Cavalry
.308 Win
If one has a NY pistol permit but is in possession of pistol not on their permit what law is broken? I glanced though 400.00 but did not see it?
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Posessing a pistol not on your permit?
- Thread starter Cavalry
- Start date
Mr. terzmo
.308 Win
Bad news if discovered by the NY State enforcer's Almost as bad as no permit and in possession
timboy
.44 mag
Celt
.450/400 Nitro Ex
Are you saying you got the coupon, but they didnt update your permit yet to include a new purchase?
Cavalry
.308 Win
No, Say I borrow in a friends vehicle and didnt know about their otherwise legally owned pistol in the center console.
Celt
.450/400 Nitro Ex
Ah, then you would be in possession of it, and thats not allowes by our masters.
That is correct.
What has been found out is that people with cc permits will go buy a new weapon when they decide to commit a crime, rather than use one in their possession.
By having the convoluted possession laws you will be too tired from going to the dealer, the sheriff, the dealer, then go commit a crime. It has been proven to work as very few cc permit people commit crimes.
What has been found out is that people with cc permits will go buy a new weapon when they decide to commit a crime, rather than use one in their possession.
By having the convoluted possession laws you will be too tired from going to the dealer, the sheriff, the dealer, then go commit a crime. It has been proven to work as very few cc permit people commit crimes.
If it just happened to be in the console of your friends car and registered to him you wouldn't likely have any problems. The penal law (265) discusses this somewhat saying the implied possession law would not apply in that case or a similar case to that. I've posted it here before. Not going to try to find it again. It's near the end of PL 265.
libertysnake
.338 Win Mag
Probably the smart thing to do is to park the vehicle next chance you get, and let your friend know about it immediately. Need to make it clear that you need him to get the car at some point, or find a way to legally get the car back to him asap.
That way if it becomes an issue, you can say you told him about it as soon as it came to your attention, and gives you grounds to argue you didn't have any intent to posses it -- should it even come to that.
Basically, now that you're aware, you need to do the right thing to establish your lack of intent to posses it.
That way if it becomes an issue, you can say you told him about it as soon as it came to your attention, and gives you grounds to argue you didn't have any intent to posses it -- should it even come to that.
Basically, now that you're aware, you need to do the right thing to establish your lack of intent to posses it.
@thewheels
.308 Win
Is "I got it from Eric Holder" an affirmative defense?
It was easier to find than I thought.
Presumptions of possession...
...The presence in an automobile, other than a stolen one or a public
omnibus, of any firearm..
...is presumptive evidence of its possession by all persons
occupying such automobile at the time such weapon is found, except under the following circumstances...
...if the weapon so found is a pistol or revolver and one of the occupants,
not present under duress, has in his or her possession a valid license
to have and carry concealed the same...
That might give you something to work with. It's not very clear how the occupant can also not be present under duress but that's NYS.
Your friend should not be leaving their firearm in their car anyway...
Presumptions of possession...
...The presence in an automobile, other than a stolen one or a public
omnibus, of any firearm..
...is presumptive evidence of its possession by all persons
occupying such automobile at the time such weapon is found, except under the following circumstances...
...if the weapon so found is a pistol or revolver and one of the occupants,
not present under duress, has in his or her possession a valid license
to have and carry concealed the same...
That might give you something to work with. It's not very clear how the occupant can also not be present under duress but that's NYS.
Your friend should not be leaving their firearm in their car anyway...
libertysnake
.338 Win Mag
Which is why the safest thing to do is not drive the car right now, from a legal standpoint. And definitely don't touch the firearm.
Without occupying the vehicle any longer, then it should be a matter of his friend getting the car. Stay out of the car, stay out of possible trouble.
@thewheels
.308 Win
Typcial NY. Clear as mud.
thegatman
.308 Win
If you have a black powder pistol like a Ruger Old Army, and possess the blackpowder, caps and ball you better have it on your permit.
Cavalry
.308 Win
Meeh, things are a little more relaxed in my county than most of the state, kinda like a free America mentality. After living in many other states its completely different way of living and thinking vs NY.
The example being of how this could have gone down; I stopped at my friend's place, he pulled in after me blocking my vehicle, I needed to pick up something quick so I just took his vehicle.
Cavalry
.308 Win
The funny part is he wouldn't really care!
1075tech
.338 Win Mag
And here I was thinking that maybe you were suddenly haunted...... by ghosts.
Cavalry
.308 Win
Probably a little on the overly cautious side. I am not in the habit of being pulled over or having my vehicle searched. If this situation had happened I might not have known until I got back and was told there was a pistol in the vehicle.
I happened to ask my favorite guy at my (now former) NYS county pistol permit bureau the following:
I am moving to NC. IF I ever move back to NYS (extremely unlikely), or just come back to visit (with my old NY CCW still intact), how does NYS handle any handguns that I have sold in NC, - even if sold to an NC FFL? And what about any handguns I have legally purchased in NC from a private seller (and WITHOUT) a Bill of Sale? Or, what about any handguns purchased from an NC FFL?
He just shook his head repeatedly, and told me: Whatever you do, DO NOT ever bring any of those NC purchased handguns into NYS unless they are on my NY permit. And he said that the only way to get them on my NY permit is to have an NC FFL ship them to a NYS FFL, at which point I would have to go through the process to get them added to my NYS CCW, and then either pick them up in NY, or have them shipped back to my FFL in NC.
As for any handguns currently on my NY permit, he said I should never sell them in NC, because there is no way to ever get them off of my NYS CCW permit.
I told him, "sorry, too late", - I sold some of them already. NYS firearm regulations are beyond fucked!
I am moving to NC. IF I ever move back to NYS (extremely unlikely), or just come back to visit (with my old NY CCW still intact), how does NYS handle any handguns that I have sold in NC, - even if sold to an NC FFL? And what about any handguns I have legally purchased in NC from a private seller (and WITHOUT) a Bill of Sale? Or, what about any handguns purchased from an NC FFL?
He just shook his head repeatedly, and told me: Whatever you do, DO NOT ever bring any of those NC purchased handguns into NYS unless they are on my NY permit. And he said that the only way to get them on my NY permit is to have an NC FFL ship them to a NYS FFL, at which point I would have to go through the process to get them added to my NYS CCW, and then either pick them up in NY, or have them shipped back to my FFL in NC.
As for any handguns currently on my NY permit, he said I should never sell them in NC, because there is no way to ever get them off of my NYS CCW permit.
I told him, "sorry, too late", - I sold some of them already. NYS firearm regulations are beyond fucked!
Steal2B
.700 Nitro Express
You can legally be in possession of a pistol that is not on your New York State permit in like 26 States who don't care about the Fuhrer's list on your permit. New York just isn't one of them.
SuffolkArms
.40 S&W
Well. New York state’s jury instructions specifically say you can only be convicted of “criminal possession of a weapon” if you “knowingly” possess the weapon. So as long as you don’t make any conflicting statements to LEO (telling them there’s a gun in the car, etc), a jury could find you innocent.
Some guy from Florida got off on that years ago. Was in NYC helping his gf move out of her apartment, pulled over for an illegal right on red, handgun in glovebox, got charged with a felony, always maintained he didn’t know the handgun was in there are it was just a Florida custom to keep handguns in your glove box and the jury acquitted him. Cost him $50k though.....
"I smell weed"........boom, car searched.
Doesnt matter if there has never been weed in car.
repete
.338 Win Mag
It'd be easier throw the gun out the window over a bridge. For a change, It really would be lost in the water!
Marine Cpl
.577 Tyrannosaur.
Because you have a license, you are exempt from Penal law 265. However, a violation of penal law 400 is a misdemeanor. So if you are in possession of a pistol other than your own, you are in violation of penal law 400.
Celt
.450/400 Nitro Ex
Absolutely, even when they try to bully, intimidate or guilt you into it with the "if you have nothing to hide then why not let me search and Ill get you on your way quick. Or ill call for the drug dog and keep you here for hours".
Then call the fucking dog!