second degree||130.45|
|Sexual abuse in the first degree||130.65|
|Course of sexual conduct against a child in the second degree||130.8|
|Aggravated sexual abuse in the third degree||130.66|
|Facilitating a sex offense with a controlled substance||130.9|
|Criminal possession of a weapon in the third degree||265.02|
|Criminal sale of a firearm in the third degree||265.11|
|Intimidating a victim or witness in the second degree||215.16|
|Soliciting or providing support for an act of terrorism in the second degree||490.1|
|Making a terroristic threat||490.2|
|Falsely reporting an incident in the first degree||240.6|
|Placing a false bomb or hazardous substance in the first degree||240.62|
|Placing a false bomb or hazardous substance in a sports stadium or arena mass transportation facility or enclosed shopping mall||240.63|
|Aggravated unpermitted use of indoor pyrotechnics in the first degree||405.18|