NYS Penal Law section 265.00 definitions
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.
NYS ECL 11-093 sub 2:
2. No firearm except a pistol or revolver shall be carried or
possessed in or on a motor vehicle unless it is unloaded in both the
chamber and the magazine, except that a loaded firearm which may be
legally used for taking migratory game birds may be carried or possessed
in a motorboat while being legally used in hunting migratory game birds,
and no person except a law enforcement officer in the performance of his
official duties shall, while in or on a motor vehicle, use a jacklight,
spotlight or other artificial light upon lands inhabited by deer if he
is in possession or is accompanied by a person who is in possession, at
the time of such use, of a longbow, crossbow or a firearm of any kind
except a pistol or revolver, unless such longbow is unstrung or such
firearm is taken down or securely fastened in a case or locked in the
trunk of the vehicle. For purposes of this subdivision, motor vehicle
shall mean every vehicle or other device operated by any power other
than muscle power, and which shall include but not be limited to
automobiles, trucks, motorcycles, tractors, trailers and motorboats,
snowmobiles and snowtravelers, whether operated on or off public
highways. Notwithstanding the provisions of this subdivision, the
department may issue a permit to any person who is non-ambulatory,
except with the use of a mechanized aid, to possess a loaded firearm in
or on a motor vehicle as defined in this section, subject to such
restrictions as the department may deem necessary in the interest of
public safety. Nothing in this section permits the possession of a
pistol or a revolver contrary to the penal law.
Also NYS ECL, they are taking about unloaded chamber and magazines in long guns with non removable fixed magazines, not detachable mags. If you are Police Officer you better read some legal bulletins or get you ignorant ass another job. You are the problem with NY Law Enforcement you don’t understand the law you are enforceing.
Let me teach you something rookie, call the NYS Attorney Generals Office for clarification.
Also do us all a favor and get a job collecting tolls on the Thruway where you can do the least damage to the rest of us.
"If you read NYS Penal law a firearm is a pistol. " - you wrote that. I responded with the actually law. YOU defined a firearm as a pistol. The law goes further. If you can read, you can see that.
Rookie? ya, I geuss, only have 16 years.
ASSuming what YOU think the ECL says & even if you call the Attorney general, the WRITTEN law does not define detachable/fixed magazine. Therefore, a magazine is a magazine to anyone who reads it. That doesn’t mean there isn’t case law or an attorney general or Encon Police ruling on it. What that does mean, is the average cop, is going to go with what is in black & white. If your “ignorant ass” wants to set people up for failure, thats on you & them for listening. I have already described one instance where a cop confiscated (and would have arrested - if the guy wasn’t a vet) a 30 round magazine that he was not legally allowed too.
Thats great that you did 20 years in the city. I started there. I have also worked elsewhere and with a range of people from multiple agencies. Not all cops are gun people and laws get interpreted different ways by different people - right or wrong. If someone wants to listen too you and they get pinched, maybe you can bail them out, pay any fines they recieve & buy them a new gun when they don’t the conficated one back. Not looking to argue with anyone - cop or not. I am telling from experience what cops do - in or out of NYC.
It’s called the right to privacy. It’s none of governments damn business what I keep in my home.
I can’t wait until 2015 when my fiancé and I can move. It’s not just the government here, it’s the general public too. They’re total assholes. They’re pushy, selfish, ignorant, arrogant, elitist, impatient and superficial. Fuck this state.
I’m a lurker so I don’t have enough posts to put this in General Discussion where it might get more views, but anyway I found this on Facebook regarding last night’s legislative atrocity:
"NY LAWYER Filing Challenge to BAN-PETITION SIGNEES NEEDED
Lawyer : Jim Tresmond, Attorney in Buffalo, New York. Attorney phone is 716.202.4301
Successfully represented clients in the past on Second Amendment issues in NYS Supreme Court. This case is pro-bono for all the gun owners of New York.
According to Mr. Tresmond the new ban is illegal as it is an ex-facto law taking away previously owned property and he intends to file this action in Federal Court.
We are looking for as many as possible to add to CLASS ACTION CASE:
SEND Your Name and EMAIL ADDRESS, Address and phone number to:
WE ARE COLLECTING AS MANY AS POSSIBLE AS QUICKLY AS POSSIBLE!!!"
I question whether this is real or not so obviously, you’ll want to do some SERIOUS checking in to both the legitimacy of the claims being made here and the attorney himself…because again, this is off Facebook. But IF it is legit, who knows, perhaps it could be of some use.
Take care NY guys, and now back to my hollow tree…
So glad I left that state when i did. I’d pay money to see my own face the first time I went to a gun store in Va and the clerk let me hold a handgun! Didn’t even know handguns were legal, and I was 22 at the time. Oh we’ll that’s what you get for growing up on Long Island I guess. My dads struggling to make sense of all this (he’s still behind enemy lines), I think he’s more pissed because his wwII Mauser just became an assault weapon. You know with its evil bayonet lug and all.
As a 23 year (so far) cop in Florida, I can tell you that NY has the most fucked up convoluted laws I have ever seen. Reading about all those poor fuckers in that God forsaken state makes me shiver at what’s in store for the rest of us now that the infection has spread. Florida’s laws are a little vauge when it comes to certain things with firearms but NY’s seems to be specifically worded to cause confusion. I feel bad for brother and sister officers who have to work in that enviorment. I also find it funny that while we in Florida honor NY’s concealed carry permits, NYC does not return the favor even for out of state cops…some brotherhood. One of many reasons I’ll never visit there again.
Most cops up to and including Feds wouldn’t know a pre-ban or post ban whatever if you butt stroked them with it which is part of the problem. Speaking from experience, most cops are ignorant when it comes to guns which is where many of the problems come from. I’ve always wanted some rookie to ask to see my rifle to see if it was compliant. if you want to look at the guts of the thing to see how many US made parts are in it or when the mag was made, get a search warrant if you think you can articulate it well enough. Maybe in NY but not in FL.
I’m gonna say first that it’s a fucking travesty what your state legislature has done to you and I hope for the best and that it can all be overturned based on the unconstitutionality of it all.
That said the main reason I am posting this here is partly because even though I’ve been on M4C a while, I’ve done the recommended thing (read more~post less~search often) and therefore haven’t reached that all important post count to post in GD.
I was reading about the situation in the GD section and saw a few references to the FOP being in support of the legislation that was passed. To say this disturbs me would be a gross understatement. Can anyone here LEO or not confirm that and whether it was the state body of the FOP or a local lodge?
Add your name to the suit
Lawyer : Jim Tresmond, Attorney in Buffalo, New York. Attorney phone is 716.202.4301
Successfully represented clients in the past, on Second Amendment issues in NYS Supreme Court. This
case is pro-
bono for all the gun owners of New York. According to Mr. Tresmond, the new ban is illegal as it is
an ex-facto law taking away previously owned property and he intends to file this action in Federal
Court.
We are looking for as many as possible to add to CLASS ACTION CASE:
SEND Your Name and EMAIL ADDRESS and phone number to: psacco1@twcny.rr.com
I felt the same way when I lived in the SF Bay Area. Finally moved to MI and halleluiah! The people here are so much nicer, educated, polite. Should have done it sooner.
My wife has read it twice and she goes to work and they all get into fights over what it means. She has instructed me that we have a year,there not coming to the house, how could they? The DA office in Ontario county has had a long standing order out not to bring any so called high cap mag violations in front of it, I only mention that as a point of reference to the local climate. A lot can happen in a year. I read it but not being versed in Penal law leaves me a little off center compared to her. They are never coming knocking, can you imagine the ramifications this would have? People are not going to give up there guns! Its suicide for LE, I am very scared for her right now to say the least for all of you.
Again, my mother goes way back with DA Tantillo. I’ve never heard of such an order. What’s your source on this? PM me if it’s sensitive or whatever.
(I have had OCSD officers tell me that they couldn’t give less of a shit if I or anyone else has full-cap mags. But I hadn’t heard that was actual policy