Please explain this NY state gun law to me...


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Hkmp5sd
July 10, 2004, 05:53 PM
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) He possesses twenty or more firearms; or (ii) he 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.

Does this mean it is a felony in NY to haul 20+ firearms to the range in one trip?

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Monkeyleg
July 10, 2004, 06:12 PM
I'm not a lawyer, but it looks to me as though the first section (i) says that possession of 20 or more guns is a crime, and the second section (ii) says that possession of a weapon by someone outside his home or business who has a prior conviction is a crime.

I cannot be reading that correctly, since possession of a firearm by a felon is a federal crime.

Maybe the law clerk was drunk the day he wrote that.

Bill St. Clair
July 10, 2004, 10:20 PM
New York's gun laws are confusing until you read the definition of "firearm":

From http://assembly.state.ny.us/leg/?cl=82&a=68:
S 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.
So I think the law you asked about means that you can't have 20 or more handguns. Note that handguns are illegal to possess in New York state unless you have a permit and they are registered. NFA weapons are all completely illegal. "Assault weapons" are defined exactly as in the federal law that sunsets on September 13, except that the New York law does not sunset.

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