Loaded "Weapon" in Vehicle?

[Marine Cpl]

NYS Open Legislation | NYSenate.gov

www.nysenate.gov

2. No crossbow or firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is uncocked, for a crossbow or unloaded, for a firearm in both the chamber and the magazine, except that a loaded firearm which may be legally used for taking migratory game birds may be carried or possessed in a motor boat while hunting migratory game birds, and no person except a law enforcement officer in the performance of his official duties shall, while in or on a motor vehicle, use a jacklight, spotlight or other artificial light upon lands inhabited by deer if he or she is in possession or is accompanied by a person who is in possession, at the time of such use, of a longbow, crossbow or a firearm of any kind except a pistol or revolver, unless such longbow or crossbow is unstrung or such firearm or crossbow is taken down or securely fastened in a case or locked in the trunk of the vehicle. For purposes of this subdivision, motor vehicle shall mean every vehicle or other device operated by any power other than muscle power, and which shall include but not be limited to automobiles, trucks, motorcycles, tractors, trailers and motorboats, snowmobiles and snowtravelers, whether operated on or off public highways. Notwithstanding the provisions of this subdivision, the department may issue a permit to any person who is non-ambulatory, except with the use of a mechanized aid, to possess a loaded firearm in or on a motor vehicle as defined in this section, subject to such restrictions as the department may deem necessary in the interest of public safety. Nothing in this section permits the possession of a pistol or a revolver contrary to the penal law.


Well they do have an exemption for duck hunting, But seemed to have forgotten the one about driving around in nice clothes and a fancy car that you must not be hunting!

2014 New York Laws :: ENV - Environmental Conservation :: Article 71 - ENFORCEMENT :: Title 9 - (71-0901 - 71-0927) ENFORCEMENT OF ARTICLES 11 AND 13--THE FISH AND WILDLIFE LAW :: 71-0905 - Penal Law, Criminal Procedure Law and other laws not affecte

law.justia.com

71-0905. Penal Law, Criminal Procedure Law and other laws not


affected.

1. No provision or language of the Fish and Wildlife Law shall be
construed as amending, repealing, superseding or limiting any provision
of the Penal Law, Criminal Procedure Law or other law, except to the
extent that such provision or language is expressly stated to be
applicable notwithstanding such law, or notwithstanding any other law.
Except to such extent, any provisions of the Fish and Wildlife Law
inconsistent with the provisions of any other law shall be deemed to be
effective for the purposes of the Fish and Wildlife Law only.


The Law above does no amending, repealing, superseding or limiting any provision of the penal law,Criminal Procedure Law or other law! It is still a NYS Law!!

You just posted a law that says that it’s enforcement is for the purposes of the Fish and Wildlife law. You seem to have trouble comprehending what you are reading. Under your logic, having a flashlight or in your vehicle while you are driving to Walmart would be an arrestable violation as would having your dog running around in the woods of your backyard.

Now look at Article 1 of the Fish and Wildlife law and read it’s purpose.

 

[Marine Cpl]

Everyone here is giving Chevy shit but he is correct. Sure, oathbreakers may jam him up just like they may do to others with a fixed magazine or any other gun related thing, but he is correct. The loaded Other carries the same risk as having an unloaded Other. The Other in itself is a workaround since it isn’t mentioned in the penal law.

 

[nortatoga]

You just posted a law that says that it’s enforcement is for the purposes of the Fish and Wildlife law. You seem to have trouble comprehending what you are reading. Under your logic, having a flashlight or in your vehicle while you are driving to Walmart would be an arrestable violation as would having your dog running around in the woods of your backyard.

Now look at Article 1 of the Fish and Wildlife law and read it’s purpose.

That would be correct if-- (use a jacklight, spotlight or other artificial light upon lands inhabited by deer if he or she is in possession or is accompanied by a person who is in possession, at the time of such use) but not driving to Walmart. So no problem comprehending! Pay attention to punctuation!

2. No crossbow or firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is uncocked, for a crossbow or unloaded, for a firearm in both the chamber and the magazine,

except that a loaded firearm which may be legally used for taking migratory game birds may be carried or possessed in a motor boat while hunting migratory game birds,

 

[Marine Cpl]

That would be correct if-- (use a jacklight, spotlight or other artificial light upon lands inhabited by deer if he or she is in possession or is accompanied by a person who is in possession, at the time of such use) but not driving to Walmart. So no problem comprehending! Pay attention to punctuation!

2. No crossbow or firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is uncocked, for a crossbow or unloaded, for a firearm in both the chamber and the magazine,

except that a loaded firearm which may be legally used for taking migratory game birds may be carried or possessed in a motor boat while hunting migratory game birds,

So if I go out with a flashlight at night to look around the property in the woods, I’m subjected to arrest. Get out of here with that nonsense. Those laws are for the purposes of Hunting. They say so in their own laws but you ignore it just so you can counter someone.

 

[BDinPutnam]

So if I go out with a flashlight at night to look around the property in the woods, I’m subjected to arrest. Get out of here with that nonsense. Those laws are for the purposes of Hunting. They say so in their own laws but you ignore it just so you can counter someone.

Not only do I take a light but more often than not I have a sidearm on me.

 

[Marine Cpl]

Not only do I take a light but more often than not I have a sidearm on me.

Beware of the Econ officer. He will get you for breaking the law.

 

[nortatoga]

Again you don't pay attention to punctuation!

So if I go out with a flashlight at night to look around the property in the woods, I’m subjected to arrest. Get out of here with that nonsense. Those laws are for the purposes of Hunting. They say so in their own laws but you ignore it just so you can counter someone.

*and no person except a law enforcement officer in the performance of his official duties shall, ( while in or on a motor vehicle,) use a jacklight, spotlight or other artificial light upon lands inhabited by deer if he or she is in possession or is accompanied by a person who is in possession, at the time of such use, of a longbow, crossbow or a firearm of any kind except a pistol or revover *

 

[BDinPutnam]

Again you don't pay attention to punctuation!




*and no person except a law enforcement officer in the performance of his official duties shall, ( while in or on a motor vehicle,) use a jacklight, spotlight or other artificial light upon lands inhabited by deer if he or she is in possession or is accompanied by a person who is in possession, at the time of such use, of a longbow, crossbow or a firearm of any kind except a pistol or revover *

On occasion I have taken a rifle or shotgun with a light ON IT. What good is having a light only if a pair of coyotes decides they want a piece of me or my dog at 0 dark 30?

Now what?

 

[pjzwtl]

Everyone here is giving Chevy shit but he is correct. Sure, oathbreakers may jam him up just like they may do to others with a fixed magazine or any other gun related thing, but he is correct. The loaded Other carries the same risk as having an unloaded Other. The Other in itself is a workaround since it isn’t mentioned in the penal law.

He is correct where the law is written not in its enforcement, which unless you have money to burn is the issue. I doubt barring another serious law is broken at that time it will land you in jail but it will cost you money.

 

[pjzwtl]

On occasion I have taken a rifle or shotgun with a light ON IT. What good is having a light only if a pair of coyotes decides they want a piece of me or my dog at 0 dark 30?

Now what?

Are you in or on a vehicle?

 

[BDinPutnam]

Are you in or on a vehicle?

WHO WANTS TO KNOW?



(Does a subcompact tractor count?)

 

[nortatoga]

On occasion I have taken a rifle or shotgun with a light ON IT. What good is having a light only if a pair of coyotes decides they want a piece of me or my dog at 0 dark 30?

Now what?

Furbearer Hunting at Night
You may hunt furbearers at night, with or without a light, as follows:

• You may use a light, but you may not hunt from any motor vehicle, including an ATV. All laws pertaining to the use of a spotlight and firearm apply.
• If hunting without a light, the use of a light gathering ("starlight") scope is legal on any firearm listed below.
• You may use a handgun, bow, or crossbow.
• You may use a shotgun loaded with shot (any size).

 

[BDinPutnam]

Furbearer Hunting at Night
You may hunt furbearers at night, with or without a light, as follows:

• You may use a light, but you may not hunt from any motor vehicle, including an ATV. All laws pertaining to the use of a spotlight and firearm apply.
• If hunting without a light, the use of a light gathering ("starlight") scope is legal on any firearm listed below.
• You may use a handgun, bow, or crossbow.
• You may use a shotgun loaded with shot (any size).

Ah, but I'm not "hunting" and its July.

So elsewhere in DEC its established I can use pretty much any legal firearm to shoot a coyote if it is a threat to life or property, I believe? At any time of year?

Edit: "on my property."

 

[nortatoga]

Ah, but I'm not "hunting" and its July.

So elsewhere in DEC its established I can use pretty much any legal firearm to shoot a coyote if it is a threat to life or property, I believe? At any time of year?

Edit: "on my property."

Yes a En-Con Biologist told us at a forum I attended years back, if you see a Coyote acting in a threatening or unusual manner shot it!

But this is getting way off the OP's original topic!

 

[Chevusa]

I'm glad to see the law is being applied to hunting situations as it is deemed to be effective for. Remember - it shall not be enforced except for the purposes of fish and wildlife law only.

The DEC didn't sit down and come up with laws that do not pertain to areas that are out of their scope and mission. While DEC have full police powers, it is not within their scope to be driving around making stops or arrests that have nothing to do with conservation. You don't see them out running radar on the side of the thruway. Why not? Because it is not the mission of the agency to do so.

 

[nortatoga]

He is correct where the law is written not in its enforcement, which unless you have money to burn is the issue. I doubt barring another serious law is broken at that time it will land you in jail but it will cost you money.

It being written where it is because those hunting would the most likely to break it.

 

[Chevusa]

Think of it this way. It's not about keeping loaded weapons out of vehicles for everyone. I am already allowed to have a loaded pistol in my car. This is about preventing people from hunting improperly.

What difference does it make if the loaded gun in my car is a pistol or a long gun? It doesn't make any difference for all practical purposes. I'm not hunting so it is not a concern of the DEC as my day to day activities are not within their department's mission.

 

[nortatoga]

Think of it this way. It's not about keeping loaded weapons out of vehicles for everyone. I am already allowed to have a loaded pistol in my car. This is about preventing people from hunting improperly.

What difference does it make if the loaded gun in my car is a pistol or a long gun? It doesn't make any difference for all practical purposes. I'm not hunting so it is not a concern of the DEC as my day to day activities are not within their department's mission.

You seem to not be able to grasp that it is a NYS law! The only firearms you can have in a vehicle are a pistol or revolver which are on your license, can you put your shockwave on your license? No right. That should have been the end of this!

*A person may not transport or possess a shotgun, rifle or crossbow in or on a motor vehicle unless the firearm is unloaded in both chamber and magazine or the crossbow is unloaded or taken down. A loaded firearm may be carried or possessed in a motorboat while legally hunting migratory game birds.*

Are you not a person? This gives the only exemption, duck hunting! It say nothing about hunting or are you hunting anything else. It says NYS only allows handguns to be loaded in vehicles period.

 

[Chevusa]

You seem to not be able to grasp that it is a NYS law! The only firearms you can have in a vehicle are a pistol or revolver which are on your license, can you put your shockwave on your license? No right. That should have been the end of this!

*A person may not transport or possess a shotgun, rifle or crossbow in or on a motor vehicle unless the firearm is unloaded in both chamber and magazine or the crossbow is unloaded or taken down. A loaded firearm may be carried or possessed in a motorboat while legally hunting migratory game birds.*

Are you not a person? This gives the only exemption, duck hunting! It say nothing about hunting or are you hunting anything else. It says NYS only allows handguns to be loaded in vehicles period.

You are selectively reading it. There is a law that also says that the law you quoted is to be enforced for fishing and wildlife purposes only. See 71-0905.

 

[nortatoga]

You are selectively reading it. There is a law that also says that the law you quoted is to be enforced for fishing and wildlife purposes only. See 71-0905.

71-0905. Penal Law, Criminal Procedure Law and other laws not


affected.

1. No provision or language of the Fish and Wildlife Law shall be
construed as amending, repealing, superseding or limiting any provision
of the Penal Law, Criminal Procedure Law or other law, except to the
extent that such provision or language is expressly stated to be
applicable notwithstanding such law, or notwithstanding any other law.
Except to such extent, any provisions of the Fish and Wildlife Law
inconsistent with the provisions of any other law shall be deemed to be
effective for the purposes of the Fish and Wildlife Law only.

No it doesn't!

If so point out what law it is amending, repealing, superseding or limiting any provision
of the Penal Law, Criminal Procedure Law or other law,

 

[Chevusa]

71-0905. Penal Law, Criminal Procedure Law and other laws not


affected.

1. No provision or language of the Fish and Wildlife Law shall be
construed as amending, repealing, superseding or limiting any provision
of the Penal Law, Criminal Procedure Law or other law, except to the
extent that such provision or language is expressly stated to be
applicable notwithstanding such law, or notwithstanding any other law.
Except to such extent, any provisions of the Fish and Wildlife Law
inconsistent with the provisions of any other law shall be deemed to be
effective for the purposes of the Fish and Wildlife Law only.

No it doesn't!

If so point out what law it is amending, repealing, superseding or limiting any provision
of the Penal Law, Criminal Procedure Law or other law,

PL265 allows for long guns to be loaded in a vehicle by default. The DEC regulation would supersede that, and in doing such
"shall be deemed to be effective for the purposes of the Fish and Wildlife Law only."

 

[nortatoga]

PL265 allows for long guns to be loaded in a vehicle by default. The DEC regulation would supersede that, and in doing such
"shall be deemed to be effective for the purposes of the Fish and Wildlife Law only."

Point out where Penal law 265 says that!!

 

[Chevusa]

Point out where Penal law 265 says that!!

PL265 allows for long guns to be loaded in a vehicle by default.

 

[nortatoga]

PL265 allows for long guns to be loaded in a vehicle by default.

Good Luck with that!!

Do you even know there is a firearm restriction in NYS DOT code and one in NYS business law? Most but not all law and regulations are in the penal law!

 

[Chevusa]

Good Luck with that!!

Do you even know there is a firearm restriction in NYS DOT code and one in NYS business law? Most but not all law and regulations are in the penal law!

Like not carrying in a rest area? I pay no attention to such nonsense. PL400 says my permit is valid throughout the state notwithstanding any local laws or regulations. Say, what's the penalty for violating a DOT regulation anyway? Nothing I'm too concerned about. Worse case - I'll mail in the small fine and be done with it. Then I'll go back and carry there again.

 

[nortatoga]

Like not carrying in a rest area? I pay no attention to such nonsense. PL400 says my permit is valid throughout the state notwithstanding any local laws or regulations. Say, what's the penalty for violating a DOT regulation anyway? Nothing I'm too concerned about. Worse case - I'll mail in the small fine and be done with it. Then I'll go back and carry there again.

Ah so it is not defaulted by penal law 265?

 

[Chevusa]

Ah so it is not defaulted by penal law 265?

You are trying to compare two totally different laws or regulations. The DOT code does not have a disqualifying statement saying when it is not to be enforced does it? Nope. Therefore there is no correlation and you have chosen a poor example.

 

[pjzwtl]

It being written where it is because those hunting would the most likely to break it.

Probably more because they assume we’re all poachers

 

[nortatoga]

Probably more because they assume we’re all poachers

Or some dimwit's that listen to some guys on a forum that don't know what they are talking about!! God help them!!!

 

[pjzwtl]

Like not carrying in a rest area? I pay no attention to such nonsense. PL400 says my permit is valid throughout the state notwithstanding any local laws or regulations. Say, what's the penalty for violating a DOT regulation anyway? Nothing I'm too concerned about. Worse case - I'll mail in the small fine and be done with it. Then I'll go back and carry there again.

Or the judge revokes the permit they gave you for breaking the “administrative” rule. It’s all bullshit but trusting a court system that uses Mother Jones News is a risky strategy at best.