quote:

Originally posted by tacfoley:

quote:

Originally posted by CD228:

quote:

Originally posted by Skins2881:
You need a permit just to own a gun in rural NY?

Yes, in the state of NY you need a Handgun license to posses a handgun (there are some exceptions). Additionally, each hand gun you own must be on the license including make, model, serial number and caliber. You aren't supposed to have a handgun that is not on your license. NYS PENAL CODE sections 400.00 (License) and section 165 (Definitions and possession).

Another lovely thing about NY is that different areas can have different sets of rules as well. For example, NYC doesn't recognize Licenses issued outside NYC.

Sounds waaaaaaaaaaaaaaaaay too much like the UK to me.

What's funny is that I can actually buy things in Germany (where I am currently stationed) That I cannot buy in NY, like an AR. But, you are correct in that the NY and European gun Control laws have many similarities.

Glad to be from that area of the country but left it long ago.
Hopefully this poor guy will be dealing with someone more reasonable once any legal proceedings start.
Still, better to live through an encounter than have us talking about him as the victim.

NY has required a license to own a handgun since 1911, so we've had these laws longer than many of those countries.

quote:

Originally posted by bubbatime:
Put me on the jury. IN fact, depending on what part of upper New York he lives, put ANYONE on the jury. He will be fine.

He's 4 hours north of NYC so there's a great chance that his peers aren't fans of the all the bullshit gun laws. I doubt it will get to a jury though. He may take a plea to avoid the expense of a trial. If he's eligible for a public defender, he or she will be of no help. They'll convince him to take a plea.

quote:

Originally posted by cas:
NY has required a license to own a handgun since 1911, so we've had these laws longer than many of those countries.

...including the United Kingdom.

Ok, the SAFE Act is poorly written and in some sections contradicts itself. What this guy was probably charged with is:

S 265.01-b Criminal possession of a firearm.
A person is guilty of criminal possession of a firearm when he or she:
(1) possesses any firearm or; (2) lawfully possesses a firearm prior to
the effective date of the chapter of the laws of two thousand thirteen
which added this section subject to the registration requirements of
subdivision sixteen-a of section 400.00 of this chapter and knowingly
fails to register such firearm pursuant to such subdivision.
Criminal possession of a firearm is a class E felony

What he should have been charged with is:


S 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 or she possesses any firearm
Criminal possession of a weapon in the fourth degree is a class A misdemeanor

The first section of the law makes it a felony because you knew you were supposed to register the gun. The second sections makes it a misdemeanor if you didn’t know you had to register the gun. Clear as mud now?

A good attorney could probably get this reduced to the lesser charge because NYS is very very hesitant to push SAFE Act prosecution on otherwise lawful citizens. They realize the law is poorly written and ripe for an appeal.

Next they’ll make us register for free speech permits.

Might as well go live in the UK where it is illegal to defend yourself.

Another issue that any person who claims self-defense in NY faces is the duty to flee. If you, as the victim, can reasonably remove yourself from harm, you must do so rather than engage your attacker(s). So, even if the person legally possessed a firearm, the prosecutor could claim that the person unlawfully used the weapon because he could have fled from immediate danger. The burden is then on the original victim to prove that he/she could not flee.

quote:

Originally posted by CD228:

quote:

Originally posted by Skins2881:
You need a permit just to own a gun in rural NY?

Yes, in the state of NY you need a Handgun license to posses a handgun (there are some exceptions). Additionally, each hand gun you own must be on the license including make, model, serial number and caliber. You aren't supposed to have a handgun that is not on your license. NYS PENAL CODE sections 400.00 (License) and section 165 (Definitions and possession).

Here in lies another opportunity for a otherwise law abiding person to get hung up in the NY laws. Caliber changes. You must register each caliber. So, if you bought & registered a P226 in 40 and later bought a 357 Sig & 9mm barrel and a 22 conversion kit you must register that handgun in all three calibers as separate lines on your license.

Imagine if you owned multiple P226, each one would have to be listed in multiple calibers. Now do that for your P239, P229, etc....

Where the law is unclear to me is revolvers where it can chamber and fire multiple ammo loadings that are all the same caliber with no physical change to the firearm. For example, I can easily see a prosecutor going after a gunowner for running 38 Special in a gun marked 357 Magnum. A S&W 460 VXR could be a real nightmare, as it can chamber at least 4 different loadings, yet is only stamped 460 S&W Magnum.

quote:

Originally posted by burnetma:
Another issue that any person who claims self-defense in NY faces is the duty to flee. If you, as the victim, can reasonably remove yourself from harm, you must do so rather than engage your attacker(s). So, even if the person legally possessed a firearm, the prosecutor could claim that the person unlawfully used the weapon because he could have fled from immediate danger. The burden is then on the original victim to prove that he/she could not flee.

That BS won't fly in Florida, but with 65,000 New Yorkers a year moving to Florida, I worry about them bring their stupid ideas with them.

quote:

Originally posted by HayesGreener:

quote:

Originally posted by burnetma:
Another issue that any person who claims self-defense in NY faces is the duty to flee. If you, as the victim, can reasonably remove yourself from harm, you must do so rather than engage your attacker(s). So, even if the person legally possessed a firearm, the prosecutor could claim that the person unlawfully used the weapon because he could have fled from immediate danger. The burden is then on the original victim to prove that he/she could not flee.

That BS won't fly in Florida, but with 65,000 New Yorkers a year moving to Florida, I worry about them bring their stupid ideas with them.

How many of those 65,000 are anti-gun?

As I tell Texans, your state run education system is turning out an order of magnitude more anti-gun voters and activists every year than are moving in from other states. How many precious Floridian children walked out of schools in protests for stronger "gun control". We are losing the demographics war. We are the minority. Eventually, every state will face the same battles to protect or reclaim our Constitutional Rights. All it takes is 50.1% to lose it all. Much easier to protect liberty than try to reclaim it.

As a former NY Resident living in Texas, I stand on my soapbox and preach that change is coming and give fair warning, only to have "native Texans" pound their chest and say: "This is Texas and it cannot happen here."

DAMN IT SON! It is happening, like creeping death in every metropolitan area in every state. "Educators" and the media are turning the next generation into little collectivist and removing the 2A is critical to their agenda. So, place blame on the transplants and ignore the other threats. Not a winning strategy.

^^^^ This is true. As I recently learned, during the last Senate race in Texas between Cruz and O'Rourke, a great majority of the transplants from California actually voted for Cruz. The problem in Texas was not those moving into the State from blue states. The problem were young native Texans being indoctrinated at a young age and voting democrat.

quote:

Originally posted by Balzé Halzé:
^^^^ This is true. As I recently learned, during the last Senate race in Texas between Cruz and O'Rourke, a great majority of the transplants from California actually voted for Cruz. The problem in Texas was not those moving into the State from blue states. The problem were young native Texans being indoctrinated at a young age and voting democrat.

I sure hope that’s not true, but common sense seems to have left the building with Elvis.

quote:

Originally posted by CD228:
Additionally, each hand gun you own must be on the license including make, model, serial number and caliber.

Well shit, I'd need a wallet full for my Glock 22 and Desert Eagle just off of the number of calibers they work with.

quote:

Originally posted by Sportshooter:

quote:

Originally posted by Balzé Halzé:
^^^^ This is true. As I recently learned, during the last Senate race in Texas between Cruz and O'Rourke, a great majority of the transplants from California actually voted for Cruz. The problem in Texas was not those moving into the State from blue states. The problem were young native Texans being indoctrinated at a young age and voting democrat.

I sure hope that’s not true, but common sense seems to have left the building with Elvis.

Native Texans voted for native Texan Beto O'Rourke, transplants went for Ted Cruz, exit poll shows

quote:

Originally posted by smschulz:
Might as well go live in the UK where it is illegal to defend yourself.

Simply untrue.

Read some of my 9000+ posts and then post it again.

I dunno' guys.

As silly as the laws are in some areas, I think you should comply with them at every opportunity. A person should vote for the laws they want at the ballot box. They shouldn't circumvent them at home.

Getting hung up on some silly law will only provide ammunition against our community from the anti's.

Keeping your unregistered handgun in a non-2A friendly state is a recipe for disaster. Especially when a solution is readily available.

Sadly, the way the country seems to be headed is not favorable for us. I fear these silly laws will only increase.

H&K-Guy

So, just to clarify, when Virginia passes a law next year thst has no grandfather clause and is so draconian that pretty much only revolvers and shotguns can be owned, you’re saying people with half a million dollars worth of guns should just turn them in?

quote:

Originally posted by H&K-Guy:
I dunno' guys.

As silly as the laws are in some areas, I think you should comply with them at every opportunity. A person should vote for the laws they want at the ballot box. They shouldn't circumvent them at home.

Getting hung up on some silly law will only provide ammunition against our community from the anti's.

Keeping your unregistered handgun in a non-2A friendly state is a recipe for disaster. Especially when a solution is readily available.

Sadly, the way the country seems to be headed is not favorable for us. I fear these silly laws will only increase.

H&K-Guy

quote:

Originally posted by Kevbo:
So, just to clarify, when Virginia passes a law next year thst has no grandfather clause and is so draconian that pretty much only revolvers and shotguns can be owned, you’re saying people with half a million dollars worth of guns should just turn them in?

quote:

Originally posted by H&K-Guy:
I dunno' guys.

As silly as the laws are in some areas, I think you should comply with them at every opportunity. A person should vote for the laws they want at the ballot box. They shouldn't circumvent them at home.

Getting hung up on some silly law will only provide ammunition against our community from the anti's.

Keeping your unregistered handgun in a non-2A friendly state is a recipe for disaster. Especially when a solution is readily available.

Sadly, the way the country seems to be headed is not favorable for us. I fear these silly laws will only increase.

H&K-Guy

Kev,

I don't have a solution to this problem. In other countries where large scale registration, confiscation and destruction of firearms have occurred, the populace largely complied.

It's hard to see it coming when it is done over years in a matter of degrees.

I wish I had an answer for you. I don't.

H&K-Guy