Justice said guns have been present on state campuses even without the By Samuel Forster. New Yorkers previously could legally own the large-capacity magazines if they were purchased before the SAFE Act was enacted in 2013 or manufactured prior to 1994. The relevant portions of the law went back into effect. Until now, permits or licenses were required only for handguns. Notwithstanding, that the Ninth Circuit Court of Appeals in California has already ruled a similar California ban on 18, 19 and 20 year old young adults is unconstitutional. Seventy years later, New Jersey says the commission has outlived its usefulness and actually hinders development. Short barreled rifles and shotguns (or equivalent terms) are not specifically mentioned in New York penal code. WebNew York has a variety of restrictions and allowances on rifles, pistols and firearms that are compliant or legal to purchase and own. WebRecommended Search Results Recommended Search Results. * NB There are 2 par. A permit holder who is carrying a gun cannot simply ask if that's OK when he arrives at the destination, because if the answer is no he has already broken the law. YouTubes privacy policy is available here and YouTubes terms of service is available here. "Duly authorized instructor" means (a) a duly commissioned officer of the United States army, navy, marine corps or coast guard, or of the national guard of the state of New York; or (b) a duly qualified adult citizen of the United States who has been granted a certificate as an instructor in small arms practice issued by the United States army, navy or marine corps, or by the adjutant general of this state, or by the national rifle association of America, a not-for-profit corporation duly organized under the laws of this state; or (c) by a person duly qualified and designated by the department of environmental conservation under paragraph d of subdivision six of section 11-0713 of the environmental conservation law as its agent in the giving of instruction and the making of certifications of qualification in responsible hunting practices.20. "Gunsmith" means any person, firm, partnership, corporation or company who engages in the business of repairing, altering, assembling, manufacturing, cleaning, polishing, engraving or trueing, or who performs any mechanical operation on, any firearm, large capacity ammunition feeding device or machine-gun.9. New York will require all buyers of semi-automatic rifles to obtain a state license. All rights reserved (About Us). But after implicitly (and correctly) blaming state legislators for the "confusion," the Times identifies a different culprit in the subhead: the Supreme Court's June 23 decision inNew York State Rifle & Pistol Association v. Bruen, which "overturn[ed] century-old New York gun regulations" and "produced scores of new lawsuits," leaving "jurists and citizens" to "sort out what's legal.". The first question the court will explore is whether the states are even entitled to sue. In the meantime, Americans have continued to test the limits of where they can carry their guns. The case is a major new test of the Voting Rights Act in a court that has gradually limitedthe laws reach in other contexts. UnderBruen, gun control laws can pass constitutional muster only if they are "consistent with this Nation's historical tradition of firearm regulation." 3.1.2023 5:35 PM, Joe Lancaster The Former Arizona AG Found No Evidence of 2020 Election Fraud. You can have a carry permit, the state says, but good luck using it. Handgun is any pistol or revolver intended to be aimed and fired with one hand and having a barrel length not exceeding 16 inches. Heres a closer look at the term: Affirmative action. (a) a semiautomatic rifle that has an ability to accept a detachable. Repeat. People are having a hard time understanding what they need to do.. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon. magazine and has at least one of the following characteristics: (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of. But the state appealed and the law was reinstated bythe U.S. Court of Appeals for the Second Circuit. InBruen, the Court held that the right to bear arms guaranteed by the Second Amendment precludes states from requiring that residents "demonstrate a special need for self-protection distinguishable from that of the general community" before they are allowed to carry handguns outside their homes. It is lawful for New York residents to purchase or obtain rifles or shotguns in a contiguous state and to receive and transport said rifles and shotguns into the state, provided the person is otherwise eligible to possess a rifle or shotgun under New York law. New York law regulates gun show sales. Cookie Settings/Do Not Sell My Personal Information. Laws have come under scrutiny in more than 25 states, including Texas, where a federal judge wrote that the Supreme Court had made a felons possession of a firearm presumptively constitutional. A judge in West Virginia found that a state law against carrying guns with altered, obliterated or removed serial numbers was unconstitutional. b's18. "Anticipating more gun-toting,"Times reporter Jonah E. Bromwich says, the legislature "made certain areas off-limits to firearms." Its harder than it sounds. You may use a semi-automatic rifle for hunting game that may be taken with a rifle. Rather, the new law makes it a crime to purchase or obtain a new semiautomatic rifle without having the new type of license. Judges Michael H. Park and William J. Nardini Contact Mark Weiner anytime by: Email | Twitter | Facebook | 571-970-3751. The first challenge came little more than a week after the law was passed, and, after some legal hiccups, led a judge to block significant parts of the law. Health care practitioners who examined an individual within the last six months will be allowed to file a petition for an extreme risk protection order. ALBANY, N.Y. New York's legislature voted Thursday to ban anyone under age 21 from buying or possessing a semi-automatic rifle, a major change to state firearm The case, New York State Pistol and Rifle Association v. Bruen, struck down a number of state regulations related to firearms ownership and where weapons can be carried. Similar legislation has passed in 11 other states. Similar to licenses to carry pistols the new law says that a license to purchase a semiautomatic rifle obtained outside of New York City will not be valid inside of New York City unless a special permit giving validity is obtained from the New York City Police. Related legislation will establish a new state task force to study social media and violent extremism. In Indiana, Judge Robert L. Miller wrote in one opinion issued in a gun case that he had an earnest hope that he had misunderstood the Supreme Court ruling. The plaintiffs argue that New York has defied Bruen by making it very difficult for permit holders to legally carry guns for self-protection. The Red Flag Law provides procedural safeguards to ensure that no firearm is removed without due process while helping to prevent tragedies, The Supreme Courts six conservative justices voted to invalidate the law, which has been in existence since 1911. The law establishes a presumption that guns are not allowed on private property unless the owner has indicated otherwise with "clear and conspicuous signage" or "has otherwise given express consent." "Pilum ballistic knife" means any knife which has a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife.5-b. Suddaby was especially skeptical of the "private property" rule, noting that it covered "not only people's homes but all privately owned property that is not open for business to the public," along with "all privately owned property that is open for business to the public." Regarding that last category, he found "little historical precedent" for New York's anti-gun presumption. A business owner might be happy to serve customers carrying concealed handguns but reluctant to announce that policy with "clear and conspicuous signage" that could alienate other customers. The new licenses appear to be issued by the same licensing officers using the same criteria as license for handguns and is almost certain to back up and slow down the already overwhelmed system for obtaining handgun licenses. New York prohibits private ownership of machine guns and View the ATF's Official eForm 1FINAL RULE 2021R08F Walk-Through Guide Here Matthew Seifer, a Long Island firearms safety instructor, is licensed by New York State to teach his students where they can legally carry their guns. He added it was an insult to the drafters of the Constitution to assume they were so shortsighted as to forbid the people, through their elected representatives, from regulating guns in new ways.. These cookies do not store any personal information. The law which added section 396-EEE to the General Business Law prohibits internet sales of Body Armor by requiring face to face sales. Justice said guns have been present on state campuses even without the new law. Under New York's law, possessing a gun in one of those "sensitive places" is a felony punishable by up to four years in prison. One very interesting feature of the new law is that the new law bans the purchase of Body Vests. WebTo be eligible to have a firearms license you: Must be a New York State resident Must be 21 years old Have no prior felony or serious offense convictions Be of good moral character Have a legally recognized reason for wanting to possess or carry a firearm Be ready to open the business for which the license is being applied Apply Resources to help survivors of domestic violence and their families. The case could have potentially seismic ramificationsfor social media platformsand alter the very structure of the internet. You also have the option to opt-out of these cookies. Body vests are defined as bullet-resistant, threat level I SOFT BODY ARMOR which specifically excludes plate carriers with ballistic plates. Consists of a bow, a string, and either compound or recurve limbs with minimum width of 17 inches (tip of limbs, uncocked), mounted on a stock. 921(a)(16);(ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition;(iii) a semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine; or(iv) a rifle, shotgun or pistol, or a replica or a duplicate thereof, specified in Appendix A to 18 U.S.C. Information to help ensure responsible handling and use of firearms. "Chuka stick" means any device designed primarily as a weapon, consisting of two or more lengths of a rigid material joined together by a thong, rope or chain in such a manner as to allow free movement of a portion of the device while held in the hand and capable of being rotated in such a manner as to inflict serious injury upon a person by striking or choking. New York City Mayor Eric Adams traced the rise in school shootings to the elimination of prayer from public schools during a breakfast event. The law makes it a crime to make a threat with the intent to intimidate a group of people or cause public alarm. But Justice Samuel Alito, joined by Justice Thomas, wrote a statement attached to the decision, encouraging those challenging the law. The mere fact that a weapon is not listed in Appendix A shall not be construed to mean that such weapon is an assault weapon;(v) any weapon validly registered pursuant to subdivision sixteen-a of section 400.00 of this chapter. The law also bans guns on various kinds of public property, including government buildings, public transportation stations and vehicles, libraries, parks, playgrounds, schools, colleges and universities, the sites of street fairs, and "the area commonly known as Times Square.". Resources for school districts, families and communities to ensure safe schools. I feel like its almost a game of Whac-A-Mole., As of Monday, almost all of New Yorks law remains in effect; the Second Circuit allowed an exception for public-safety officials, who can carry guns as they keep order at places of worship, in airports and on private buses. All of Albany (except WMU 4J which is bow only), Allegany, Cattaraugus, Cayuga, Chemung, Chenango, Columbia, Cortland, Delaware, Fulton, Genesee, Greene, Herkimer, Livingston, Madison, Montgomery, Oneida, Ontario, Orange, Orleans, Oswego, Otsego, Rensselaer, Saratoga, Seneca, Schenectady, Schoharie, Schuyler, Steuben, Sullivan, Tioga, Tompkins, Ulster, Washington, Wayne, Wyoming, and Yates counties. Community Rules apply to all content you upload or otherwise submit to this site. New Yorks new law, no longer able to impose that standard, aims to at least keep people from carrying guns in sensitive locations that include Times Square, public transit, sports venues, houses of worship and many others the types of places Mr. Seifer said his students inadvertently carried their weapons. "Serious offense" means (a) any of the following offenses defined in the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven: illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar's instruments; buying or receiving stolen property; unlawful entry of a building; aiding escape from prison; that kind of disorderly conduct defined in subdivisions six and eight of section seven hundred twenty-two of such former penal law; violations of sections four hundred eighty-three, four hundred eighty-three-b, four hundred eighty-four-h and article one hundred six of such former penal law; that kind of criminal sexual act or rape which was designated as a misdemeanor; violation of section seventeen hundred forty-seven-d and seventeen hundred forty-seven-e of such former penal law; any violation of any provision of article thirty-three of the public health law relating to narcotic drugs which was defined as a misdemeanor by section seventeen hundred fifty-one-a of such former penal law, and any violation of any provision of article thirty-three-A of the public health law relating to depressant and stimulant drugs which was defined as a misdemeanor by section seventeen hundred forty-seven-b of such former penal law. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). Several judges have expressed concern about the effects of the Supreme Courts decision. "Disguised gun" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive and is designed and intended to appear to be something other than a gun. WebNew York State Rifle & Pistol Association (NYSRPA) v. Bruen is an influential Supreme Court case in the field of constitutional law regarding the interpretation of the Second Amendment.The holding in Bruen reaffirms the precedent set in District of Columbia v. Heller, and prohibits the use of means-end tests by future courts when evaluating Our members are angry, they are upset, they are literally oppressed by the state infringing on their rights.. | February 23, 2023. 21. New York tightened its ban on high-capacity magazines that hold more than 10 rounds of ammunition by closing two loopholes. by National Gun Trusts May 4, 2017. However, you can still possess firearms in a concealed manner with the state carry license. Furthermore, semi-automatic rifles with a magazine that can be detached are legal if they do not have protruding pistol grips. While the court has repeatedly upheldaffirmative-action programs, a six-justice conservative supermajority may put more than 40 years of precedent at risk. While doing that, the permit holder runs the risk that his actions will be misinterpreted. Smith & Wesson. any judge or justice of a WebState Laws and Published Ordinances New York Current through 2019 released Chapters 1-574. NY Gov. This error occurs when you apply thesame date that your .EFTFile wascreated. Depending on whether bystanders happen to see the gun and how they react, that could invite police attention. * 14. In the upstate cities of Buffalo and Rochester, a license for an air pistol is not needed. New legislation in 2020 authorized the use of rifles for big game hunting in Tompkins County. Must be 20 gauge or larger and fire a single projectile. The judge, Glenn T. Suddaby, found in October that the Supreme Court had made it impermissible for New York to bar guns at health care centers, summer camps or zoos, among other places. WebThe Courts decision in New York State Rifle & Pistol Association v. Bruen removed a key element of New Yorks gun laws, making it easier to obtain a license to carry a firearm He cannot park at the business and leave his gun in the car pending "express consent," because the parking lot of the business is also "private property." Last month, the justices twice declined to interfere with the judicial process in New York after being asked to step in by firearms dealers and a group of New Yorkers backed by Gun Owners of America. Strange turn in New York concealed carry case. The U.S. Supreme Court last year overturned century-old New York regulations, ruling that citizens had a broad right to carry You must possess a NYS Pistol Permit to hunt with a muzzleloading pistol. The company introduced this new folding pistol carbine on And, on balance, Evergreens interests outweighed those of the state, Judge Steven J. Menashi said in the opinion. From the Second Amendment Foundation . These laws are designed to increase public safety and promote responsible, legal gun ownership. But Justice Thomas wrote that carrying guns was a constitutional right and thus people did not need to justify it by demonstrating to government officers some special need.. Voice: (646) 335-9000 -york field division . In response to the Supreme Court decision in NYSRPA v. Bruen, Governor Hochul signed legislation to strengthen New York's gun laws and bolster restrictions on concealed carry weapons. The actions represent one of the biggest overhauls of New Yorks gun laws since the landmark SAFE Act of 2013 enacted some of the strictest laws regulating firearms of any state in the nation. The Unlawful purchase of a body vest by someone not in an authorized profession is a class A misdemeanor for a first offense and a felony on a subsequent offense. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms. The order would temporarily restrict a persons access to guns. And the law requires that all sales of body vests be completed in person. It would be a misdemeanor violation of Article 400 to purchase a semiautomatic rifle without having the license on your person even if you had a license issued to you. "But that right has always been one belonging to theprivate property ownernot to the State.Property owners indeed have the right to exclude. That rule poses obvious challenges for business owners and permit holders. WebNew York State's gun laws are designed to prevent criminals and those who threaten to harm themselves or others from buying or possessing guns, cracks down on illegal Pyramyd Air has this interactive guide that shows airgun laws by state and what types of game animals can be harvested with airguns. Its harder than it sounds. (Unloaded firearms are permitted to be flown as checked baggage if they are in locked containers, but guns cannot be brought through security.). From the Second Amendment Foundation . . A bill that would allow people to carry concealed weapons at public college campuses in West Virginia passed by a landslide in the state's House of Delegates on Tuesday. When the Supreme Court struck down the states old law, declaring that Americans did not need to justify their right to carry firearms, it created a new national standard for whether gun laws are constitutional. In addition to the general rule about guns on private property, New York prohibits gun possession in a long list of privately owned locations where the owner is not allowed to opt out. the SCR is a redesign of the AR platform. Social media networks in New York will now be required to provide a clear and concise policy that explains how they would respond to incidents of hateful conduct on their platform. "Machine-gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun.2. Accessibility | New York City also requires a license to sell or possess a BB gun or other air gun. Generally, you must be outside the city or in a licensed gun range to shoot a BB gun. BB guns are legal in the state of New York without a license or permit, but it is illegal for anyone under the age of 16 to possess a BB gun. Lawmakers said the law is intended to capture firearms that have been modified to be shot from an arm brace, which evades existing definitions of firearms and rifles under New Yorks penal laws. . Barrel length is 16 inches. In June 2022, the U.S. Supreme Court struck down most of New York's restrictions on carrying handguns in public in New York State Rifle and Pistol Association v. Bruen. To buy a long gun in New York City, you must: Be 21 or older; Prove your residence in the city; Be a legal US resident; and. 20 where rifles are also legal), Dutchess, Erie (except WMU 9C which is closed to big game hunting), Monroe (except WMU 8C which is bow only), Niagara, Onondaga, Putnam, and Rockland counties. It is NOT intended as legal advice and should never be considered as such. time in the city of New York, and in the counties of Nassau and Suffolk, by the licensing officer, and elsewhere than in the city of New York by. Except shotguns and muzzleloaders may be used during the Special January Firearms Season in Suffolk County. Stun Gun Punishments. Please contact Tilem & Associates, PC for additional information. Guidance and regulations related to the sale and transfer of firearms. Gun control deal includes licenses for semiautomatic rifles in New York. Smith & Wesson. It is impossible to assess that claim without recognizing the vast territory covered by what the Times describes as "certain areas" that are "off-limits to firearms.". Under the law, New York State Police will be required to conduct inspections of gun dealers every three years. A bill that would allow people to carry concealed weapons at public college campuses in West Virginia passed by a landslide in the state's House of Delegates on Tuesday. * NB There are 2 sb 14's* 14. Jacob Sullum Matthew Seifer, a Long Island firearms safety instructor, is licensed by New York State to teach his students where they can legally carry their guns. New Yorkers are not the only ones who are confused. New York State Rifle & Pistol Association, Inc. v. City of New York at 52. 23. Microstamping allows police to link bullets and casings recovered at crime scenes to a specific gun or other crimes. Gun rights organizations say that their members are confused and frustrated. Mr. Seifer has been compelled to change his curriculum each time and some of those whom he has taught have brought guns to locations where they are barred, accidentally violating a law that refuses to stay in one place. New Yorks old law, which required those seeking permits to carry guns in public to show that they had a heightened need to defend themselves, stood for more than 100 years. In a 6-3 ruling in the New York State Rifle & Pistol Association Inc. v. Bruen, the court said New Yorkers didnt have to show proper cause in Its harder than it sounds. This new law becomes effective 30 days after it was signed on June 6, 2022. Thats because existing state law requires New Yorkers to be 21 or older to obtain a firearm license. In June 2022, following a racially motivated mass shooting in Buffalo and in July 2022, in response to the Supreme Court decision inNYSPRA v. Bruen, the Governor worked with the legislature to strengthen New York's nation-leading gun laws. The State Legislature, anticipating more gun-toting, then made certain areas off-limits to firearms, but that new law has already been challenged in court at least 10 times. U.S. District Judge John L. Sinatra Jr. reached similar conclusions about the ban on guns in houses of worship and the "private property" rule. But there is no deadline for the appellate court to make a final decision, which means that when the law celebrates its first birthday in July, New Yorkers still may not know what rules are in place. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We accept Bitcoin. The SCR is legal in all 50 states, giving those subjected to recently passed state-level legislation the ability to buy and own an AR-style rifle. The law will take effect in July 2024. In his June opinion, Justice Clarence Thomas wrote that law-abiding citizens have the right to carry handguns publicly for their self-defense. He allowed for the possibility of restrictions on that right, but said that any rules would have to be justified with analogies to regulations that were in place in early American history. Jacob Sullum is a senior editor at Reason. The licensing unit issues permits based on discretion, but you must first meet the New York pistol license law requirements. Gun rights organizations say that their members are confused and frustrated. In Indiana, Judge Robert L. Miller wrote in one opinion issued in a gun case that he had an earnest hope that he had misunderstood the Supreme Court ruling. "Switchblade knife" means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.5. 20 and all of Broome County except the city of Binghamton. Mr. Seifer has been compelled to change his curriculum each time and some of those whom he has taught have brought guns to locations where they are barred, accidentally violating a law that refuses to stay in one place. Ruling. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. The state appealed Judge Sinatras ruling, too. He suggested that the Second Circuit move quickly to consider the challenges. "Armor piercing ammunition" means any ammunition capable of being used in pistols or revolvers containing a projectile or projectile core, or a projectile or projectile core for use in such ammunition, that is constructed entirely (excluding the presence of traces of other substances) from one or a combination of any of the following: tungsten alloys, steel, iron, brass, bronze, beryllium copper, or uranium.19. And then there is the Supreme Court. Seventy years later, New Jersey says the commission has outlived its usefulness and actually hinders development. No mags over 10 rounds (Long guns & Pistols) Massachusetts. WebVERMONT STATE RESTRICTIONS. Among the crimes punishable under the law would be any threat that causes a school, business or other place of assembly to be locked down or evacuated. NEWARK, New Jersey -- A man who federal agents say tried to board a plane in New Jersey with three guns, including a semi-automatic rifle, and a fake law & Associates, PC for additional information barrel length not exceeding 16.. And actually hinders development variety of restrictions and allowances on rifles, pistols and that... Repeatedly upheldaffirmative-action programs, a license to sell or possess a BB gun or other crimes responsible! Youtubes privacy policy is available here and youtubes terms of service is here... Are designed to increase public safety and promote responsible, legal gun ownership Act in a manner! Licenses for semiautomatic rifles in new York tightened its ban on high-capacity magazines hold... May receive compensation made certain areas off-limits to firearms. allowances on rifles, pistols and that! E. Bromwich says, but good luck using it possess a BB gun & pistol Association, Inc. v. of... 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Site, we may receive compensation property ownernot to the State.Property owners have... Or larger and fire a single projectile ban on high-capacity magazines that hold more than 10 rounds of ammunition closing! 6, 2022 Nardini Contact Mark Weiner anytime by: Email | Twitter | Facebook | 571-970-3751 of Body.... Licensed gun range to shoot a BB gun or other crimes police attention outside the City in. A closer look at the term: Affirmative action and fired with one hand and having a barrel length exceeding... Pistol license law requirements carry permit, the new law bans the purchase of Body vests authorized use! From public schools during a breakfast event to obtain a state law against carrying guns with,... Pistol license law requirements a statement attached to the sale and transfer of firearms ''! State police will be misinterpreted public alarm conservative supermajority may put more than rounds! 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Judges have expressed concern about the effects of the Supreme Courts decision legislation in 2020 authorized the use firearms... Specifically excludes plate carriers with ballistic plates Chapters 1-574 law makes it crime! Present on state campuses even without the new law aimed and fired with one hand having! The sale and transfer of firearms. semiautomatic rifle without having the new law bans the purchase Body... The permit holder runs the risk that his actions will be required to conduct inspections of gun dealers every years. Gun rights organizations say that their members are confused and frustrated more than 40 years of precedent at risk NB. Certain areas off-limits what rifles are legal in new york state firearms. three years has defied Bruen by making very! One belonging to theprivate property ownernot to the General Business law prohibits internet of! The internet usefulness and actually hinders development guidance and regulations related to the State.Property indeed. 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Of firearms. whether the states are even entitled to sue, Joe the... Variety of restrictions and allowances on rifles, pistols and firearms that are compliant or legal to or! More gun-toting, '' Times reporter Jonah E. Bromwich says, but you must be 20 gauge or larger fire... J. Nardini Contact Mark Weiner anytime by: Email | Twitter | Facebook | 571-970-3751 otherwise submit this...

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