NY State Firearm Limit? Need Clarification!

NY State Firearm Limit? Need Clarification!

This is a discussion on NY State Firearm Limit? Need Clarification! within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; I was reading the NY State Penal code on FIREARMS AND OTHER DANGEROUS WEAPONS and one section of the code caught my attention: 265.02 ...

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Thread: NY State Firearm Limit? Need Clarification!

  1. #1
    Member Array Jetpilot007's Avatar
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    NY State Firearm Limit? Need Clarification!

    I was reading the NY State Penal code on FIREARMS AND OTHER DANGEROUS WEAPONS and one section of the code caught my attention:

    265.02 Criminal possession of a weapon in the third degree.
    A person is guilty of criminal possession of a weapon in the third
    degree when:
    (1) Such person commits the crime of criminal possession of a weapon
    in the fourth degree as defined in subdivision one, two, three or five
    of section 265.01, and has been previously convicted of any crime; or
    (2) Such person possesses any explosive or incendiary bomb, bombshell,
    firearm silencer, machine-gun or any other firearm or weapon simulating
    a machine-gun and which is adaptable for such use; or
    (3) Such person knowingly possesses a machine-gun, firearm, rifle or
    shotgun which has been defaced for the purpose of concealment or
    prevention of the detection of a crime or misrepresenting the identity
    of such machine-gun, firearm, rifle or shotgun; or
    (5) (i) Such person possesses three or more firearms; or (ii) such
    person possesses a firearm and has been previously convicted of a felony
    or a class A misdemeanor defined in this chapter within the five years
    immediately preceding the commission of the offense and such possession
    did not take place in the person's home or place of business; or
    (6) Such person knowingly possesses any disguised gun; or
    (7) Such person possesses an assault weapon; or
    (8) Such person possesses a large capacity ammunition feeding device.
    Criminal possession of a weapon in the third degree is a class D
    felony.

    Subsection 5 states that possession of 3 or more firearms is a Class D felony. Furthermore Section 265.03 and 265.04 limits firearms to 5 and 10 respectively. I researched the Exceptions section of the penal code and only found that pistol PERMIT holders are exempted. However, I could not find exceptions to other types of firearms such as a shotgun or rifle.

    I dont ever recall a limit on the number of firearms one can own. Does the limit apply to phsycially possessing on his/her person? I must be overlooking something.

    Your help is appreciated.


  2. #2
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    Common sense would say in your physical possession, but then again we are talking NYS. So much for the common sense approach. I'd contact the state AG office for clarification on the subject. After all, it is his opinion that counts on the subject.

  3. #3
    VIP Member Array rottkeeper's Avatar
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    Quote Originally Posted by archer51 View Post
    Common sense would say in your physical possession, but then again we are talking NYS. So much for the common sense approach. I'd contact the state AG office for clarification on the subject. After all, it is his opinion that counts on the subject.
    Yup, in my almost 48 years of living here I have never heard NYS Legislature and common since used in the same discussion let alone the same sentence.
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    Senior Member Array boscobeans's Avatar
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    You have to look earlier in the penal code to see what SUCH PERSON means...

    The numbers of firearms in the following refer to the different types of violations SUCH PERSON would be guilty of.

    If a person is legal to own firearms he is NOT considered to be SUCH PERSON and therefore does not have limits...

    Section 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:


    (6) He is a person who has been certified not suitable to possess a rifle or shotgun, as defined in subdivision sixteen of section 265.00, and refuses to yield possession of such rifle or shotgun upon the demand of a police officer. Whenever a person is certified not suitable to possess a rifle or shotgun, a member of the police department to which such certification is made, or of the state police, shall forthwith seize any rifle or shotgun possessed by such person. A rifle or shotgun seized as herein provided shall not be destroyed, but shall be delivered to the headquarters of such police department, or state police, and there retained until the aforesaid certificate has been rescinded by the director or physician in charge, or other disposition of such rifle or shotgun has been ordered or authorized by a court of competent jurisdiction.



    A person is guilty of criminal possession of a weapon in the third degree when:

    (1) Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or

    (2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or

    (3) Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or

    (4) Such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven, constitute a violation of this section if such possession takes place in such person's home or place of business; or

    (5) (i) Such person possesses three or more firearms; or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person's home or place of business; or

    (6) Such person knowingly possesses any disguised gun; or

    (7) Such person possesses an assault weapon; or

    (8) Such person possesses a large capacity ammunition feeding device.

    Criminal possession of a weapon in the third degree is a class D felony.

    Section 265.03 Criminal possession of a weapon in the second degree

    A person is guilty of criminal possession of a weapon in the second degree when:

    (1) with intent to use the same unlawfully against another, such person:

    (a) possesses a machine-gun; or

    (b) possesses a loaded firearm; or

    (c) possesses a disguised gun; or

    (2) such person possesses five or more firearms.

    Criminal possession of a weapon in the second degree is a class C felony.

    Section 265.04 Criminal possession of a dangerous weapon in the first degree

    A person is guilty of criminal possession of a weapon in the first degree when such person:

    (1) possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or

    (2) possesses ten or more firearms.

    IANAL

    bosco

  5. #5
    Member Array Jetpilot007's Avatar
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    What you are saying is that the definition of "Such Person" defines the meaning of the law. However, I have made an attempt to find further meaning of "Such Person" but no luck. Leave it to the bonehead Leftist legislators.

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    Senior Member Array Jmac00's Avatar
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    265.02 Criminal possession of a weapon in the third degree.
    A person is guilty of criminal possession of a weapon in the third
    degree when:
    (1) Such person commits the crime of criminal possession of a weapon
    in the fourth degree as defined in subdivision one, two, three or five
    of section 265.01, and has been previously convicted of any crime; or
    (2) Such person possesses any explosive or incendiary bomb, bombshell,
    firearm silencer, machine-gun or any other firearm or weapon simulating
    a machine-gun and which is adaptable for such use; or
    (3) Such person knowingly possesses a machine-gun, firearm, rifle or
    shotgun which has been defaced for the purpose of concealment or
    prevention of the detection of a crime or misrepresenting the identity
    of such machine-gun, firearm, rifle or shotgun; or
    (5) (i) Such person possesses three or more firearms; or (ii) such
    person possesses a firearm and has been previously convicted of a felony
    or a class A misdemeanor defined in this chapter within the five years
    immediately preceding the commission of the offense and such possession
    did not take place in the person's home or place of business; or
    (6) Such person knowingly possesses any disguised gun; or
    (7) Such person possesses an assault weapon; or
    (8) Such person possesses a large capacity ammunition feeding device.
    Criminal possession of a weapon in the third degree is a class D
    felony.

    there are "conditions" which prohibit "such person" from owning firearms

    the definition of "such person" is important in these laws.
    HAPPY NEW YEAR
    INFIDELS

  7. #7
    Senior Member Array boscobeans's Avatar
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    Section 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:

    1. Possession of any of the weapons, instruments, appliances or substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05 and 270.05 by the following:



    3. Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter ; provided, that such a license shall not preclude a conviction for the offense defined in subdivision three of section 265.01 of this article.

    There are also exemptions listed for hunting and target shooting and more for collecting etc. for those who are certified to be suitable.

    If you are not suitable (criminal record or other reasons) you cannot own guns.
    If you are suitable you can own the guns and use them legally AND are exempt from those penal code violations.


    bosco

  8. #8
    Senior Member Array 2edgesword's Avatar
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    In simple terms it means a person that has already met the standard for being charged with criminal possession of a weapon in the 4th degree can have the charges elevated to criminal possession of a weapon in the 3rd degree if he possesses among other things three or more firearms. This has nothing to do with the number of firearms you can legally own.
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