The very definition in NY law says it's not a shotgun. Furthermore, I have a letter from the ATF that states such.
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Loaded "Weapon" in Vehicle?
- Thread starter Chevusa
- Start date
Acer-m14
20×102mm Vulcan
but but but .. LOL .. in NY if you have a gun in the auto and a box of shells on the floor .. the gun is loaded LOL
If it's a pistol or revolver that is correct. Remember, the definition of "firearm" is different in the penal law than it is in the DEC law. A pistol permit exempts you from that penal law anyway.
Jsmegs77
.308 Win
The same. Also the same DEC that used to ambush kids riding ATV's on the North Fork, sometimes on their family's own farmland, by tying ropes between trees across the trail and then chasing them.
Is it a revolver or pistol? If not, it's a no-go. The word except makes sure of that.
Letter says it is other, correct? Then by definition it is not a revolver or pistol and therefore prohibited to have in a vehicle loaded.
It says it is a firearm.
Marine Cpl
.577 Tyrannosaur.
Thanks for this. I had to check and you are correct . So based on how the law is written, I can legally travel with a loaded rifle and shotgun in my car since it isn’t a firearm.
The DEC law uses "firearm" as all guns. Then it exempts pistols and revolvers. So the DEC law says you have to be unloaded. The Penal law is mute on the subject (loaded in vehicle).
SuffolkArms
.40 S&W
The
DEC laws also say you can’t load more than five rounds in a rifle magazine... hmmm why hasn’t that been applied elsewhere than hunting like the rifle carry case?
DEC laws also say you can’t load more than five rounds in a rifle magazine... hmmm why hasn’t that been applied elsewhere than hunting like the rifle carry case?
Doesn't that specify while "afield" or engaging in specific types of hunting?
Marine Cpl
.577 Tyrannosaur.
Doesn’t the DEC laws only pertain to DEC activities and not in a Walmart parking lot or on I84 for example?
If it did, you would be charged for illegally hunting while you are in Walmart. Having a rifle or pistol during bow season, ect.
SuffolkArms
.40 S&W
What about all the “hunting” restricted pistol licenses? “Oh don’t worry county licensing office, some douchebag judge in the 70s told us that we’re hunting everywhere which is why we can’t keep loaded rifles in our cars, so since I might be “hunting” right now I can carry wherever”.
That was my argument as well but it was posted in this thread by someone else where courts have ruled that the law applies anyway and has convicted persons of the charges.
Marine Cpl
.577 Tyrannosaur.
There is a such thing as bad court rulings issued by biased judges that aren’t enforced by police because there is no such law that says what the court ruling ruled.
Example. Penal law 265 says that a magazine has to be limited to 10. Some judge rules that you can only have 5 as per DEC in Walmart and in your home . It’s a wrong ruling that will be ignored because that is not what the penal law says.
Doesn't apply. DEC law specifically says while hunting.
"It is illegal to take or hunt wildlife:
with any semi-automatic firearm with a capacity to hold more than 6 rounds, EXCEPT the following semi-automatic firearms:
- firearms altered to reduce their capacity to no more than 6 shells at one time in the magazine and chamber combined"
Also the same DEC that had to be served a court order to stay away from our property.
Long story short....
I called DEC to help me stop poaching on our 600 acre farm. They came with cameras and occationally walked around. The poachers were dealt with.
However, for up to a year after this incident, the DEC continued to put up cameras and foot patrol our property.
We told them to stay away for almost a year. They said they were investigating an ongoing issue. A judge disagreed and issued an order for them to stop.
Annnnd,
During their time "investigating" our poaching issue....after it was dealt with......they tried to say we altered the flow of a creek to water our cattle.
But, it was the beavers who altered the flow.
The beavers were not arrested, or even charged.
During their time "investigating" our poaching issue....after it was dealt with......they tried to say we altered the flow of a creek to water our cattle.
But, it was the beavers who altered the flow.
The beavers were not arrested, or even charged.
Ohhhh, they will investigate.
Blame it on the beavers.
Vapor
.308 Win
Wait, this thread has me confused. What if I have a shotgun and its shells in the trunk? What about a rifle with loaded magazines that are in a separate bag?
pjzwtl
.308 Win
Unloaded is no rounds in chamber or magazine. Shells rolling on the dash ok ammo in pocket ok ammo and firearm in trunk together ok ammo and firearm in case together on back seat ok.
The part that mentions the firearm is considered loaded if in the area of ammo is the penal law pertaining to a pistol or revolver. A pistol permit exempts us from that. DEC just says unloaded in the chamber and magazine.
SuffolkArms
.40 S&W
Well the DEC defines “to hunt” as: “means to pursue, shoot, kill or capture (other than trap) wildlife and includes all lesser acts that disturb or worry wildlife whether or not they result in taking.”
Shooting guns at a shooting range sure sounds like it would be a “lesser act that disturb or worry wildlife” with regards to birds in the sky. Hell even hiking on a trail sounds like it could be defined as hunting.
Jsmegs77
.308 Win
Well if that isn't a wide open definition I don't know what is. So I am hunting if I exit my dwelling and there is a wild bird on my front lawn who flies off at my approach. I disturbed wildlife, but didn't take it. Who writes this shit?
SuffolkArms
.40 S&W
Well if that isn't a wide open definition I don't know what is. So I am hunting if I exit my dwelling and there is a wild bird on my front lawn who flies off at my approach. I disturbed wildlife, but didn't take it. Who writes this shit?
The definition was expanded because animal rights activists were going in the woods and playing loud noises to scare animals away from hunters if I recall. So they expanded the definition to charge the activists as illegal hunters themselves.
Jsmegs77
.308 Win
I was aware of such practices, but not aware that the DEC regulations were modified because of it. I still maintain that the letter of the law is patently ridiculous on its face, and thus should to any sane person be almost completely unenforceable in the latter half.
repete
.338 Win Mag
Nit trying to be an ass, but do you really want to go that route? I can see a cop siezeing it and possibly you spending the night locked up, a couple of months later a judge saying "even with this letter it still looks like a shotgun so..."
If you can do it AND get away with it (with a LEO's/DA/court saying it's ok) Then GREAT! I still think it' will cost you some legal fees and the rest of us taxpayers will be footing your prosecution!
I'm gonna carry my Shockwave in my car, loaded, for now. Just ordered a scabbard for it. I will take my chances of a Buffalo cop or another area agency: 1) giving a shit 2) knowing the DEC hunting regulations and 3) being able to figure out how to write the DEC ticket or bothering to sit there with me and wait for a DEC car to arrive to write me up for it. I think they have bigger concerns right now than bothering a legally armed citizen who isn't out looking for trouble.
SuffolkArms
.40 S&W
Buy a wilson tennis case and save yourself some money. You can carry it in one of these on foot without arousing suspicion.
Cool story. Give us another one!