New (and old) NY Gun Laws

[FinBusDev]

I understand, when brining my gun to the range, it must be unloaded, locked and in trunk and ammo separated from the gun e.g. in the
passenger compartment. I also understand that the ammo may not be loaded in a magaizine. I have two questions and PLEASE refrain from
voicing opinions of the laws themselves:
1) In what document can I find the laws refering to the above? Safe Act? Other?
2) Does the term "magazine" also enconpass stripper clips, bear flag type loaders and/or en blocs?
Thank you any enlightenment you can provide.

 

[camper4lyfe]

I understand, when brining my gun to the range, it must be unloaded, locked and in trunk and ammo separated from the gun e.g. in the
passenger compartment. I also understand that the ammo may not be loaded in a magaizine. I have two questions and PLEASE refrain from
voicing opinions of the laws themselves:
1) In what document can I find the laws refering to the above? Safe Act? Other?
2) Does the term "magazine" also enconpass stripper clips, bear flag type loaders and/or en blocs?
Thank you any enlightenment you can provide.

It's actually ECON law that stipulates they must be unloaded and separate, IIRC

 

[Cooolone]

I see an example if why the STATE requires training, or wants to.

Because it's too difficult to find the LAW in question and understand what it says.

First and foremost, what type of firearm are you asking about? That would help...

Second, use the search function, both here, and Google is your friend!

Third, I'll refrain from whatever I want, thank you, lol.

Have a great day!

 

[Beerman]

Handgun or rifle? Regs are dependent upon the type of firearm, as all guns are considered firearms now in NYS.

Grab some coffee…. https://www.governor.ny.gov/sites/d...ION1-CONCEALED_CARRY_IMPROVEMENT_ACT-BILL.pdf

 

[Saltwater60]

Handgun or rifle? Regs are dependent upon the type of firearm, as all guns are considered firearms now in NYS.

Grab some coffee…. https://www.governor.ny.gov/sites/d...ION1-CONCEALED_CARRY_IMPROVEMENT_ACT-BILL.pdf

This was my first thought. If licensed properly you can carry a pistol loaded on your person while operating a motor vehicle.
As mentioned the long guns being unloaded and magazines being unloaded is an ECON law on the DEC web site. Here is what I found with reference to the law.
I disagree that the magazines and all that need to be unloaded and I think it means a loaded magazine can’t be inserted into the gun since it says both chamber and magazine, but that’s my interpretation and take that for what you’re paying me for my advice on that.
I keep guns, ammo, and mags separate from each other and one is always out of reach for me when transporting long guns in NYS. Normally the firearm is in my truck cab and ammo/loaded mags are in my covered truck bed.
Also remember the word no to when asked if an officer can search your vehicle. Maybe the long gun is in plain sight so he can look at that or secure that hence my reasoning for keeping everything separate.
Good luck.

 

[Tisto]

This was my first thought. If licensed properly you can carry a pistol loaded on your person while operating a motor vehicle.
As mentioned the long guns being unloaded and magazines being unloaded is an ECON law on the DEC web site. Here is what I found with reference to the law.
I disagree that the magazines and all that need to be unloaded and I think it means a loaded magazine can’t be inserted into the gun since it says both chamber and magazine, but that’s my interpretation and take that for what you’re paying me for my advice on that.
I keep guns, ammo, and mags separate from each other and one is always out of reach for me when transporting long guns in NYS. Normally the firearm is in my truck cab and ammo/loaded mags are in my covered truck bed.
Also remember the word no to when asked if an officer can search your vehicle. Maybe the long gun is in plain sight so he can look at that or secure that hence my reasoning for keeping everything separate.
Good luck.

For the purposes of transporting a firearm in a motor vehicle, a firearm is considered loaded if the magazine is loaded, even if the magazine is not inserted into the weapon.

 

[Acer-m14]

is the Automobile a weapon ?

you better lock it up in the garage and remove the high capacity motor and gas tank clip it holds more then 10 gallons ..

and the trunk that flips up ..


man lots of you just love laws

and the bad ones out there just don't give a fuck ..

 

[Drinkthekoolaid]

Don't worry the police are your friend.




Advice I've learned from this forum;

Never break more than 1 law at a time.

Never leave guns, gun paraphernalia or anything else that will get an officers attention in plain sight in your vehicle. Make your vehicle look boring and refrain from having pro gun stickers visible on the outside of your vehicle. Be boring. Don't give any reason to ever have your vehicle searched. Don't voluntarily offer information to an officer trying to be friendly that you have guns in the car. "less is more". Yes sir, no sir, thank you sir and move on with your ticket.

Trying to keep up with the latest version of NY gun laws is near impossible. But if you follow federal transportation regulations you are likely to be left alone. Keep guns hidden/locked out of sight and not accessible from the driver. Keep them unloaded. Store ammo somewhere else. Don't have a pistol in your car in NY if you don't have a license for it. If you have a license then you can do whatever you want with it and carry it loaded on your person.

Quite frankly the laws suck so badly many gun enthusiasts here in this forum genuinely cannot comprehend what exactly is or is not under NY law. We get in arguments all the time over what exactly the safe act means and some of the terribly worded and defined terminology.

Get professional legal advice from a lawyer, determine what your threshold is for comfort and what you are or are not willing to risk.

Lastly, as the new guy in the forum telling everyone else how to respond to your thread will likely go very badly and not how you intended. We get questions like this weekly it seems and many members are very fatigued of these unconstitutional laws.

 

[Saltwater60]

For the purposes of transporting a firearm in a motor vehicle, a firearm is considered loaded if the magazine is loaded, even if the magazine is not inserted into the weapon.

Maybe. I read it that it says a firearm is unloaded with both the chamber and the magazine and I feel that’s if the mag is attached to the gun bits not super clear but me personally if a long gun mag is loaded I don’t unload it and it goes in my range bag in the back of my truck separate from my gun. If they want to fine and ticket me for that then I’ll pay it. It’s not an arrestable offense. I also doubt I’d ever be caught and I think most reasonable cops would accept my explanation. If not then I’ll pay the consequence of it.

 

[Tisto]

Maybe. I read it that it says a firearm is unloaded with both the chamber and the magazine and I feel that’s if the mag is attached to the gun bits not super clear but me personally if a long gun mag is loaded I don’t unload it and it goes in my range bag in the back of my truck separate from my gun. If they want to fine and ticket me for that then I’ll pay it. It’s not an arrestable offense. I also doubt I’d ever be caught and I think most reasonable cops would accept my explanation. If not then I’ll pay the consequence of it.

If you had a loaded magazine in a range bag that was in the trunk, and had the cased and unloaded rifle in the passenger compartment of a vehicle, I think you would get a pass from 99% of law enforcement. However, having that same loaded mag in the case with the gun, but not inserted into it, would likely be a different result.

Having several loaded mags in the trunk ? All bets are off on that one. I wouldn't bet one way or another on what kind of reaction you could expect from a LEO.

 

[dean3690]

Some guns have integral magazines. A typical bolt action gun often has a 3, 4 or 5 round magazine that is not detachable and a lever gun most often has a tube magazine, like most shotguns For instance a Ruger M77 Mk ll has an integral (not detachable) magazine with varying capacity depending upon the caliber. This gun would have to have no cartridges in the chamber or the integral magazine to be considered unloaded. A rifle that takes a detachable magazine would be considered unloaded if it had both no magazine or an empty magazine inserted and no cartridge in the chamber ie.: "unloaded in both the chamber and the magazine". IMHO, to have a loaded detachable magazine stored separately from the gun in a separate locked ammo container meets the requirement to have ammunition in a locked container separate from the gun and does not relate to the gun being loaded.

I don't see anything in the Lawful Interstate Transportation of Firearms Act that requires your ammunition in a separate locked container to be stored in a separate part of the vehicle from your gun in it's own separate locked container as long as they are both out of reach from the passenger compartment. Maybe there is a NYS or NYS DEC law or regulation that has this requirement that I am unaware of.

 

[Beerman]

Some guns have integral magazines. A typical bolt action gun often has a 3, 4 or 5 round magazine that is not detachable and a lever gun most often has a tube magazine, like most shotguns For instance a Ruger M77 Mk ll has an integral (not detachable) magazine with varying capacity depending upon the caliber. This gun would have to have no cartridges in the chamber or the integral magazine to be considered unloaded. A rifle that takes a detachable magazine would be considered unloaded if it had both no magazine or an empty magazine inserted and no cartridge in the chamber ie.: "unloaded in both the chamber and the magazine". IMHO, to have a loaded detachable magazine stored separately from the gun in a separate locked ammo container meets the requirement to have ammunition in a locked container separate from the gun and does not relate to the gun being loaded.

I don't see anything in the Lawful Interstate Transportation of Firearms Act that requires your ammunition in a separate locked container to be stored in a separate part of the vehicle from your gun in it's own separate locked container as long as they are both out of reach from the passenger compartment. Maybe there is a NYS or NYS DEC law or regulation that has this requirement that I am unaware of.

Welp, here’s the thing- whether you’re aware of it or not has nothing to do with an actual law or regulation. So, get educated, be safe, be careful.

From NYS 265.00, 15:


15. "Loaded firearm" means any firearm loaded with ammunition or any
firearm which is possessed by one who, at the same time, possesses a
quantity of ammunition which may be used to discharge such firearm.

 

[dean3690]

A cased and locked gun and ammo locked in a separate container in your vehicle would not fit the definition of possesses a loaded firearm as it complies with NYS requirements for transporting a firearm. Holding, or transporting in your vehicle an unlocked, uncased, unloaded firearm with loose ammo or a loaded magazine in your , hand, pocket, vehicle, etc. would likely fit the definition of possesses a loaded firearm for sake of prosecution. Not just theoretically, but according to the definitions, if you are at the mall and your gun is stored at home and you have ammo stored in your home, you exercise dominion or control over them both per the definition of possession and they would also be considered loaded by the NYS definition you provided, and yet you won't be arrested for possession of a loaded firearm at the mall. The same applies to your transport of your locked cased (metal or plastic hard case = fire resistant as required by NYS) firearm without cartridge or shell in it and your separate ammo in a locked container in your vehicle, where you are transporting according to federal guidelines and NYS guidelines. Yes, over broad definitions are contained in the law. Yet even in New Yorkistan, we don't see blanket prosecution of criminal possession of a loaded firearm as these 2 definitions suggest there should be. So if you want to lock the gun in the trunk and the ammo in the passenger compartment of the vehicle, or you want to unload all your mags that are stored in a separate locked container, be my guest. I drive a minivan, so both go in the far back in their separate locked containers with bullets in the mags in the ammo container and I'm perfectly comfortable with that. The first 2 key strategies listed by Drinkthekoolaid are paramount in my opinion. How many times do you read about people busted because they were speeding, their car is not kept up (no muffler, tail lights out, etc.), their registration is expired (all things that can be observed or found out by the POPO before an actual stop) and then, they don't have a valid license or have an expired one, they have outstanding warrants and they have guns, drugs/ open alcohol, drug smoke, drug/alcohol smell, etc. visible/observable. If they just drove the speed limit, they likely would be OK most of the time. And keep stuff out of sight (I cover my stuff up so it is not readily visible), as advertising is not doing you any favors.

From NYS Chapter 40 Penal, Section 10 definitions:
8. "Possess" means to have physical possession or otherwise to
exercise dominion or control over tangible property.

 

[Saltwater60]

Some guns have integral magazines. A typical bolt action gun often has a 3, 4 or 5 round magazine that is not detachable and a lever gun most often has a tube magazine, like most shotguns For instance a Ruger M77 Mk ll has an integral (not detachable) magazine with varying capacity depending upon the caliber. This gun would have to have no cartridges in the chamber or the integral magazine to be considered unloaded. A rifle that takes a detachable magazine would be considered unloaded if it had both no magazine or an empty magazine inserted and no cartridge in the chamber ie.: "unloaded in both the chamber and the magazine". IMHO, to have a loaded detachable magazine stored separately from the gun in a separate locked ammo container meets the requirement to have ammunition in a locked container separate from the gun and does not relate to the gun being loaded.

I don't see anything in the Lawful Interstate Transportation of Firearms Act that requires your ammunition in a separate locked container to be stored in a separate part of the vehicle from your gun in it's own separate locked container as long as they are both out of reach from the passenger compartment. Maybe there is a NYS or NYS DEC law or regulation that has this requirement that I am unaware of.

This is how I interpret it as well.

 

[Saltwater60]

Welp, here’s the thing- whether you’re aware of it or not has nothing to do with an actual law or regulation. So, get educated, be safe, be careful.

From NYS 265.00, 15:


15. "Loaded firearm" means any firearm loaded with ammunition or any
firearm which is possessed by one who, at the same time, possesses a
quantity of ammunition which may be used to discharge such firearm.

Doesn’t 265 define firearm as a pistol or firearms outside of a “long gun” under 26 inches. Doesn’t this particular clause pertain to black powder pistol possession?
Here is a link and look under definitions and firearms definition explains firearm in 265 doesn’t include the definition of a rifle or shotgun unless it’s cut down

Article 265 Penal Law Firearms - Dangerous Weapons | NY Law

Firearms and Other Dangerous Weapons. A person is guilty of criminal possession of a weapon in the third degree

ypdcrime.com

 

[Acer-m14]

is a 50 cal ammo can a high cap magazine .. ??

Sure does look it ..

 

[Acer-m14]

only the bee can really show the truth

 

[Saltwater60]

is a 50 cal ammo can a high cap magazine .. ??

Sure does look it ..

The belt does.