Super dumb question.....

[ArmedCorgi]

I'm pretty sure I know the answer to this but had a moment of doubt.
Is it legal for me to shoot someone else's handgun if it's not on my permit? Seems like the answer should be yes of course, how else would you be able to legally handle handguns at the store or even rent one to try out if this weren't the case? I could understand it being illegal to borrow someone else's handgun, meaning, bringing it home and temporarily possessing it without it being on your permit, but simply trying a buddy's or family member's pistol out at the range in their presence????? Is this state that retarded??

 

[dsdmmat]

Yes

 

[togmaster]

Yes

Yes that it's legal or that the state is retarded? Jk

 

[dsdmmat]

Yes that it's legal or that the state is retarded? Jk

LoL

 

[ArmedCorgi]

Yes that it's legal or that the state is retarded? Jk

I took it as yes to both.

 

[Cooolone]

Unequivocally the STATE is retarded...

And maybe someone would post their experience the last time they were asked to produce a license or permit depicting the particular firearm they POSSESED in their hand at that moment in time by anyone!?!?








Yeah... Crickets!







So worrying about nothing!

 

[thegatman]

You cannot shoot someone else's handgun. Legally. Also any kid under 12 cannot handle any firearm. Welcome to NY.

 

[ArmedCorgi]

You cannot shoot someone else's handgun. Legally. Also any kid under 12 cannot handle any firearm. Welcome to NY.

Cites?

 

[Marine Cpl]

Cites?

Penal law 400 which only gives you exemption from prosecution if you possess a concealed carry license and you are carrying the card with the registered firearm on it.

It is never enforced just like open carry is never enforced while hunting. A really stupid LEO would be the only way this is ever enforced.

 

[ArmedCorgi]

LOL, FUCK THIS PLACE!!

 

[ArmedCorgi]

Penal law 400 which only gives you exemption from prosecution if you possess a concealed carry license and you are carrying the card with the registered firearm on it.

It is never enforced just like open carry is never enforced while hunting. A really stupid LEO would be the only way this is ever enforced.

The way you wrote it makes it sound like we are all "breaking the law" only, we are exempt from prosecution so long as we have a permit with the gun we are carrying listed on it.

 

[Marine Cpl]

The way you wrote it makes it sound like we are all "breaking the law" only, we are exempt from prosecution so long as we have a permit with the gun we are carrying listed on it.

Firearm possession is illegal in NY for everyone unless exempted. You can be exempted by being Active Military in performance of ones duties, a Law Enforcement Officer, the holder of a valid concealed carry license, or a child under 18 under the direct supervision of an adult.

The conditions of your Concealed Carry License state the the firearm must be concealed and listed on your license by make, model, and serial number.

Rifles and shotguns are not firearms so they are already exempt.

 

[ArmedCorgi]

Firearm possession is illegal in NY for everyone unless exempted. You can be exempted by being Active Military in performance of ones duties, a Law Enforcement Officer, or the holder of a valid concealed carry license, or a child u der 18 under the direct supervision of an adult.

The conditions of your Concealed Carry License state the the firearm must be concealed and listed on your license by make, model, and serial number.

Rifles and shotguns are not firearms so they are already exempt.

I understand that. As perverse and stupid as the law is, I understand. I think we can all agree how stupid the law in this state is. The issue in question is not a matter of carrying a buddy's gun, but rather simply shooting it at a range in their presence. I get that you can't hunt with or otherwise ccw or possess someone else's handgun that isn't on your permit.

 

[Jmac00]

can you be exempt if you just don't care

 

[togmaster]

I may or may not have handled and fired a bunch of other people's hand guns last week. Live'n on the edge I tell you!

 

[dubleuhb]

Dang, a whole lotta law breaking going on in my circles.
Know that I read this and cannot claim ignorance I promise I will stop.

 

[Marine Cpl]

I understand that. As perverse and stupid as the law is, I understand. I think we can all agree how stupid the law in this state is. The issue in question is not a matter of carrying a buddy's gun, but rather simply shooting it at a range in their presence. I get that you can't hunt with or otherwise ccw or possess someone else's handgun that isn't on your permit.

According to the law, you can't since your buddy's handgun isn't listed on your license. To have the exemption from prosecution of Possession of a Firearm, all conditions in Penal Law 400 have to be met.

We've all done it and no cop has ever been stupid enough to press the issue.

 

[Cooolone]

I can most certainly shoot someone else's gun, why not? I say BS and it wouldn't stand a shred of scrutiny if it were ever prosecuted.

So then, my drivers license only grants me the ability to legally drive a vehicle registered with in my name? How is that ok when not a RIGHT. Here in NY, where you pass some of the most excruciating scrutiny to obtain the ability to possess, that you somehow or another be unlawful to touch another absent permission granted? Utter ridiculousness for sure. Don't care what they write, they can't INFRINGE upon my RIGHT Once bestowed.

Again, yes, not enforced, so who gives a shit? Please, really, tell me, ANYONE, the last time you were stopped when doing anything with your firearm, at a range, competition or otherwise, whereas your firearm was checked against YOUR license, permit or otherwise? In all my years, I've never heard of it once, ever!

Now, that said, heaven forbid you actually have to USE the thing in defense... Oh boy, you better have all your I's dotted and T's crossed, say a few Hail Mary's, have a great Lawyer, sacrifice a few chickens to the Gun God's, and also keep your fingers crossed.

Fuck this retarded ridiculous State and all its BS. I've said it a hundred times, now 101... Law, is a VOLUNTARY compact between the Citizens, and the Authority it grants to an Agency, or Gov't. The Gov't doesn't RULE us and these encroachments should be voided. This is accomplished by the Citizenry not complying with those ridiculous laws. Done...

 

[Marine Cpl]

I can most certainly shoot someone else's gun, why not? I say BS and it wouldn't stand a shred of scrutiny if it were ever prosecuted.

So then, my drivers license only grants me the ability to legally drive a vehicle registered with in my name? How is that ok when not a RIGHT. Here in NY, where you pass some of the most excruciating scrutiny to obtain the ability to possess, that you somehow or another be unlawful to touch another absent permission granted? Utter ridiculousness for sure. Don't care what they write, they can't INFRINGE upon my RIGHT Once bestowed.

Again, yes, not enforced, so who gives a shit? Please, really, tell me, ANYONE, the last time you were stopped when doing anything with your firearm, at a range, competition or otherwise, whereas your firearm was checked against YOUR license, permit or otherwise? In all my years, I've never heard of it once, ever!

Now, that said, heaven forbid you actually have to USE the thing in defense... Oh boy, you better have all your I's dotted and T's crossed, say a few Hail Mary's, have a great Lawyer, sacrifice a few chickens to the Gun God's, and also keep your fingers crossed.

Fuck this retarded ridiculous State and all its BS. I've said it a hundred times, now 101... Law, is a VOLUNTARY compact between the Citizens, and the Authority it grants to an Agency, or Gov't. The Gov't doesn't RULE us and these encroachments should be voided. This is accomplished by the Citizenry not complying with those ridiculous laws. Done...

So can I and I do every time I go to the range with a friend. That isn't the point. You are preaching to the choir with your post in all caps at certain key points as if we agree with and love the law.

The point is how the law that no one agrees with is written. Automobiles aren't illegal so that isn't a valid comparison.

 

[MoMan]

Fuck it! Just move!!

There, problem solved. y/w

 

[ArmedCorgi]

This also brings up, in my mind a great legal angle for fighting the Sullivan act. NY making handguns illegal, is on it's face illegal. never mind the argument that NYS is not technically saying you "can't" own a handgun. They are just saying you need to go through a burdensome and costly process in order to do so. Regardless of the permitting scheme, that they made handguns illegal all together shouldn't have stood. But I know, I'm preaching to the choir.

I can recall speaking with the pp clerk for my county the first time I considered applying for my permit and she mentioned how some people get their permits just so they can shoot their friends guns...

 

[siggy]

NY Penal Law section 265.20 deals with exemptions to the various "criminal possession of a weapon" charges.

One of the exemptions (7-a), allows those licensed to possess a pistol to use and possess another individual's licensed pistol, provided that they are at an actual range and that the licensed owner is present.

Article 265 Penal Law Firearms | Dangerous Weapons | NY Law

 

[ArmedCorgi]

NY Penal Law section 265.20 deals with exemptions to the various "criminal possession of a weapon" charges.

One of the exemptions (7-a), allows those licensed to possess a pistol to use and possess another individual's licensed pistol, provided that they are at an actual range and that the licensed owner is present.

Article 265 Penal Law Firearms | Dangerous Weapons | NY Law

Wow, yup there it is:
7-a. Possession and use, at an indoor or outdoor pistol range located
in or on premises owned or occupied by a duly incorporated organization
organized for conservation purposes or to foster proficiency in small
arms or at a target pistol shooting competition under the auspices of or
approved by the national rifle association for the purpose of loading
and firing the same, by a person duly licensed to possess a pistol or
revolver pursuant to section 400.00 or 400.01 of this chapter of a
pistol or revolver duly so licensed to another person who is present at
the time.

And it even looks like someone applying for a permit can handle and shoot at a range if I'm reading it right:
7-b. Possession and use, at an indoor or outdoor pistol range located
in or on premises owned or occupied by a duly incorporated organization
organized for conservation purposes or to foster proficiency in small
arms or at a target pistol shooting competition under the auspices of or
approved by the national rifle association for the purpose of loading
and firing the same, by a person who has applied for a license to
possess a pistol or revolver and pre-license possession of same pursuant
to section 400.00 or 400.01 of this chapter, who has not been previously
denied a license, been previously convicted of a felony or serious
offense, and who does not appear to be, or pose a threat to be, a danger
to himself or to others, and who has been approved for possession and
use herein in accordance with section 400.00 or 400.01 of this chapter;
provided however, that such possession shall be of a pistol or revolver
duly licensed to and shall be used under the supervision, guidance and
instruction of, a person specified in paragraph seven of this
subdivision and provided further that such possession and use be within
the jurisdiction of the licensing officer with whom the person has made
application therefor or within the jurisdiction of the superintendent of
state police in the case of a retired sworn member of the division of
state police who has opted to make an application pursuant to section
400.01 of this chapter.
So I was right in that you can shoot someone else's handgun.
Thanks for that @siggy !

 

[Marine Cpl]

NY Penal Law section 265.20 deals with exemptions to the various "criminal possession of a weapon" charges.

One of the exemptions (7-a), allows those licensed to possess a pistol to use and possess another individual's licensed pistol, provided that they are at an actual range and that the licensed owner is present.

Article 265 Penal Law Firearms | Dangerous Weapons | NY Law

Cool. Thanks for that. The matter is settled then.

 

[C3D]

Wow we had to get to post 22 before the right answer. Lots of other people authoritatively giving the wrong one. Just goes to show, legal advice over the internet is worth what you pay for it.

 

[Greywolf224]

...This thread had all the possibilities of another all out battle. Before I got the pop corn popped it was over.

Anyone want popcorn?

 

[Deplorable Me]

How is it legal then to rent a handgun at a range?

 

[Marine Cpl]

Wow we had to get to post 22 before the right answer. Lots of other people authoritatively giving the wrong one. Just goes to show, legal advice over the internet is worth what you pay for it.

Most of the time, the law does not say what you can do. This was a rare exception. It was a good find.

This forum's track record is still quite good actually.

 

[Darth]

According to the law, you can't since your buddy's handgun isn't listed on your license. To have the exemption from prosecution of Possession of a Firearm, all conditions in Penal Law 400 have to be met.

We've all done it and no cop has ever been stupid enough to press the issue.

Do it in front of a cop then.

And yes, this is one of the rare times I have "done it in front of a cop." And he didn't give 2 shits. Hell, I let a cop shoot some of my stuff that day.

The cops at our permit class said it's completely illegal, but they do it all the time. That said, cops almost never know the law.

 

[ArmedCorgi]

Officer, that is clearly an image of a Berreta 92, not a Glock.