Is it me or does the new NY gun laws actually ban all handguns now?

[HumblePie]

http://ypdcrime.com/penal.law/article265.htm

That is the link to the new laws as it was voted on. You can click on section 265.00 for definitions. I'll post what those are.

Looking at definition 3 we have the definition of a firearm.

3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a rifle
having one or more barrels less than sixteen inches in length; or (d)
any weapon made from a shotgun or rifle whether by alteration,
modification, or otherwise if such weapon as altered, modified, or
otherwise has an overall length of less than twenty-six inches; or (e)
an assault weapon. For the purpose of this subdivision the length of the
barrel on a shotgun or rifle shall be determined by measuring the
distance between the muzzle and the face of the bolt, breech, or
breechlock when closed and when the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the distance
between the extreme ends of the weapon measured along a line parallel to
the center line of the bore. Firearm does not include an antique
firearm.

So ANY pistol or revolver is a now defined as a firearm.

Now click on the 265.01-b for what defines Criminal Possession of a Firearm. Under 265.01-b section 1 we have the following.

§ 265.01-b Criminal possession of a firearm.
A person is guilty of criminal possession of a firearm when he or she:
(1) possesses any firearm or;

Scroll down a bit and you get this little tidbit. Criminal possession of a firearm is a class E felony

Edit...

As pointed out by others, the Exemption section states that if you possess a license given out under the rules of section 400.00 then you would be exempt from charges related to section 265.01 for possessing a handgun. However, reading the hoopla you have to do for a license is a bit of an undue process there and infringement.

 

[Puddle Jumper]

That's a good thing, the Supreme Court already ruled blanket handgun bans unconstitutional so it should be easy to get this law struck down.

 

[Doppel]

Yes, that's how I read it. I have no legal training, so maybe I'm missing something, but I don't find it confusing to read; it's quite clearly worded:

A firearm is any pistol or revolver and possession of it is a Grade E felony.

 

[MomentsofSanity]

http://ypdcrime.com/penal.law/article265.htm

That is the link to the new laws as it was voted on. You can click on section 265.00 for definitions. I'll post what those are.

Looking at definition 3 we have the definition of a firearm.



So ANY pistol or revolver is a now defined as a firearm.

Now click on the 265.01-b for what defines Criminal Possession of a Firearm. Under 265.01-b section 1 we have the following.



Scroll down a bit and you get this little tidbit. Criminal possession of a firearm is a class E felony

So if I am reading that law right, owning any handgun is now a felony come March 16th. Oh, and don't forget there is no LEO exceptions in this law that I can find either. Way to go NY!!! You made every police officer in your state a felon.

Nope it's just you.

* § 265.01-b Criminal possession of a firearm.
A person is guilty of criminal possession of a firearm when he or she:
(1) possesses any firearm or; (2) lawfully possesses a firearm prior to
the effective date of the chapter of the laws of two thousand thirteen
which added this section subject to the registration requirements of
subdivision sixteen-a of section 400.00 of this chapter and knowingly
fails to register such firearm pursuant to such subdivision.
Criminal possession of a firearm is a class E felony.
* NB Effective March 16, 2013

 

[HumblePie]

Nope it's just you.

There is that OR clause in there that separates part 1 and 2 of that.

 

[chucky2]

I don't think even the Pols in NY are that insane (that's quite a benefit of doubt I'm giving them...but I feel generous today), there must be some kind of exception or other qualifying statements there, else why all the verbiage from the other thread on limiting to 7 round mags? No need to even talk about that if they're just straight out outlawed.

Chuck

 

[Doppel]

Oh, I just saw this:

(5) He possesses any dangerous or deadly weapon and is not a citizen
of the United States; or

There is no definition of "dangerous weapon" here, but I assume it includes a gun.

This would mean that now a resident alien cannot possess a gun in New York, which of course is in direct contradiction to federal law. Further, no Canadians will be hunting in NY state with a weapon.

 

[Doppel]

Nope it's just you.

You don't know what "Or" means?

 

[MomentsofSanity]

You don't know what "Or" means?

3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter; provided, that such a license shall not preclude a
conviction for the offense defined in subdivision three of section
265.01 of this article.

I know what that means.

 

[Fern]

No, I don't think so.

First, criminal possession is a misdemeanor. The felony was for knowingly/willingly failure to register a gun owned previous to the new rules. Presumably, all guns (legally) purchased subsequent to the new law will automatically be properly registered etc.

Section 265.20 is a long list of exemptions, perhaps there is something there about it being OK to own a properly registered/permitted handgun.

Also note that section 265.40 states that it is legal for NYers to purchase handguns out-of-state and then bring them into NY. That would seem odd if all handguns were illegal under all circumstances.

I'd need to check section 265.20 to see if there were any exemption relevant to the ave person.

Fern

 

[Doppel]

Criminal possession of a weapon in the third degree...A person is guilty of criminal possession of a weapon in the third degree when:... Such person possesses three or more firearms

Honestly, this is so silly I think either we're completely missing something huge here OR that website is bullshit without the actual bill

 

[fskimospy]

I strongly suggest you continue to read the law until you get to the section titled:

S 265.20 Exemptions

Come on guys, if you're going to try and read the law why don't you actually... you know... read the law? You should certainly do this before calling the people who wrote it stupid.

 

[HumblePie]

No, I don't think so.

First, criminal possession is a misdemeanor. The felony was for knowingly/willingly failure to register a gun owned previous to the new rules. Presumably, all guns (legally) purchased subsequent to the new law will automatically be properly registered etc.

Section 265.20 is a long list of exemptions, perhaps there is something there about it being OK to own a properly registered/permitted handgun.

Also note that section 265.40 states that it is legal for NYers to purchase handguns out-of-state and then bring them into NY. That would seem odd if all handguns were illegal under all circumstances.

I'd need to check section 265.20 to see if there were any exemption relevant to the ave person.

Fern

I know what the INTENT was. I was pointing out there is a "typo" or something very like it if you will if you read that article as of right now. It clearly states that possession of any firearm is a felony with the way it broke out the clauses.

 

[Doppel]

No, I don't think so.

First, criminal possession is a misdemeanor. The felony was for knowingly/willingly failure to register a gun owned previous to the new rules. Presumably, all guns (legally) purchased subsequent to the new law will automatically be properly registered etc.

Section 265.20 is a long list of exemptions, perhaps there is something there about it being OK to own a properly registered/permitted handgun.

Also note that section 265.40 states that it is legal for NYers to purchase handguns out-of-state and then bring them into NY. That would seem odd if all handguns were illegal under all circumstances.

I'd need to check section 265.20 to see if there were any exemption relevant to the ave person.

Fern

There you go The exemptions actually alleviate much of what was above. Like I said, not an attorney!

 

[fskimospy]

Exemptions of specific interest to the OP:

(b) Police officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
(c) Peace officers as defined by section 2.10 of the criminal
procedure law.
(d) Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal law,
regulation or order to possess the same.
3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter; provided, that such a license shall not preclude a
conviction for the offense defined in subdivision three of section
265.01 of this article.

 

[fskimospy]

I know what the INTENT was. I was pointing out there is a "typo" or something very like it if you will if you read that article as of right now. It clearly states that possession of any firearm is a felony with the way it broke out the clauses.

It really, really doesn't say that.

At all.

 

[MomentsofSanity]

Exemptions of specific interest to the OP:

(b) Police officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
(c) Peace officers as defined by section 2.10 of the criminal
procedure law.
(d) Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal law,
regulation or order to possess the same.
3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter; provided, that such a license shall not preclude a
conviction for the offense defined in subdivision three of section
265.01 of this article.

Ding ding ding.

 

[HumblePie]

It really, really doesn't say that.

At all.

It really, really, does say that. Unless I cut & paste then bolded something that was just removed from that link.

The intent was not to classify any registered firearm as a felony. But the way it is written in the law doesn't do that correctly by 265.01-b. A proper wording there or grammatical change would have fixed it. Otherwise the interpretation could be taken quite literally.

 

[Fern]

-snip-
Nope it's just you.

* § 265.01-b Criminal possession of a firearm.
A person is guilty of criminal possession of a firearm when he or she:
(1) possesses any firearm or; (2) lawfully possesses a firearm prior to
the effective date of the chapter of the laws of two thousand thirteen
which added this section subject to the registration requirements of
subdivision sixteen-a of section 400.00 of this chapter and knowingly
fails to register such firearm pursuant to such subdivision.
Criminal possession of a firearm is a class E felony.
* NB Effective March 16, 2013

That law, 265.01-b, basically makes it a felony to not register a gun.

But we still have section 265.01 that makes it a misdemeanor crime to own/posses a (hand)gun.

I suspect there is another section in addition to 265 which details legal ownership of a (hand)gun in NYS. Frankly, I think it utterly impossible for NYS to simply outlaw all handguns. That would be direct conflict with the Heller case where SCOTUS ruled we have a right to handguns for self-defense purposes.

Fern

 

[MomentsofSanity]

That law, 265.01-b, basically makes it a felony to not register a gun.

But we still have section 265.01 that makes it a misdemeanor crime to own/posses a (hand)gun.

I suspect there is another section in addition to 265 which details legal ownership of a (hand)gun in NYS. Frankly, I think it utterly impossible for NYS to simply outlaw all handguns. That would be direct conflict with the Heller case where SCOTUS ruled we have a right to handguns for self-defense purposes.

Fern

Yeah I failed to put in the second part I posted after. Didn't want to edit it in as people had already responded.

 

[Fern]

Exemptions of specific interest to the OP:

(b) Police officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
(c) Peace officers as defined by section 2.10 of the criminal
procedure law.
(d) Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal law,
regulation or order to possess the same.
3. Possession of a pistol or revolver by a person to whom a license
therefor has been issued as provided under section 400.00 or 400.01 of
this chapter; provided, that such a license shall not preclude a
conviction for the offense defined in subdivision three of section
265.01 of this article.

Ahh, good boy. You found it.

Fern

 

[HumblePie]

Ding ding ding.

Umm, you do see in the exemption the words not preclude right? That being an officer or military member or any other of those other exemptions won't preclude a felony possession from section 265.01. Meaning you can be a cop and still have a felony firearm charge.

 

[fskimospy]

It really, really, does say that. Unless I cut & paste then bolded something that was just removed from that link.

The intent was not to classify any registered firearm as a felony. But the way it is written in the law doesn't do that correctly by 265.01-b. A proper wording there or grammatical change would have fixed it. Otherwise the interpretation could be taken quite literally.

Did you read my other post?

It really, really doesn't say that. It only says that if you don't read the entire law.

Section S 265.20 Exemptions clearly states it applies to section 265.01, and clearly states exemptions not only for police officers but for people with licensed firearms. So what this does is criminalize possession of a firearm without a license, but that's nothing new.

Seriously, be sure to do your homework before calling people stupid.

 

[michal1980]

I read it like OP.

Supreme court should strike the whole crap bill out

 

[HumblePie]

Did you read my other post?

It really, really doesn't say that. It only says that if you don't read the entire law.

Section S 265.20 Exemptions clearly states it applies to section 265.01, and clearly states exemptions not only for police officers but for people with licensed firearms. So what this does is criminalize possession of a firearm without a license, but that's nothing new.

Seriously, be sure to do your homework before calling people stupid.

such a license shall not preclude a
conviction for the offense defined in subdivision three of section
265.01 of this article.


Preclude = prevent from happening.

So to reword that.

such a license shall not prevent from happening a
conviction for the offense defined in subdivision three of section
265.01 of this article.