More NY double speak.........is that weapon "unloaded"...maybe not???

More NY double speak.........is that weapon "unloaded"...maybe not???

This is a discussion on More NY double speak.........is that weapon "unloaded"...maybe not??? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Good grief, can legislators make anything more complicated: Be fore warned: NEW YORK GUN LAWS - WHEN YOUR UNLOADED GUN IS REALLY LOADED :: New ...

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Thread: More NY double speak.........is that weapon "unloaded"...maybe not???

  1. #1
    Senior Member Array Jmac00's Avatar
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    More NY double speak.........is that weapon "unloaded"...maybe not???

    Good grief, can legislators make anything more complicated:

    Be fore warned:

    NEW YORK GUN LAWS - WHEN YOUR UNLOADED GUN IS REALLY LOADED :: New York Criminal Attorney Blog
    HAPPY NEW YEAR
    INFIDELS


  2. #2
    VIP Member Array miklcolt45's Avatar
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    NEW YORK GUN LAWS - WHEN YOUR UNLOADED GUN IS REALLY LOADED

    Tilem & Campbell is fortunate to have former Firearms Trafficking prosecutor Peter H. Tilem as its Senior Partner able to advise clients on all aspects of New York gun possession. Under New York law, the severity of a Criminal Possession of a Weapon charge dealing with a firearm can hinge on whether the firearm was loaded or not. For example, one may be charged with Criminal Possession of a Weapon (CPW) in the Fourth Degree for simply possessing a firearm [See PL 265.01(1)]. Criminal Possession of a Weapon in the Fourth Degree does not require that the firearm be loaded. Therefore, one is guilty of CPW 4th if they simply possess an unloaded firearm without proper licensing. Criminal Possession of a Weapon in the 4th degree is an “A” misdemeanor that carries up to one year in jail.

    However, if one possess a loaded firearm outside their home or business, the charge is CPW 2nd, a “C” felony which carries a mandatory minimum 3 ½ year to a maximum 15 years in state prison. [See PL 265.03(3); PL 70.02(3)(b)]. Therefore, if you possess an operable firearm outside your home or place of business, the difference between facing an “A” misdemeanor (CPW 4th) which carries up to one year in jail with no mandatory minimum (which means probation is possible) and the “C” felony (CPW 2nd) which carries a mandatory minimum of 3 ½ years in state prison has everything to do with whether the firearm was loaded.

    Here’s the problem. Your unloaded gun might be considered loaded under New York law. Under the Penal Law, a “Loaded firearm” is defined as any firearm actually loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses ammunition for that firearm. [See PL 265.00(15) for the exact definition of “loaded firearm”]. Therefore, the term loaded firearm means not only a truly loaded firearm but also the contemporaneous possession of an unloaded firearm and ammunition for that firearm. Accordingly, under the law of New York State, an unloaded firearm may actually be considered a loaded firearm.
    What does that mean? If you have your gun in one state, and your ammo in another, you 'possess' both and are going to prison? Or, does 'possess' carry the connotation of having it on or about your person (1 in your pocket, the other in your glove box console)?

    TGILGS. (Thank God I Live in the Gunshine State)
    He is no fool who gives what he cannot keep to gain what he cannot lose. - Jim Elliott

    The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.
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  3. #3
    Senior Member Array Jmac00's Avatar
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    Quote Originally Posted by miklcolt45 View Post
    What does that mean? If you have your gun in one state, and your ammo in another, you 'possess' both and are going to prison? Or, does 'possess' carry the connotation of having it on or about your person (1 in your pocket, the other in your glove box console)?

    TGILGS. (Thank God I Live in the Gunshine State)

    That was the point of the thread? This is the kind of stupidity we in NY have to live with on a daily basis
    HAPPY NEW YEAR
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  4. #4
    VIP Member Array ccw9mm's Avatar
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    A "loaded" firearm is to be any firearm that has ammunition also in the control of the person carrying that firearm, even if it's not loaded. Beautimus.

    New York: off the list of places to visit.
    Your best weapon is your brain. Don't leave home without it.
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  5. #5
    Distinguished Member Array kazzaerexys's Avatar
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    That would be a very good example of a "loaded" phrase...
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

    SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.

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    VIP Member Array AllAmerican's Avatar
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    Is NY even part of the US? LOL sorry Jmac!
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    Distinguished Member Array mathewsman's Avatar
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    i am glad that i do not like over there in ny
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    Member Array TravisABQ's Avatar
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    The law means whatever they WANT it to mean, from moment to moment.

    What is it you don't understand?

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    Member Array jbone's Avatar
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    Im pretty sure it means that the ammo has to be close enough for someone to load it immediately. For instance: If I have the gun on me but the ammo is at home its not loaded. But if I have the ammo in the glovebox with the firearm it is "loaded". Isnt that rediculous? Im surprised they dont have a law that says you can be charged with criminal possession of a weapon even if you dont have a weapon.
    Note: This post may contain misspellings, grammatical errors, disorganized sentence structure, or may entirely lack a coherent theme. These elements are natural to the process of writing, and will only add to the overall beauty of the post.

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    Senior Member Array Jmac00's Avatar
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    Quote Originally Posted by AllAmerican View Post
    Is NY even part of the US? LOL sorry Jmac!
    actually New York is part of the US, New York CITY on the other hand, we wish would fall into the ocean and take bloomberg with it
    HAPPY NEW YEAR
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    VIP Member Array HKinNY's Avatar
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    Welcome all to NYC. IMHO Bloomberg is not anti-gun but has a bee in his bonnet for illegal guns or straw purchases.

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    Member Array alelks's Avatar
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    Quote Originally Posted by ccw9mm View Post
    A "loaded" firearm is to be any firearm that has ammunition also in the control of the person carrying that firearm, even if it's not loaded. Beautimus.

    New York: off the list of places to visit.
    HaHa!

    So let me see if I have this straight. If a loaded firearm is not loaded it's really loaded.

    or is it.

    If a loaded firearm is not loaded and you have bullets nearby it's loaded even thought it's unloaded.

    Seems like a lawyer would have a field day with this one.

    Those laws are almost as hard to decipher as credit card agreements.

    Who's on first here?

    AL

  13. #13
    Senior Member Array 2edgesword's Avatar
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    Quote Originally Posted by AllAmerican View Post
    Is NY even part of the US?
    No!

  14. #14
    Senior Member Array 2edgesword's Avatar
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    Quote Originally Posted by HITCH KING View Post
    Welcome all to NYC. IMHO Bloomberg is not anti-gun but has a bee in his bonnet for illegal guns or straw purchases.
    Then why doesn't he allow NYS pistol license holder to carry in NYC?

  15. #15
    Member Array Zippy's Avatar
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    Quote Originally Posted by Jmac00 View Post
    actually New York is part of the US, New York CITY on the other hand, we wish would fall into the ocean and take bloomberg with it
    I have been saying that for years.....If only we could get one big quake to take out NYC and CA all in one swoop we would be set!

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