ALL firearm possesion is illegal in ny

[geronimotwo]

i was looking up the definition of a high cap magazine, when i found this interesting tidbit.

here's the quote from ny penal code.

§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He possesses any firearm, electronic dart gun, electronic stun
gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles,
chuka stick, sand bag, sandclub, wrist-brace type slingshot or
slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or
(3) He or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon a building or grounds, used for educational
purposes, of any school, college or university, except the forestry
lands, wherever located, owned and maintained by the State University of
New York college of environmental science and forestry, or upon a school
bus as defined in section one hundred forty-two of the vehicle and
traffic law, without the written authorization of such educational
institution; or
(4) He possesses a rifle or shotgun and has been convicted of a felony
or serious offense; or
(5) He possesses any dangerous or deadly weapon and is not a citizen
of the United States; or
(6) He is a person who has been certified not suitable to possess a
rifle or shotgun, as defined in subdivision sixteen of section 265.00,
and refuses to yield possession of such rifle or shotgun upon the demand
of a police officer. Whenever a person is certified not suitable to
possess a rifle or shotgun, a member of the police department to which
such certification is made, or of the state police, shall forthwith
seize any rifle or shotgun possessed by such person. A rifle or shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to the headquarters of such police department, or state police, and
there retained until the aforesaid certificate has been rescinded by the
director or physician in charge, or other disposition of such rifle or
shotgun has been ordered or authorized by a court of competent
jurisdiction.
(7) He knowingly possesses a bullet containing an explosive substance
designed to detonate upon impact.
(8) He possesses any armor piercing ammunition with intent to use the
same unlawfully against another.
Criminal possession of a weapon in the fourth degree is a class A
misdemeanor.

subsection one does not say

with intent to use the same unlawfully against another

. this seems to state quite clearly that anyone in possession of a firearm is guilty of criminal possession of a weapon in the fourth degree.

ok, line up and start handing them over!

 

[Jorg Nysgerrig]

This is why you can't just look at one section of the law and make a determination.

This is how firearm is defined in that statute:

§ 265.00 Definitions.
As used in this article and in article four hundred, the following
terms shall mean and include:
...
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.
...
​

As you can see, by this defination a firearm is only a handgun or a SBS/SBR. Therefore section 265.01 (1) doesn't apply to other rifles or shotguns.

As far as handguns:

§ 265.20 Exemptions.
a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:
...
3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter; provided, that such a license shall not preclude a
conviction for the offense defined in subdivision three of section
265.01 of this article.
...​

 

[Dead]

ALL firearms are illegal in NJ as well.

 

[geronimotwo]

thanks for the clarification. i'm glad that you caught me in time, as i had all my guns in my car, ready to turn over to the state police.

i knew there must be a logical(?) explanation to this. thanks.

g2

 

[Outlaws]

Gentlemen, firearms are illegal for the most part across the whole country.

A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed.

That clearly says that only militias and the state may be in possession of firearms.

 

[TargetTerror]

I second the motion that you CANNOT look at individual laws out of context. You left out § 265.20 Exemptions:

a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:

3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter; provided, that such a license shall not preclude a
conviction for the offense defined in subdivision three of section
265.01 of this article.

4. Possession of a rifle, shotgun or longbow for use while hunting,
trapping or fishing, by a person, not a citizen of the United States,
carrying a valid license issued pursuant to section 11-0713 of the
environmental conservation law.

5. Possession of a rifle or shotgun by a person who has been convicted
as specified in subdivision four of section 265.01 to whom a certificate
of good conduct has been issued pursuant to section seven hundred
three-b of the correction law.

7. (use at a range)

12. Possession of a pistol or revolver by a person who is a member or
coach of an accredited college or university target pistol team while
transporting the pistol or revolver into or through New York state to
participate in a collegiate, olympic or target pistol shooting
competition under the auspices of or approved by the national rifle
association, provided such pistol or revolver is unloaded and carried in
a locked carrying case and the ammunition therefor is carried in a
separate locked container.

13. Possession of pistols and revolvers by a person who is a
nonresident of this state while attending or traveling to or from, an
organized competitive pistol match or league competition under auspices
of,...

Read the rest here: http://law.onecle.com/new-york/penal/PEN0265.20_265.20.html

So technically, yes, guns are illegal unless you fall under the exemptions. But that is how it works everywhere, so your conclusion is a little misleading.

 

[geronimotwo]

12. Possession of a pistol or revolver by a person who is a member or
coach of an accredited college or university target pistol team while
transporting the pistol or revolver into or through New York state to
participate in a collegiate, olympic or target pistol shooting
competition under the auspices of or approved by the national rifle
association, provided such pistol or revolver is unloaded and carried in
a locked carrying case and the ammunition therefor is carried in a
separate locked container.

i'm not quite sure how to word this, but it always strikes me as "wrong" for the nra to be mentioned as the approving governing body in legislation designed to limit our use of firearms.

 

[Crunker1337]

I think it means that if you're committing a crime and happen to be in possession of a firearm at the time, you also get in trouble for that.

 

[TargetTerror]

I think it means that if you're committing a crime and happen to be in possession of a firearm at the time, you also get in trouble for that.

Which part of the statute are you getting this from??

 

[TexasRifleman]

i'm not quite sure how to word this, but it always strikes me as "wrong" for the nra to be mentioned as the approving governing body in legislation designed to limit our use of firearms.

They are just using nra to define sport shooting. They are not gonna put IPSC and IDPA in there you can bet your

The problem is not that the NRA is mentioned, it's that the statute exists at all.

 

[Blackfork]

Land of Plenty

We certainly aren't suffering from lack of laws about arms in New York or most of the states in the US.

 

[romma]

Well we holidayed up in the Adirondacks for ThanksGiving and let me tell you all: I saw a culture of hunting everywhere, I also saw on several trips out and about people standing on their streetcorners talking to each other with rifles in their hands, people walking into and out of houses with uncased rifles... Some not even dressed in hunting garb.

I would also like to point out that they didn't look like folks about to hand anything over to anyone... It was neat to see!

 

[hnk45acp]

He possesses any firearm

As long as we're taking laws out of context, does this mean if you are femaile you're allowed to posess firearms

 

[Henry Bowman]

Generally, in America, anything is legal (i.e., not illegal) usless it is specifically prohibited by statute or other rule of law. New York solved the messy problem of "loopholes" by simply making possession of any firearm illegal, unless an exception is specifically proscribed.

Not a good sign WRT a basic human right. Like saying all religion or speech is illegal, except...

 

[amper]

ALL firearms are illegal in NJ as well.

You know, I've been combing the NJ statutes, and I can't find any citation that would prove this quote. I've heard the meme elsewhere, but no one has ever provided an actual citation. New Jersey's laws, by and large, cover only the acquisition of firearms (except, of course, for the actually proscribed arms). The FID card here is properly designated a "Firearms Purchaser ID card" for a reason.

 

[mr hanky]

i'm not quite sure how to word this, but it always strikes me as "wrong" for the nra to be mentioned as the approving governing body in legislation designed to limit our use of firearms.

+1 - this also reminds me of how congress turned over all of its power to the federal reserve, a privately owned and operated banking cartel for printing and regulating money for the U.S. - it just seems, no, it is fundamentally wrong it many ways.

 

[SWMAN]

Quote:
12. Possession of a pistol or revolver by a person who is a member or
coach of an accredited college or university target pistol team while
transporting the pistol or revolver into or through New York state to
participate in a collegiate, olympic or target pistol shooting
competition under the auspices of or approved by the national rifle
association, provided such pistol or revolver is unloaded and carried in
a locked carrying case and the ammunition therefor is carried in a
separate locked container.

i'm not quite sure how to word this, but it always strikes me as "wrong" for the nra to be mentioned as the approving governing body in legislation designed to limit our use of firearms.

Maybe the Brady Bunch should be mentioned rather than the NRA?

 

[adkpete]

romma is right
I live in the Adirondacks and the outdoor / gun rights culture is alive and well in NY "State" it is just those damn liberals and media people in the large population centers that screw everthing up for the rest of us

 

[Kentak]

So, is it correct then that you must have a license to possess a pistol or revolver anywhere in the state of NY? I knew this applied to NYC, but I didn't realize it applied to the whole state.

K