Uzi
.308 Win
Wondering if you went to a range if you were legally able to shoot a friends or families registered assault weapon here in upstate NY. My guess is yes, you can, but I don't know for sure.
Can you legally shoot a friends "assault weapon".
- Thread starter Uzi
- Start date
dwa12479
.338 Win Mag
Way too much fun to be legal in NY. However, I have yet to see any RSO's that are checking papers. Or really anyone at any range that gives two shits what you're shooting for that matter.
GOYABEAN
.950 JDJ
What kind of friends do you have 
i don't know anyone that owns one of those 
so called assault weapons 
i don't know anyone that owns one of those so called assault weapons 
Eddie Gunks
.338 Win Mag
Yes
UpStateEd
.45 acp
Remember the Motto of NYS: "if it's fun - it's illegal in NY"
Uzi
.308 Win
Thanks for answering the question.
meketrefe
.450/400 Nitro Ex
You need to be a registered nurse. lol
of course you can. ... and unregistered ones too! lol.
of course you can. ... and unregistered ones too! lol.
4excal
.338 Win Mag
I don't see any issues, as if you're shooting it with a LEO standing directly behind you, who would ever know??
meketrefe
.450/400 Nitro Ex
yes because he/she wants a turn to shoot too right?
4excal
.338 Win Mag
In my Private Club in my County that's highly probable lol
C3D
.308 Win
The answer is muddled by your question. Let me instead break it into two questions:
1. Can you shoot a friend's weapon in NY that would have been an assault rifle under the SAFE Act but that your friend registered prior to the deadline and has kept up the registration as required every 5 years?
2. Can you shoot a friend's rifle in NY that meets the test of an assault weapon and that was never registered and you are not part of an exempt category of persons under Article 265.20, such a police officer?
Yes, if 1., because that gun is not an "assault weapon" under the Penal Code.
No, if 2., because the gun is an "assault weapon" and there is no allowance for a non-exempt person to use one even temporarily while in the company of the weapon's owner.
1. Can you shoot a friend's weapon in NY that would have been an assault rifle under the SAFE Act but that your friend registered prior to the deadline and has kept up the registration as required every 5 years?
2. Can you shoot a friend's rifle in NY that meets the test of an assault weapon and that was never registered and you are not part of an exempt category of persons under Article 265.20, such a police officer?
Yes, if 1., because that gun is not an "assault weapon" under the Penal Code.
No, if 2., because the gun is an "assault weapon" and there is no allowance for a non-exempt person to use one even temporarily while in the company of the weapon's owner.
4excal
.338 Win Mag
But what about 3? Yes. Do to total disregard of any stupid "law" when one is alone with said weapon owner and said firearm and acting responsible and safely..
Eddie Gunks
.338 Win Mag
not really the way the law works. the law has to forbid something in words. it does not forbid by if-then. the law says basically "to own" . if you are shooting it you do not own it (i am prefacing this to mean the legal owner is present) you are gtg. the law does NOT say you can not handle an otherwise legal firearm.
for example, i believe the NYS pistol law specifically says you need a pistol permit to handle a pistol in NY....that is very specific, in words. there are NO SUCH WORDING regarding the scary black gun law.
the scary black gun law registers the firearm. the NYS asshat pistol permit system "registers" the user.
sorry
Robin
.475 A&M Magnum
WTF!! jesus christ, just shoot the fucking thing! Is it okay to wear white underwear on Tuesday, call the state hotline, or ratline, or whatever effing line we the people are paying for these days! DAMN!!!!
Robin
Robin
Eddie Gunks
.338 Win Mag
bwah ha ha ha ha!
C3D
.308 Win
BulletGuy, I don't write the laws, but I do read them and complain about them quite a lot.
The prohibition of 265.03 applies to "possession" of an assault weapon. If you have read the related case law, it is clear that even a temporary possession for the purpose of shooting the gun is not permitted.
The analogy to the pistol licensing law is interesting because although apparently fallacious on the surface it is actually correct in substance. I agree with your assertion that a pistol is licensed to an individual, and a gun meeting the definition of assault weapon is itself registered without reference to the person. However, I can best illustrate the analogy as follows: Can you shoot a friend's pistol in NYS at a pistol range? The answer is no, if you yourself don't have a permit. Doing so would constitute the possessory offense of Criminal Possession of a Weapon as possession of a pistol (i.e., "firearm" under the law) is forbidden unless permitted. (The reason I say it's apparently fallacious is because we all know you can shoot another's pistol if you yourself have a license, or have applied for a license, or in other limited circumstances -- but that's only because the Penal Law creates and express and narrow exception for those circumstances. There is no similar section when it comes to assault weapons, or machineguns, etc.)
No difference between a legal unregistered rifle that is an assault weapon (i.e., one that a police officer or licensed firearms dealer owns and was not registered) and a pistol (by someone without a pistol license). The act proscribed by the code is possession, in all circumstances, unless permitted, and there is no difference between the two in law. Only a very narrow exception, called "temporary and lawful possession", is recognized by the courts. This applies where possession of a weapon occurs in an excusable manner and possession is maintained only long enough to effect safe disposal. Example: you find a gun in a subway car and pick it up to call police at the next station. (P.S. - don't ever do that if you don't want to be arrested even if you beat the charge. If you see a gun on the ground secure it without touching it and summon help.)
In Q1 above, the possession is fine because as you concur the gun with the evil features is itself is not an "assault weapon" under the law by virtue of the text of 265.00(22)(g)(v).
The prohibition of 265.03 applies to "possession" of an assault weapon. If you have read the related case law, it is clear that even a temporary possession for the purpose of shooting the gun is not permitted.
The analogy to the pistol licensing law is interesting because although apparently fallacious on the surface it is actually correct in substance. I agree with your assertion that a pistol is licensed to an individual, and a gun meeting the definition of assault weapon is itself registered without reference to the person. However, I can best illustrate the analogy as follows: Can you shoot a friend's pistol in NYS at a pistol range? The answer is no, if you yourself don't have a permit. Doing so would constitute the possessory offense of Criminal Possession of a Weapon as possession of a pistol (i.e., "firearm" under the law) is forbidden unless permitted. (The reason I say it's apparently fallacious is because we all know you can shoot another's pistol if you yourself have a license, or have applied for a license, or in other limited circumstances -- but that's only because the Penal Law creates and express and narrow exception for those circumstances. There is no similar section when it comes to assault weapons, or machineguns, etc.)
No difference between a legal unregistered rifle that is an assault weapon (i.e., one that a police officer or licensed firearms dealer owns and was not registered) and a pistol (by someone without a pistol license). The act proscribed by the code is possession, in all circumstances, unless permitted, and there is no difference between the two in law. Only a very narrow exception, called "temporary and lawful possession", is recognized by the courts. This applies where possession of a weapon occurs in an excusable manner and possession is maintained only long enough to effect safe disposal. Example: you find a gun in a subway car and pick it up to call police at the next station. (P.S. - don't ever do that if you don't want to be arrested even if you beat the charge. If you see a gun on the ground secure it without touching it and summon help.)
In Q1 above, the possession is fine because as you concur the gun with the evil features is itself is not an "assault weapon" under the law by virtue of the text of 265.00(22)(g)(v).
C3D
.308 Win
All great if you are confident that you won't have contact with law enforcement during your range time, and that if you do they will know the law well enough.
Phazer
.450/400 Nitro Ex
Well...I'm not the best shot...but if you put that AW at the 50-yard stand I'm sure that I could hit it a few times with my pistol-caliber carbine.
Marine Cpl
.577 Tyrannosaur.
@C3D is correct. It's a possession thing. In Penal Law 265 it says that a validly registered Assault Weapon is not an Assault Weapon.
If it is however not registered, the owner and those around him can be charged with possession. There is case law already where all people in a car got charged with the same gun charge.
If it is however not registered, the owner and those around him can be charged with possession. There is case law already where all people in a car got charged with the same gun charge.
Marine Cpl
.577 Tyrannosaur.
I'm assuming the gun was legal. If not, it was illegal.
Don't confuse getting away with something that is illegal but very unlikely in getting caught as legal.
No it was legal, the owner was a SOT, that offered rentals at a local range. It was actually the company that used to own the other forum.
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Harry Hood
.223 Rem
I have a question for all of you saying that the OP can shoot the registered MSR. Wouldn't this go back to loaning a firearm for someone to use, say, you wanted your buddy to go hunting with you and he has a valid hunting license but no firearm. Can you loan him a gun without a back round check? I was under the understanding that loaning to a non family member requires a back round check. I could totally be wrong but I thought I had heard that brought up before.
Cleck
.308 Win
Basically this. I shoot my dad's registered AR all the time at the range. The one I go to has an extra special employee who likes to be a dick and talk down to you, to make sure you have a permit or that this is registered, or that you have the correct magazine for it, blah blah blah. I've talked to the owner, and he knows about the guy and repeatedly tells him to cut back on the assholeness. There's no reason for it. If you're at a range, you should be able to shoot legal weapons. Plain and simple. I have friends that want to come shooting w/ me all the time. Most don't have their permits. It's fucking lame how they (he) treat them. They're concerned about people getting caught by "undercover" police, who are apparently there all the time. The guy is a clown.
Anyways, yes and no. Shoot legal gun, can't shoot illegal gun.
Cleck
.308 Win
When I borrow the AR, I get an email of the registration. That was enough to shutup dickbag at the range. I told him I can have a text copy of it in less than 5 minutes, like he's testing my integrity. All of a sudden he's like, "No, it's ok. I trust you" Oh, you trust me now, even though you were just talking to me like I was your kid? Fuck off.
Marine Cpl
.577 Tyrannosaur.
What range is this?
Cleck
.308 Win
Firing Pin. I've talked to Brandon plenty and he knows where I'm coming from, they just want to cover their ass from the legal side of things. The employee seems to think he's god or something
I'm curious which employee, I recently had an issue with an employee there that viewed him self as the definitive authority on the safe act, and was a real pain in the ass. Branson was pretty apologetic about it, wondering if it was the same one.
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