why would a 2nd amendment attorney post something like this leaving out an important part of it

[byron]

​

This is VERY IMPORTANT

Under New York State Penal Law Section 265.03(2), a person is guilty of Criminal Possession in the 2nd Degree when (2) such person possesses five or more firearms.
This is a Class C VIOLENT Felony, it carries a maximum of 15 years in state prison even for a first time offender.
What does that mean for you? Are you headed to the range with more than five weapons at a time? If you are, you could be charged under this section of the Penal Law.
This is why it’s important to know these laws and keep the conversation going!

left out Intend to use the weapon unlawfully against another,

AI Overview


New York State Penal Law Section 265.03(2) covers criminal possession of a weapon in the second degree, which is a class C felony. A person is guilty of this offense if they: Intend to use the weapon unlawfully against another, Possess a machine gun, Possess a loaded firearm, Possess a disguised gun, and Possess five or more firearms.

 

[Pale Rider]

Why did he say five or more weapons in the first sentence, and more than five in the third sentence?

 

[spat]

​

This is VERY IMPORTANT

Under New York State Penal Law Section 265.03(2), a person is guilty of Criminal Possession in the 2nd Degree when (2) such person possesses five or more firearms.
This is a Class C VIOLENT Felony, it carries a maximum of 15 years in state prison even for a first time offender.
What does that mean for you? Are you headed to the range with more than five weapons at a time? If you are, you could be charged under this section of the Penal Law.
This is why it’s important to know these laws and keep the conversation going!

left out Intend to use the weapon unlawfully against another,

AI Overview


New York State Penal Law Section 265.03(2) covers criminal possession of a weapon in the second degree, which is a class C felony. A person is guilty of this offense if they: Intend to use the weapon unlawfully against another, Possess a machine gun, Possess a loaded firearm, Possess a disguised gun, and Possess five or more firearms.

View attachment 239383

In NY rifle or shotgun isn't a firearm unless it has the forbidden features.

A firearm is a handgun or a rifle or shotgun with the features the safe act banned.

Possession of even one is illegal unless you hold the appropriate license, at which point you can have as many as you want, as long as they are listed on your license.

So, what this part means is that NY considers having 5 illegal handguns a much more serious crime than having 4.

Not sure it really makes a difference though, is one count of this more severe than 5 counts of rhe lesser crime ?

 

[stokes]

"why would a 2nd amendment attorney post something like this leaving out an important part of it"​

Just because he's a "2a atty" doent make him any less of a liar....er... I mean lawyer.

 

[pshift]

I'm confused ...

 

[2WheelGnnr]

So you cannot carry or take more that 5 firearms with you to a range or anywhere?? I have taken 5 many times going out to my BIL's to shoot with him...all on my permit and ammo and guns in seperate safe/cases?? really jeez........

 

[dsdmmat]

So you cannot carry or take more that 5 firearms with you to a range or anywhere?? I have taken 5 many times going out to my BIL's to shoot with him...all on my permit and ammo and guns in seperate safe/cases?? really jeez........

You cannot take any firearms to the range. Firearms are illegal in NY. You can take as many shotguns, rifles, and legal handguns ( on a license) as you want to the range though.

 

[Darth]

If that lawyer thinks it says that he should be disbarred.

SCOPE? I'll pass.

That's up there with

**BREAKING**

*NY JUDGE FURIOUS ABOUT...*

 

[spat]

You cannot take any firearms to the range. Firearms are illegal in NY. You can take as many shotguns, rifles, and legal handguns ( on a license) as you want to the range though.

A legal handgun is still a firearm.

Your permit exempts you from the illegal possession charge is all.

That's why you can carry every one you have listed on your permit to the range at once if you want to.

5 is illegal. 1 is even illegal. Unless you have license that says you're exempt.

This is like saying "driving 65mph on the thruway is illegal", and it is if you don't have a drivers license.

 

[MothMan]

Probably works out of Desmonds office.

 

[Acer-m14]

remember possession is just having in the house too

 

[FP1201]

​

This is VERY IMPORTANT

Under New York State Penal Law Section 265.03(2), a person is guilty of Criminal Possession in the 2nd Degree when (2) such person possesses five or more firearms.
This is a Class C VIOLENT Felony, it carries a maximum of 15 years in state prison even for a first time offender.
What does that mean for you? Are you headed to the range with more than five weapons at a time? If you are, you could be charged under this section of the Penal Law.
This is why it’s important to know these laws and keep the conversation going!

left out Intend to use the weapon unlawfully against another,

AI Overview


New York State Penal Law Section 265.03(2) covers criminal possession of a weapon in the second degree, which is a class C felony. A person is guilty of this offense if they: Intend to use the weapon unlawfully against another, Possess a machine gun, Possess a loaded firearm, Possess a disguised gun, and Possess five or more firearms.

View attachment 239383

Gotta read the whole Law: This is applied during the commission of a felony; Not having a Handgun Licenses IS the crime....IF it were illegal to have more than five handguns or firearms, then the whole fucking North Country would be indicted.

 

[Acer-m14]

Not having a Permission Slip IS the crime....

 

[Mr. terzmo]

In NY rifle or shotgun isn't a firearm unless it has the forbidden features.

A firearm is a handgun or a rifle or shotgun with the features the safe act banned.

Possession of even one is illegal unless you hold the appropriate license, at which point you can have as many as you want, as long as they are listed on your license.

So, what this part means is that NY considers having 5 illegal handguns a much more serious crime than having 4.

Not sure it really makes a difference though, is one count of this more severe than 5 counts of rhe lesser crime ?

5 firearms..10 rounds are both arbitrary numbers and are BS and should be tossed.

 

[TEOTWAWKI inc.]

5 firearms..10 rounds are both arbitrary numbers and are BS and should be tossed.

Agreed.

The limits should be 20 lbs of firearms, 10 gallons of ammunition, and no shooting within 75dB of a residence.

 

[RedBreast21]

Reading a law statue is very different from reading say a news paper. You can't just start in the middle, in this case to 265.03 you need context. You must read the entire statue for proper context.

 

[Acer-m14]

You can't just start in the middle, in this case to 265.03

265.00 is unconstitutional

 

[spat]

Reading a law statue is very different from reading say a news paper. You can't just start in the middle, in this case to 265.03 you need context. You must read the entire statue for proper context.

And you *also* need to read PL400 to undertsand what is legal or illegal in NY.

PL265 alone and all handguns are illegal period.