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Old October 29, 2017, 16:20   #1
tac-40
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How many of you are Felons????

While working at my LGS, I found out that I cannot travel to New York. Apparently, according to their gun laws, I will be committing a felony just by crossing the State line.

S 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:.....

(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.....

(7) Such person possesses an assault weapon; or
(8) Such person possesses a large capacity ammunition feeding device.
For purposes of this subdivision, a large capacity ammunition feeding
device shall not include an ammunition feeding device lawfully possessed
by such person before the effective date of the chapter of the laws of
two thousand thirteen which amended this subdivision, that has a
capacity of, or that can be readily restored or converted to accept more
than seven but less than eleven rounds of ammunition, or that was
manufactured before September thirteenth, nineteen hundred ninety-four,
that has a capacity of, or that can be readily restored or converted to
accept, more than ten rounds of ammunition; or....

Criminal possession of a weapon in the third degree is a class D felony.

S 265.03 Criminal possession of a weapon in the second degree.
A person is guilty of criminal possession of a weapon in the second degree when:.......

(2) such person possesses five or more firearms; or
(
Criminal possession of a weapon in the second degree is a class C felony.

S 265.04 Criminal possession of a dangerous weapon in the first degree.
A person is guilty of criminal possession of a weapon in the first
degree when such person:....

(2) possesses ten or more firearms.

Criminal possession of a weapon in the first degree is a class B felony.


New York felonies are defines as this:

'B' Violent Felony 5-25 years
'B' Non Violent Felony 1-3, Max 25 years
'C' Violent Felony 3 1/2 to 15 years
'C' Non Violent Felony No Jail, Probation, 1-2 years to 15 years
'D' Violent Felony 2-7 years
'D' Non Violent Felony No Jail, Probation, 1-3 to 7 years

Notice how it doesn't possession in the State of New York. It just says possession, period. Just another reason not to visit.
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Old October 29, 2017, 16:33   #2
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Damn. That is some real legalese speak. I have no idea what it's saying. So you can't have 3 or more guns?
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Old October 29, 2017, 16:37   #3
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Possession is not ownership. Regardless, I wouldn’t drive into the state of New York with one firearm in my possession.
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Old October 29, 2017, 17:10   #4
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I've managed to avoid New York for all things except one airline transfer on an international flight 32 years ago.

I think I can go another 32 years.
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Old October 29, 2017, 17:11   #5
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Quote:
Originally Posted by rbgonoles View Post
Possession is not ownership. Regardless, I wouldn’t drive into the state of New York...
FIFY...

Forrest
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Old October 29, 2017, 17:18   #6
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Quote:
Originally Posted by rbgonoles View Post
Possession is not ownership. Regardless, I wouldn’t drive into the state of New York with one firearm in my possession.
You may want to look up the definition in the dictionary

pos·ses·sion
pəˈzeSHən/Submit
noun
1. the state of having, owning, or controlling something.
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Old October 29, 2017, 18:03   #7
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Maybe I don't understand the legalese here, but doesn't felony mean federal offense? If a state makes a law, how does breaking a state law become a federal offense?
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Old October 29, 2017, 18:13   #8
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Maybe I don't understand the legalese here, but doesn't felony mean federal offense? If a state makes a law, how does breaking a state law become a federal offense?
No a felony is a charge that can put you into prison for more than 1 year and fine you 100k+ (?). has nothing to do with state or federal, there are felonies and misdemeanors on both levels.
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Old October 29, 2017, 18:17   #9
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Quote:
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Maybe I don't understand the legalese here, but doesn't felony mean federal offense? If a state makes a law, how does breaking a state law become a federal offense?
There are state felonies.

Do not bring three guns, an “assault weapon” or “high capacity” magazines into New York
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Old October 29, 2017, 18:48   #10
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Originally Posted by SAFN49 View Post
You may want to look up the definition in the dictionary

pos·ses·sion
pəˈzeSHən/Submit
noun
1. the state of having, owning, or controlling something.
Well if I drive into the state of New York and leave my SCAR17 at home I’m not in possession of it, but I still own it.
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Old October 29, 2017, 20:01   #11
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We live with it.

That part about owning more than 3 firearms and more than 10 firearms, has been on the books for 100 years, but has never been enforced, because it is moronic/idiotic and unconstitutional.

I have 16 pistols alone, registered with the State/County and I just recertified those 16 pistols with the State Police...............I am still walking free, but in the communist state we live in.....the knock could come at any time.

Vopos..............

I have registered my Assault weapons too...........that confuses the hell out of them.............WTF to do to arrest legal gunowners?????
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Old October 29, 2017, 20:24   #12
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Originally Posted by rbgonoles View Post
Possession is not ownership. Regardless, I wouldn’t drive into the state of New York with one firearm in my possession.
OR New Jersey. It's even worse there in most respects. You DO NOT want to be stopped by the NJ State Police and have them discover you have a firearm in the car under any circumstances. You may win in the end, but it will be a long, expensive journey !!!
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Old October 29, 2017, 20:24   #13
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Quote:
Originally Posted by V guy View Post
We live with it.

That part about owning more than 3 firearms and more than 10 firearms, has been on the books for 100 years, but has never been enforced, because it is moronic/idiotic and unconstitutional.

I have 16 pistols alone, registered with the State/County and I just recertified those 16 pistols with the State Police...............I am still walking free, but in the communist state we live in.....the knock could come at any time.

Vopos..............

I have registered my Assault weapons too...........that confuses the hell out of them.............WTF to do to arrest legal gunowners?????
I get the heebie jeebies venturing north much of I30.
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Old October 29, 2017, 21:36   #14
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I live close to New York state and try to avoid it if all possible. Totally different vibe once you cross the state line. For big town shopping I drive the extra 10 minutes or so to Williamsport here in PA.

My understanding is the local sheriffs in NY don't focus too much on the firearms stuff, but I would never take a chance.
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Old October 30, 2017, 09:27   #15
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http://nyfirearms.com/forums/laws-po...t-charges.html

In NYS, you cannot even handle a pistol, unless you have a pistol permit. No lending of firearms either to anyone.
If you sell even one cartridge to another person in NYS, without going to an FFL to run an instant check on both parties.............INSTANT FELONY.

So............that is why we have 2.5 million permit holders--- they want to keep their pistols.
We are currently re-certifying our pistol permits with the State Police Bureau, and have to do so every 5 years.

It is not brave to have a pistol without a permit in NYS, it is just plain stupid. They do turn up in estates and then the guilty party is dead and cannot be prosecuted. The law has been on the books for 85 years.

If a person in NYS does not re-certify his pistol permit, they will come and pick up all of your guns, for illegal possession of a pistol without a permit is a felony.........--that makes all of your guns illegal to possess, for you are now a felon in NYS-- for illegal possession of a pistol.
Get it yet?

Plenty of angry people did not register their assault weapons in NYS, maybe up to 2 million people; ( only 23,000 registered 45,000 EBR guns); like the guy in the link above.................... who expoxied in his AR15 mag release button, AND still kept his illegal 30 round mag that was not epoxied in.

He now faces, at worst, life as a 2 felony loser; or at best, a long expensive trial, hoping his lawyer can convince the jury about his intent, the permanency of the epoxy mag button fix, about how a 30 round mag is not really a 30 round mag.

No silencers, no MG's, this is a communist state.

I registered and still own my guns.............I will be moving to Pa., soon enough.

Last edited by V guy; November 01, 2017 at 14:15.
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Old October 30, 2017, 13:58   #16
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I get the heebie jeebies venturing north much of I30.
Shoot, in Oklahoma marksmanship is taught in kindergarten.
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