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 N7A1N6O Welcome to New York! No thank you. Won't visit or spend a dime there....

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Thread: NY forgot to exempt LEOs from the new law

  1. #91
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    Quote Originally Posted by N7A1N6O View Post
    Welcome to New York!
    No thank you. Won't visit or spend a dime there.

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  3. #92
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    Quote Originally Posted by TinsleyC View Post
    They should just make murder illegal.

    That should solve it.
    Worked for Cocaine and heroin.
    My rifle and pistol are tools, I am the weapon.

    “Moral indignation is jealousy with a halo.”
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  4. #93
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    Quote Originally Posted by fastk9dad View Post
    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.
    Hey Fast K-9 Thanks for the interest in my post. One would have to understand how NYS law works... They may have voted a bill into law, but you'd notice that at this point it's not enforceable on anyone. Thats because it has not been included into the penal law or the criminal procedural law and rules. In order to charge someone in the state of NY you'd need a specific law, swction, and subdevision to charge. You cant just write on the arrest report "BECAUSE THE GOVERNOR SAYS SO" This law will at some point be incorperated into section 265. of the penal law... at that point it will become enforceable. 265. exempts cplr police officers, and cplr peace officers from all firearms sections of 265. It always has... As a new section, or subdivision is added to the statute, that section or subdivision will be added to the exemptions. NYS law does not provide for confiscation, or unreasonable search to enforce any law. What will happen is when the police take a firearm into custody based on a constitutionally correct arrest there will be an additional charge against the arrested if he/she is found to have violated the law. For example a person who owns a so called assault rifle and engages in a domestic dispute and there is a must arrest situation... The gun would be an added charge. I dont realy see much of this foolishness being used as initial charges.

    This IMO has very little, or nothing to do with the police... it is IMO all about a political agenda of making the populace powerless, and fostering a nanny government.

    This law has yet to pass US constitutional muster, or NYS constitutional muster, I dont believe it to be as much a done deal as some my think. Other than King Bloomberg, and his hand puppet Raymond Kelly the people, police, and judiciary take both constitutions very very seriously.

  5. #94
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    One thing not taken into consideration is the law comes in three flavors.... The letter of the law, the spirit of the law, and the intent of the law. All of this is taken into consideration when translating a bill into statute.

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    What someone does not understand is that Cuomo is the fascist dictator in charge and only he and his father and those he and he alone decides can have firearms will have them and can have whatever they want. Kind of like N. Korea where the previous schmoe and now his son are the only ones that are allowed to do anything while everyone else can go to hell.

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    Quote Originally Posted by Secret Spuk View Post
    Hey Fast K-9 Thanks for the interest in my post. One would have to understand how NYS law works... They may have voted a bill into law, but you'd notice that at this point it's not enforceable on anyone. Thats because it has not been included into the penal law or the criminal procedural law and rules. In order to charge someone in the state of NY you'd need a specific law, swction, and subdevision to charge. You cant just write on the arrest report "BECAUSE THE GOVERNOR SAYS SO" This law will at some point be incorperated into section 265. of the penal law... at that point it will become enforceable. 265. exempts cplr police officers, and cplr peace officers from all firearms sections of 265. It always has... As a new section, or subdivision is added to the statute, that section or subdivision will be added to the exemptions. NYS law does not provide for confiscation, or unreasonable search to enforce any law. What will happen is when the police take a firearm into custody based on a constitutionally correct arrest there will be an additional charge against the arrested if he/she is found to have violated the law. For example a person who owns a so called assault rifle and engages in a domestic dispute and there is a must arrest situation... The gun would be an added charge. I dont realy see much of this foolishness being used as initial charges.

    This IMO has very little, or nothing to do with the police... it is IMO all about a political agenda of making the populace powerless, and fostering a nanny government.

    This law has yet to pass US constitutional muster, or NYS constitutional muster, I dont believe it to be as much a done deal as some my think. Other than King Bloomberg, and his hand puppet Raymond Kelly the people, police, and judiciary take both constitutions very very seriously.

    Being a NY resident and peace officer in charge of enforcing the laws I'm aware of how things work. As of right now all the new statutes are reflected in the PL, some took effect the day of signing (like the changing the definition of "assault weapon" and barring the sale of same within NYS (265.00(22)), some take effect in March, some in April and some 2014. The new statutes in question (265.36 & 235.37) do not take effect until March 16th which gives them plenty of time to approve & amend the exemptions in 265.20 - but those section exemptions were not included as amendments to 265.20 as of the original bill. As the laws sit right now, come March 16th LEOs would be in violation of the law.
    "I got a lot of problems with you people!" - Frank Costanza

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    Quote Originally Posted by Hacker View Post
    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.
    ************************************************** ************************************************** **********************As a Retired NYS LEO, living outside NY(THANK GOD!), is it your understanding that we will be allowed our hi-cap mags in the confines of NYS? There is a good chance I will be doing some work up there with another friend(who retired in August)and was wondering how this shakes out. I want to carry my old duty-gun(G19)NOT only becuase of the capacity,but it's identifiable more as a "cop gun"(if it ever has to come out) than my Colt OM,which satisfies the 7 rd mag restriction. I hope to hear the definiative answer on this soon. THANKS!
    "We deal in lead friend">Steve McQueen The Magnificent Seven
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  9. #98
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    There are simply no words to describe how completely maniacal and over-reaching the passing of this bill is. I mean, did anybody see the picture of Cuomo signing the bill? I mean, the guy just LOOKED like a slick psychopath with a ****-eatin' grin on his face as he was signing it.

    No words, man. Just no words.

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    Quote Originally Posted by old grunt View Post
    ************************************************** ************************************************** **********************As a Retired NYS LEO, living outside NY(THANK GOD!), is it your understanding that we will be allowed our hi-cap mags in the confines of NYS? There is a good chance I will be doing some work up there with another friend(who retired in August)and was wondering how this shakes out. I want to carry my old duty-gun(G19)NOT only becuase of the capacity,but it's identifiable more as a "cop gun"(if it ever has to come out) than my Colt OM,which satisfies the 7 rd mag restriction. I hope to hear the definiative answer on this soon. THANKS!
    And not to hijack, what you just posted is precisely why we need a stronger LEOSA, a stronger FOPA and
    National Reciprocity with some protection thrown in for out of staters who might get caught up in the
    peculiarities of state specific laws; of course what I have proposed will fly as high as a lead balloon, notwithstanding
    both necessity and practicality.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

  11. #100
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    Quote Originally Posted by Hopyard View Post
    And not to hijack, what you just posted is precisely why we need a stronger LEOSA, a stronger FOPA and
    National Reciprocity with some protection thrown in for out of staters who might get caught up in the
    peculiarities of state specific laws; of course what I have proposed will fly as high as a lead balloon, notwithstanding
    both necessity and practicality.
    ************************************************** *********
    I'm waiting to receive my 2013 FOP member packet(been onboard a few years now)and see if they include any guidance on this. My lodge is in NY. If so, I'll pass it on. If NOT I'll make some calls and let everybody know what I'm told.
    "We deal in lead friend">Steve McQueen The Magnificent Seven
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  12. #101
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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.
    I realize I'm late to this thread but why should the police have any more 2nd amendment rights than tax paying, law abiding citizens who pay their salaries and pensions?
    "Do your duty in all things. You cannot do more, you should never wish to do less".
    General Robert E. Lee

  13. #102
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    Quote Originally Posted by Coltman 77 View Post
    I realize I'm late to this thread but why should the police have any more 2nd amendment rights than tax paying, law abiding citizens who pay their salaries and pensions?
    I don't think police should have anymore rights then the average citizen but thats the way it is. I am HR218 qualified and am entitled to nationwide carry. I think there should be a national reciprocity for all pistol licenses. My father, brother and my wife all have pistol licenses in Florida, North Carolina and New York respectively. I don't think I am any better then they are nor do I think I am better then the average citizen. I think all law abiding citizens should have nationwide carry but they don't. I believe we should all work to change that.

  14. #103
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    Quote Originally Posted by old grunt View Post
    ************************************************** ************************************************** **********************As a Retired NYS LEO, living outside NY(THANK GOD!), is it your understanding that we will be allowed our hi-cap mags in the confines of NYS? There is a good chance I will be doing some work up there with another friend(who retired in August)and was wondering how this shakes out. I want to carry my old duty-gun(G19)NOT only becuase of the capacity,but it's identifiable more as a "cop gun"(if it ever has to come out) than my Colt OM,which satisfies the 7 rd mag restriction. I hope to hear the definiative answer on this soon. THANKS!
    I have qualified for HR218 as a retired peace officer in NY for the last 3 years. Each time I had a different instructor and each time I got 3 different interpertations of HR218. The intent of the law was to put more armed and trained people on the street. There are 3 exclusions or exceptions to HR218, silencers, destructive devices (explosives) and machine guns. If they didnt want you to carry hi-cap magazines then they would have said so in the law. I don't care what anyone or any organization says, I will continue to carry hi-cap magazines and I will take my chances with the courts. It is my assertion that hi-cap magazines are with in the intent and spirit of the law.

  15. #104
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    Brave soul. I agree with what you are saying, but I don't think it will work out all that well in
    the real world and the real NY courts.

    Personally, though I'm not in your shoes, were I there I would take a 642 when in NY and let
    someone else become the test case.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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