NY forgot to exempt LEOs from the new law

This is a discussion on NY forgot to exempt LEOs from the new law within the Defensive Carry Guns forums, part of the Defensive Carry Discussions category; Originally Posted by Bark'n It's not a problem folks. All it takes is the stroke of a pen by the Governor and voila ... like ...

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Thread: NY forgot to exempt LEOs from the new law

  1. #76
    VIP Member Array Spirit51's Avatar
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    Quote Originally Posted by Bark'n View Post
    It's not a problem folks.

    All it takes is the stroke of a pen by the Governor and voila... like a magic trick, the cops get all their guns back.

    That's how all the laws are made in a Banana Republic.
    Is the new New York State song, "Hey Mr. Tally man, tally me bananas. Midnight come and me want to leave New York." I am sure Belafonte would sing it for them.....after he and Sean Penn finish morning for Chavez.
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  3. #77
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    Quote Originally Posted by The Haig View Post
    I just talked to my friend who is a police officer in NY. The new New York gun laws have no exemptions for Law Enforcement Officers. Way to go Governor Cuomo!! You just made criminals out of your police force.
    From all the stories we hear, I thought that was already the case.

  4. #78
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    Quote Originally Posted by humblenutto View Post
    Uhhh... LEO's are exempted.

    Article 265 - Penal Law - Firearms and Other Dangerous Weapons

    Click on where it reads Exemptions.
    They added new section #'s that aren't included in the former exclusion.
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  5. #79
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    Quote Originally Posted by ajgranda View Post
    How about us retired LEO that like to qualify under HR218. How the hell can we do a LEO qualification course with 7 rd mags? NYS FOP is looking into that one. What little respect I had for the governor is all gone now!!
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  6. #80
    Senior Member Array zamboni's Avatar
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    Quote Originally Posted by fastk9dad View Post
    That's not true. Any magazine over 10 rounds is illegal and you have 1 year to dispose of it. 10 round mags are grandfathered if you possessed them on or before 1/15 but you can only load 7 rounds into them (unless you are at a range then you can load 10). Only 7 round or less magazines may be sold now.The exemptions have always applied to "whatever", that is because most depts around here have written policies what their officers may or may not carry off-duty. For instance they may be allowed to carry their duty weapon with one reload, or an approved compact pistol (that they have also qualified with) with a full size reload.
    So what you are saying here is. Say my firearm comes standard with a mag that is over 10-rounds. I can not just load it with 7-rounds. If I can not get a 10-round or less mag for it, has it just become a doorstop? But then you can not even buy any mags over 7-rounds anymore, so I can't even get a 10-round mag if they are even available from the manufacture. So if there are no 7-round mags available from the manufacture, then it has now become a fishing weight!

    Simply put:
    If your firearm came with say a 30-round to 11-round mag or say a 15-round mag, under the new law, you can not just simply load 7-rounds into it and comply. You can only have a max of a 10-round mag to do that. So you have to now buy a 10-round mag for your firearm that came standard with a 15-round mag. But wait...under the new law you can no longer buy any mags over 7-rounds. And if there are no 7-round mags made to use in your firearm then you can only use it as an (A = a paper weight / (B = a door stop / or (C = as a fishing weight / OH wait one more choice (D = simply just throw it at your bad-guy attacker; at your discretion?

    If that is the case then they are trying to take firearms away from Law Abiding Citizens. Because you can't get me to believe they didn't think about. And if it didn't come up, then that's even sadder then the law itself. That just goes to show how functional firearm's illiterate these politicians are.

    Now I've heard and read so many different things about how this new law is being interpreted? Some say you can use any capacity mag as long as you only put no more then 7-rounds in it. Some say you can only use a 10-round mag but can only put no more then 7-rounds in it. And then some are saying you can only use a 7-round or less mag.

    I have one more question on how this Whiskey-Tango-Foxtrot law is suppose to work but I taint goin there

    Well the can has been opened and the worms are slithering loose on this one



    Quote Originally Posted by kb2wji View Post
    Let's not hate on the LEO's for this one. We dont like it any more than anyone else. It was the talk of the day all the way down here in TN yesterday. Everyone was on the same page about how insane it is. Two of my NYPD buddies called me also. They too think its a horrendous abuse of law abiding citizens. Unfortunately, there is no reasoning with these people. Their heads are so far in the mud that they actually do think this will curb violent crime. No amount of scary NRA commercials or "reasoning" will change that. It sucks, and its stupid. I have a lot of friends up there who are extremely pissed off. Unfortunately they are also far outnumbered by the tiny sliver of you-know-who's known as NYC.
    No one here should be hating on LEO's. I for one have a high admiration for them. I think what the elected officials of NY have done to their LEO's by not giving them the consideration they deserve and just expedite this haphazardly law through, and the way they included them and not exclude them from this ridiculous mag cap issue, is prudent proof that 99.9999% of those that voted on it, didn't even bother to look at the paper it was written on.

    Just goes to show when the Government officials have blinders on and can only see and are only focused on what their personal agendas are. How that light at the end of their tunnel can become an oncoming train....quite quickly

  7. #81
    Senior Member Array cn262's Avatar
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    So, will the LEOs have the ability to arrest themselves or will they need to arrest each other? I'm sure that will help the crime rate in NY. At least all of the bad guys will be adhering to the laws (heck, it's not like they're criminals or anything) so the net effect should be close to zero. At least that must be the theory according to Gov. Cuomo...

  8. #82
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    Or did they REALLY forget??????

    Maybe Bloomberg has struck a deal with KelTec for new .380 sidearms for NYPD. Ooops, that has a detachable mag, must be an assault weapon. LOL

    Seriously, I actually lament for the LEO's of NY. This has opened a huge can of worms for them.
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  9. #83
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    zamboni - For the sake of clarity, the NY law now is:

    Pre-1994 mags with capacity greater than 10, which were formerly grandfathered as legal, are now illegal to own. NYers must sell them out of state within a year.

    Mags with a capacity of 7-10 that NYers currently own are grandfathered legal, but can only be loaded with 7 rounds.

    Future mag sales are limited to mags with a max of 7 rounds. Problem is, for many guns, no such mags exist - so when yours wear out...

    There is already a move afoot with the NRA and the NY State Rifle and Pistol Association to challenge this nonsense in court. I feel they have a strong chance, given that the legal standard used by the Supreme Court has been weapons "in common use" by civilians. AR rifles and mags with capacities greater than 10 are very much "in common use." So, we shall see.
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  10. #84
    Senior Member Array zamboni's Avatar
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    Quote Originally Posted by 10thmtn View Post
    zamboni - For the sake of clarity, the NY law now is:

    Pre-1994 mags with capacity greater than 10, which were formerly grandfathered as legal, are now illegal to own. NYers must sell them out of state within a year.

    Mags with a capacity of 7-10 that NYers currently own are grandfathered legal, but can only be loaded with 7 rounds.

    Future mag sales are limited to mags with a max of 7 rounds. Problem is, for many guns, no such mags exist - so when yours wear out...

    There is already a move afoot with the NRA and the NY State Rifle and Pistol Association to challenge this nonsense in court. I feel they have a strong chance, given that the legal standard used by the Supreme Court has been weapons "in common use" by civilians. AR rifles and mags with capacities greater than 10 are very much "in common use." So, we shall see.
    Dang...how long will it be before manufactures will even bother to re-tool just to comply with N.Y.'s new ridiculously low mag law. It's more profitable to sell more guns, so the financial burden is on us. Just like the price at the pump.

    How many will be effected that only own a firearm that we rely on to protect our precious children with, that at present only can use mags over 10-rounds.

    And if they do make a 10-round mag, even though we can own one we can not legally buy one. Worst yet, if there isn't any 7-round mags made for our firearm, all of our children will go unprotected

    The average mag capacity is 15-rounds. Interjecting a law that restricts mag capacity below that, is poppycock! And reducing it to 7-rounds is either stupidity at its finest hour or; a direct objective to disarmament!

    So, it is quite clear to see. How and now, that it is all starting to go according to their plan, and disarm all of us Law Abiding Citizens.

    All the politicians keep saying is it is all for the betterment of, and all about our children's preservation of life. But now they are taking away any ability to protect our children, because of their new laws now?

    I guess this NEW N.Y. LAW wasn't REALLY FOR THE BETTERMENT of, about anyone's preservation of life, or to protect our children, as they all keep claiming it was, or is!

  11. #85
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    Quote Originally Posted by ajgranda View Post
    How about us retired LEO that like to qualify under HR218. How the hell can we do a LEO qualification course with 7 rd mags? NYS FOP is looking into that one. What little respect I had for the governor is all gone now!!
    I believe HR218 allows possession of high capacity magazines. HR218 has 3 exclusions, silencers, machine guns and explosive devices. If they intended to exclude high capacity magazines, they would have. A magazine is an essential and integral part of a weapon. I am a retired NYS LEO and I am HR218 qualified. I dare anyone to arrest and prosecute me for a high capacity magazine. I believe I would prevail in any court.

  12. #86
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    All the talk about the police not being exempt is so much doo doo. In NYS the Criminal procedural law, and rules define who is and who is not a police officer, or a peace officer. Sect 265.00 of the Penal law defines what is a weapon, firearm, deadly weapon, dangerous instrument, and what is or not an assault weapon. Section 265.20 exempts police officers, and peace officers from section 265.

    They are exempt by statute.

  13. #87
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    Quote Originally Posted by Secret Spuk View Post
    All the talk about the police not being exempt is so much doo doo. In NYS the Criminal procedural law, and rules define who is and who is not a police officer, or a peace officer. Sect 265.00 of the Penal law defines what is a weapon, firearm, deadly weapon, dangerous instrument, and what is or not an assault weapon. Section 265.20 exempts police officers, and peace officers from section 265.

    They are exempt by statute.
    265.20 doesn't exempt all of 265, only specific named sections and there are 2 new sections included within the SAFE Act that are not currently included in 265.20.
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  14. #88
    Senior Member Array Grant48's Avatar
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    Quote Originally Posted by Secret Spuk View Post
    All the talk about the police not being exempt is so much doo doo. In NYS the Criminal procedural law, and rules define who is and who is not a police officer, or a peace officer. Sect 265.00 of the Penal law defines what is a weapon, firearm, deadly weapon, dangerous instrument, and what is or not an assault weapon. Section 265.20 exempts police officers, and peace officers from section 265.

    They are exempt by statute.
    It's irrelevant as a practical matter, even if the letter of the law did prohibit LEOs from having high-cap mags. I just don't see the NYPD jamming up one another over such a thing.

  15. #89
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    NY forgot to exempt LEOs from the new law

    It is not the whether or not police would arrest other police officers that is at issue.

    What is at issue is that either the state legislature will have to amend the law (thereby raising the issue of why LEOs need greater capacity than LAC... Or, by failing to enforce the law equally, the state is in violation of the constitution. Therefore it is either a PR Problem for the gun grabbers, or grounds for a federal court to overturn the law.

    Either way, it will show the hypocrisy of those who passed this law

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  16. #90
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    Welcome to New York!
    Leave your 10 round clip at the state line and

    Welcome to New York!

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