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New York Gun Laws FELONY!

Discussion in 'Legal' started by Sharpshooter223, Nov 17, 2008.

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  1. Sharpshooter223

    Sharpshooter223 Member

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    Ok soo me and my friend "J" are from Tx, been around firearms all of our lives and both joined the military at the same time. I went to Ky and he went to NY. Anyways, I'm out now, he was stopped lossed to do a 2nd tour of Iraq which he had no fuss about, went back, and just came back a couple weeks ago. When people get back from a war what do they all want? Guns! His parents brought up 2 of his pistols to show his friends. Well they left and J left the pistols at his friends house OFF of the military post. He had them there for 4 days when some idiot drove by, and fired a shot near the area he had his pistols at. The swat team raided the house and took possession of the pistols threatening the friend with felony charges on discharging a firearm in city limits. They took J in and let him go 5 hours later, come to find out it wasn't either of his pistols that were fired so basically they did an illegal search&seizure, and also made 2 wrongful arrests. But, they are now bringing charges up on J saying that since he doesn't have the permit for the firearms then he will be charged with a felony. Is anyone familiar with the gun laws of NY? I read that for pistols you MUST have a permit but is there like a 10 day grace period to get them registered? He had them there 4 days before they took them. Idk, I think it's pretty pathetic that a man joined the military, was put in a ****hole like NY, became a sgt, did his 2nd stoplossed tour of Iraq without bitching, and then brought a couple pistols up to NY to show his friends the pro's and con's and is being brought up on felony charges, maybe even a dishonorable discharge out of the military. if anyone knows anything hit me up.
     
  2. 45Badger

    45Badger Member

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    He's probably screwed, unless he can get the whole thing tossed on illegal seach.

    DUMB to bring pistols into NYS. There is no 10 day grace period.
     
  3. RP88

    RP88 Member

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    no NY permit in NY = unlawful possession in NY

    since he's in the military and probably has a good record, he can probably get the felonies dropped and just not see the guns ever again.

    But yea, you need to always check the laws of places you are going to and through to keep that kind of stuff from screwing you.
     
  4. crushbup

    crushbup Member

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    A good lawyer will be able to determine if it was an unlawful search and seizure. I will not pass judgment on it because I do not have all the facts and I am not a lawyer. However, if it was an unlawful search, he should be able to get the charges dropped quickly.

    Short version:
    Tell him to talk to a good lawyer.
     
  5. crazy-mp

    crazy-mp Member

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    I don’t know if they still have this law but at one time NY had one on the books that said if you were in possession of more than 4 firearms you could be charged with a felony. NY is close to the east cost version of California. So they probably wanted your friend to have the permit BEFORE getting the gun, or guns, which ever the case may be, also hope your friend did not have any hi-cap mags they will hang him on that.

    ***I am not a lawyer, I cant lie that well:evil:***
     
  6. RPCVYemen

    RPCVYemen Member

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    He needs a lawyer fast.

    I would have expected that the reputation of NY would have been warning enough - but I guess not everyone know the rep.

    Mike
     
  7. Sharpshooter223

    Sharpshooter223 Member

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    Yea I read that like any mag over 5 rounds is considered Hi cap in NY? He had like some 10 and 12 round mags. Prolly screwed, sad sad story of liberal gun control bull****. A good person that has been a law abiding citizen all his life and has a clean military background can go to **** when brought up on felony charges for showing his friends what kind of pistols they should buy.
     
  8. Dougelas

    Dougelas Member

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    That sucks, sure hope he gets out of it. I'd say his best bet is Unlawful Search and Seizure though. Just a guess. Plus he's in the military so that should go a long way in helping, hopefully.
     
  9. Nooblet

    Nooblet Member

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    Wait. I don't get it. Someone fired shots near his house and they just happened to raid his house, which contained firearms?

    I mean, a coincidence or what?
     
  10. JoeSlomo

    JoeSlomo Member

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    So let me get this right...

    If I, a veteran of 3 foreign wars, and currently an active duty military member with not even a speeding ticket, venture into NY state territory with personal property that I legally own in my current residence to shoot an IDPA or USPSA match, I am in the same class as a rapist?


    O.K., just making sure.
     
  11. Speedo66

    Speedo66 Member

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    "was put in a ****hole like NY"

    So every person on this board from NY lives in a "****hole"?

    That's High Road?

    Sorry about your friend, but if he was stationed in NY he knew the laws and chose to break them.

    Was he legal having personnal weapons on the army base?
     
  12. Tom488

    Tom488 Member

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    Yes - unless the match is sanctioned by the NRA (that's actual NY law - see here: http://www.pinecitysportsmen.com/NYSpenallaw.gif)

    Other than that one exception, yes, if you are in possession of a pistol within the state of New York, and you don't have a NYS pistol permit, you're in serious trouble.
     
  13. Rifleman 173

    Rifleman 173 Member

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    Just tell him to go to the JAG for a lawyer. JAG = Judge Advocate General. Most states have legal exclusions for military personnel who are passing through or live in states like New York. The cops probably are not aware of that little issue but a JAG lawyer will know it by heart. Let the JAG lawyer get his guns back for him or else let the JAG file a complaint with the U.S. Attorney's Office to get the guns back.
     
  14. M203Sniper

    M203Sniper member

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    +1

    Go see the JAG immediately. You'll get the best advise there.
     
  15. Tyris

    Tyris member

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    I would say that is a fair assessment. Warrantless search from the local gestapo seem to qualify for *****hole status.

    -T
     
  16. Prince Yamato

    Prince Yamato Member

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    10 rounds. It's a mirror of the old federal AWB. If he possessed post 1994 hicaps, he's looking at a double felony.

    You need a permit to possess a handgun in NYS. A permit to possess is also a permit to carry unless restricted. You have to be two steps from insanity to bring a pistol into NYS without the proper permit. Unless you have a fetish for felonies, keep your unlicensed pistols out of NYS.
     
  17. zminer

    zminer Member

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    I'm not a lawyer, but - as others have stated - in New York State you have to have a New York State pistol license in order to purchase, possess, or carry a handgun/pistol concealed. And, yes, any magazines over 10 rounds are illegal as well, unless they were manufactured prior to the enactment of New York State's assault weapons ban. Check out the gun laws for yourself.

    It appears the only legal protections for military personnel are for people actively engaged in military service, with weapons issued for that purpose:

    * * * * *

    Article S 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:
    ...
    "(d) Persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regulation or order to possess the same."

    * * * * *

    I think you're right that you have a certain number of days after you move to NYS in order to give your handguns to the police for safekeeping, until you can get licensed, but I can't find it right off. That would probably be a hard thing to claim if the guns were at some other location than where the owner was living. Also, that time starts ticking as soon as you move here, and it's a pretty short period of time. I suggest you read these primers, from the Orange County Shooters, and/or call the State Police, or your local sheriff for information:

    http://www.ocshooters.com/Hand/plnys.htm

    http://www.ocshooters.com/Gen/gun-buy-back-program.html

    * * * * *

    So, because I live in a state where a police agency made certain actions (which, I might add, we don't even know the truth of), I am somehow a bad person? So, does that make every citizen of Louisiana the same kind of person because of gun confiscations after Hurricane Katrina? Not High Road, my friend.
     
  18. garymc

    garymc Member

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    Just because NY state's laws factually qualify it as a ****hole, doesn't mean people living there are bad people. And the statement made by the op didn't say they were bad people.
     
  19. Tyris

    Tyris member

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    You may or may not be a bad person, I don't know you well enough to make that call. Living in NY just means you live in a ****hole. That is all.

    -T
     
  20. rhweb32

    rhweb32 Member

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    I lived in NY for a little while. I carried my pistol all the time. Didn't have a single problem what-so-ever. Your friend should own up to his mistake, and take whatever he has coming.
     
  21. Kragax

    Kragax Member

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    It depends on where in NYS you are. My county is gun friendly to the limits of the law. If this happened here his service record would go a long way and he may get away with a kick in the ass. The problem is if convicted of illegally having a handgun, it is a mandatory 1 year prison sentence. The 10 day thing is BS as far as I know. It takes up to six months to get your permit and you can't remove your legally paid for property from the store until you provide the FFL holder with a chit showing its on your permit. All handguns have to be listed on your permit. Long guns they dont care about. When I retire Im moving back to PA (15 miles away). I have a carry permit there as well and a lot less BS. Good luck to your friend. I hope the extend an american hero some slack.
     
  22. Speedo66

    Speedo66 Member

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    Somehow his friend has guns illegally in NY, not his fault.

    Somehow his friend leaves those guns outside his possession, not his fault.

    Somehow his friends friend has a firearms discharge near his house, not his fault.

    Somehow the police may have knowledge about this house and raid it, not his fault.

    But the only reason for all this is because every NYer lives in a "****hole"?
     
  23. batjka

    batjka Member

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    There's no way this should be a felony charge. Possession of a handgun in a place of residence is a misdemeanor. There was a case recently in NYC where 2 handguns were confiscated from a hot dog vendor's house. Someone ratted him out. He was charged with a misdemeanor. He also went to fight the charges citing Heller. Don't know how it ended.

    Now if you're caught CARRYING a handgun in the street, then and only then it's a felony.

    I'm not a lawyer, but your friend definitely should get one. He will clear it all up.
     
  24. Harve Curry

    Harve Curry Member

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    He needs a lawyer fast, he should not be speaking to anyone but his lawyer. JAG, contacting NRA as well. With the current beneficial Supreme Court ruling in Heller v DC maybe some of the NY laws can get turned upside down. It's long overdue.
     
  25. rhoggman

    rhoggman Member

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    I seriously think that since the right to keep and bear arms is protected by the Constitution, the Federal Government, not the States should make the gun laws.

    I just do not think it is right for someone to be able to lose their right to bear arms over something that is perfectly legal in most other States.

    The definition of "Assualt Weapons" is ludicrous. It seems to me that from the top down it is impossible to have a "well armed militia" when the people cannot readily obtain weaponry on par with what is available to the military.

    I'm not sure at all how the Police entered this young man's dwelling, but there seems to be a new trend in Law Enforcement. This trend is not to announce their intention to enter the domicile. Basically they wait until it is dark, and they they just bust down the doors. This policy is actually backfiring because people are shooting "COPS". Of coarse anyone would be scared out of their mind with no "POLICE" declaration, and even then anyone could bust down your doors wearing a POLICE hat, and screaming "Police, get on the floor". IMO sometimes display of potential force is much more powerful than use of force. The former puts people in a mentally inferioir position. In the good old days if they wanted to breech your door they used a megaphone first. No criminal would ever use a megaphone before breaking in to kill you or steal your goods.
     
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