I haven't kept up with this thread, so sorry if this is redundant, but the new proposed NYS AWB mandates that mags will not be grandfathered AFAIK, correct?Quote:
Originally Posted by Hehuhates
I haven't kept up with this thread, so sorry if this is redundant, but the new proposed NYS AWB mandates that mags will not be grandfathered AFAIK, correct?Quote:
Originally Posted by Hehuhates
I here what your saying, it's kind of funny. Try and remember you most likely know more about gun laws than the average LE you meet at the range or in a traffic stop. That's why its so important to be responsible, it's easy for the uneducated officer to get caught up in all this hype of "assault rifles"and they cannot take your word for it. Most police officers are not "gun guys/girls" therefor it helps to keep a copy in your range bad so if you have an issue it can be used as a training situation. Most LE in New York are not even aware there is a mag restriction or that they are exempt from it. Some simply refuse to be a hypocrite.Quote:
Originally Posted by Hehuhates
I am the guy most people ask, I get calls from my wife, or bud's at work all the time. They just need clarification on stuff (god bless the camera phone). The DA office in Ontario county has instructed the local police department not to bring any cases before it pertaining to magazine restrictions.
no kidding, I had no idea you could keep your mags loaded in say your trunk when driving to the range in NY.Quote:
Originally Posted by sjc3081
Don;t you guys have the Code of NY online? I thought all localities and States had their code online. Why not just look up the actual code and post it. It's usually very specific.
This was all based off of the actual code, which I have read and re-read multiple times. Thus the reason for posting this. I had never heard such a random interpretation of the law so I figured I would go to the source of some of the most knowledgable people out there about this issue.
Everything stated here is how the law reads and how I always interpreted it.
You can keep them on your front seat, with your unloaded Underfolder,uncased, beside them.Quote:
Originally Posted by francis
I live in Ontario County. In fact, my mother knows DA Tantillo well. Where did you hear this?Quote:
Originally Posted by ICANHITHIMMAN
I am a Police Officer in NY. Where a lot of this confusion comes from, is the fact that the pre-ban exemption, is written in the definitions section of section 265.00 of the NYS Penal, specifically - 265.00 22(v) for the firearms themselves & 265.00 23 for magazines. This is listed before the actual section outlining the crime. So, if you think it's an illegal gun/mag & dont read the definition, a bad arrest/seizure can happen. Also other exemptions for example - military personel, is listed after the section outlining the crime. I saw a cop take a US Army issued 30 round magazine from a reservist - in lieu of arresting him. When I heard about it an asked him why? He said "you cant have that!" Really? When was it manufactured? - he just looked at me & I had too explain the pre-ban exemption. I also stated that he illegally seized it either way - it was US Army issue - we know because they soldier said it was, showed ID & said it was his "favorite magazine" in Iraq.
As far as a loaded long gun in the car - that is a misdemeanor in the NYS enviromental conservation law (they don't want you shooting deer or whatever, from your car) I don't have that law in front of me, but I don't believe seperating your loaded magazine to a different place in the car is an exemption. Like the charge of criminal possesion of a weapon in regards to a pistol. Unloaded pistol (no permit, etc), no ammo on your person - misdemeanor. Loaded pistol OR unloaded pistol (again no permit, etc) in your holster, loaded magazine in your pocket - Felony. The ammo with an unloaded illegally possesed pistol, is considered "constructively loaded" - in other words, you can load the magazine right in to the pistol, chamber and fire it. Does that apply to the enviromental conservation law? I think so, but I am not sure. Check with a lawyer or load your mags at the range.
My suggestion - get a copy of the NYS Penal law (looseleaf law dot com) find and highlight the exemptions & carry them with you for your trips to the range. Thats what I did for my nephew. There are cops out there that don't know/care. Safer to have the law with you & prevent a headache.
If you read NYS Penal law a firearm is a pistol. Shotguns and rifles are defined separately. The loaded mag and a unloaded pistol are constructive possession of a loaded firearm, but this does not apply to rifles and shotguns.
Yup, technically your right. Federal law however defines a firearm quite differently Federally a firearm is anything that fires a projectile. From a drinking straw, if it has in fact fired a spitball , up to a cannon which are still legal to own and fire.Quote:
Originally Posted by sjc3081
or Article 265 NYS penal law can be searched: under definitions it says:
3. "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. For the purpose of this subdivision the length of the
barrel on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to
the center line of the bore. Firearm does not include an antique
firearm.