Hmmm....
I was not at all aware of that, but I must say that I'm not the least bit surprised. Lever, pump and bolt action long guns don't fall under the definition of "assault weapons" for NYC (only semi-auto centerfire and rimfire rifles, and semi-auto shotguns, can potentially meet the definition), but they don't need to go there. It would seem that they have taken a hard look at section 10-306 of the NYC Admin Code (
http://www.nysrpa.org/files/nyc-admincode.pdf at page 26 of the PDF):
§ 10-306. Disposition, purchase and possession of ammunition and ammunition feeding devices.
a. No person, except a dealer in rifles and shotguns, may dispose of to another person an ammunition feeding device which is designed for use in a rifle or shotgun and which is capable of holding more than five rounds of rifle or shotgun ammunition, except in the manner provided in this chapter for the disposition of assault weapons, provided that a person in lawful possession of such ammunition feeding devices may dispose of such ammunition feeding devices to a dealer in rifles and shotguns. No dealer in rifles and shotguns may dispose of such ammunition feeding devices except to a person who is exempt from subdivision a of section 10-303.1 pursuant to section 10-305.
b. No person may possess an ammunition feeding device which is designed for use in a rifle or shotgun and which is capable of holding more than five rounds of rifle or shotgun ammunition, unless such person is exempt from subdivision a of section 10-303.1 pursuant to section 10-305, provided that a dealer in rifles and shotguns may possess such ammunition feeding devices for the purpose of disposition authorized pursuant to subdivision a of this section.
and decided that the tube magazine of your .22 cal lever action rifle meets the test for the definition of "ammunition feeding device" in section 10-301 item 17 (at page 11 of the PDF):
§ 10-301. Control and regulation of the disposition, purchase and possession of firearms, rifles, shotguns and assault weapons.
[SNIP]
17. "Ammunition feeding device." Magazines, belts, feedstrips, drums or clips capable of being attached to or utilized with firearms, rifles, shotguns or assault weapons.
and therefore must be limited to 5 rounds or less.
While we might debate if this was truly the intent of the statute, or if there should be an exemption for .22 cal rimfire, it would appear that they've got so-called "black-letter law" to support their position. They certainly have enforced this provision with respect to pump shotguns in the past, so I don't know what, if anything, you (or anyone) could do. In the end, as sad and defeatist as it may sound, I think the only real options are for you to move out of NYC, or take your objectionable firearms outside of NYC's jurisdiction and keep them there. Forever.
{soapbox mode ON} On the latter points, I doubt that any pro-gun organizations are doing anything to try to stop NYC government from further infringing the rights of citizens with regard to firearms. If there ever was a "lost cause", this is probably it. So few NYC'ers are at all interested in the even application of the Bill of Rights, the second amendment or even the human right to self defense that I believe it will only ever get worse. I haven't given up -- I still try to make the case in the other direction to those who will listen, at every opportunity, but it's tough.
I will say that, in addition to the great stuff from the folks at NYSRPA (
http://www.nysrpa.org/), the excellent materials provided by JPFO (
http://www.jpfo.org/), GOA (
http://www.gunowners.org/), the SAF (
http://www.saf.org/) and others have have been helpful to me in trying to calmly persuade people to examine or re-examine their thoughts around firearms, crime, human behavior and politics. If you have a moment, please do take a look at the JPFO materials, their videos in particular.
As I post this on election night 11/4/08, it occurs to me that gun control continues to be an easy, low-cost way for cynical politicians to play to vast audiences with the claim that they're going to "get tough on crime", "stop the killing", "make the streets safer", whatever. Demonizing the implements gives the human actors a pass for their choices and behavior, thereby avoiding difficult questions about culture and society, but it also has the double-benefit of costing a helluva lot less (in both dollars and political power) than building and operating more prisons. The objecting parties (
i.e., lawful gun owners) represent such a small minority of the vote that the cost of going against us appears negligible.
Hopefully, more of us will wake up and start using our voices, our pens, our wallets, and our ballots to try to stem the tide, before too much is lost. I know I'm going to redouble my efforts.{soapbox mode OFF}
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
What has come to my attention is the newly enforced restrictions being imposed by the R/S Section. They are now wrongfully applying "assault rifle" guidelines to sporting rifles. In particular they have been refusing to register any rifle with a magazine capacity over 5 rounds![[frown]](/xen/styles/default/xenforo/smilies.vb/003.gif "Frown [frown]")
Recently, they refused to register my Win Mod 9422 (22 cal lever action) on those grounds. I was forced to have a licensed gunsmith crimp the tubular magazine so as to allow only 5 rounds to be loaded![[angry]](/xen/styles/default/xenforo/smilies.vb/008.gif "Angry [angry]")
I also had to provide written proof of this by a signed letter from the gunsmith. I think their overzealous interpretation of the law is most likely directed by our beloved Furor Bloomberg, but more importantly, I think it is ILLEGAL!![[grin]](/xen/styles/default/xenforo/smilies.vb/041.gif "Grin [grin]")
