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

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fskimospy

Elite Member
Mar 10, 2006
83,718
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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.

That's not what the law says at all. It says so long as it will not preclude a conviction on subdivision 3 of 265.01, which reads:

(3) He or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon a building or grounds, used for educational
purposes, of any school, college or university, except the forestry
lands, wherever located, owned and maintained by the State University of
New York college of environmental science and forestry, or upon a school
bus as defined in section one hundred forty-two of the vehicle and
traffic law, without the written authorization of such educational
institution; or

Just stop digging.
 

HumblePie

Lifer
Oct 30, 2000
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440
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To point out, I KNOW what the intent of the law is suppose to be. I'm pointing out that it is either badly written or has typo/grammatical errors. Such errors can lead to a wrong interpretation of the intent of the law.
 

fskimospy

Elite Member
Mar 10, 2006
83,718
47,407
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To point out, I KNOW what the intent of the law is suppose to be. I'm pointing out that it is either badly written or has typo/grammatical errors. Such errors can lead to a wrong interpretation of the intent of the law.

It is neither badly written nor does it have a typo or grammatical error in that section. There is no way to incorrectly interpret the law, it is perfectly clear.

You only read part of the law and drew an incorrect conclusion. End of story.
 

Doppel

Lifer
Feb 5, 2011
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OK I read exemptions. It does absolutely appear to me that a resident alien of NY cannot legally have a gun unless they have a valid hunting license.

In .01 it is a crime to have a gun without being a citizen. In exemptions:

Possession of a rifle, shotgun or longbow for use while hunting,
trapping or fishing, by a person, not a citizen of the United States,
carrying a valid license issued pursuant to section 11-0713 of the
environmental conservation law.
 

Fern

Elite Member
Sep 30, 2003
26,907
173
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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.

No. The clause is properly written.

There are two circumstances under section 265.01-b where possession is a felony.

1. You have a firearm, or
2. you have a firearm legally purchased previous to the new law.

AND

You fail to register either.

IMO, the law is possibly redundant. Number 1 would seem sufficient to cover number 2. However, I believe number 2 was added to make it real clear that firearms legally purchased prior to this new law must be registered under this new law. In the absence of specifically stating older guns must be registered you might have court challenges on it. There might even be some case law precedent in their favor.

Fern
 
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HumblePie

Lifer
Oct 30, 2000
14,667
440
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So now you have to pay for a license for the privilege of owning a handgun legally then according to the exemptions.
I see I missed that one part of the exemptions. So possession of a handgun isn't an automatic felony so long as you have it licensed to be owned by you under section 400.00.

That seems a bit of an undue infringement.
 

Doppel

Lifer
Feb 5, 2011
13,306
3
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So now you have to pay for a license for the privilege of owning a handgun legally then according to the exemptions.
I see I missed that one part of the exemptions. So possession of a handgun isn't an automatic felony so long as you have it licensed to be owned by you under section 400.00.

That seems a bit of an undue infringement.
Federal law treats resident aliens (green card holders) the same as citizens for gun laws with very few exceptions, I think there was some 90 day clause that was recently removed.

However, this law seems like it's downgrading a resident alien to status of a non-resident (e.g. a filthy Canadian travelling to the state). If it is, I'm sure it's not constitutional (on the federal level).
 

Fern

Elite Member
Sep 30, 2003
26,907
173
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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.

Look closely, the "preclude" part applies only to subdivision 3 of section 265.01

I.e., even if you have a license you can be convicted of carrying on school property.

Fern
 

fskimospy

Elite Member
Mar 10, 2006
83,718
47,407
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So now you have to pay for a license for the privilege of owning a handgun legally then according to the exemptions.
I see I missed that one part of the exemptions. So possession of a handgun isn't an automatic felony so long as you have it licensed to be owned by you under section 400.00.

That seems a bit of an undue infringement.

You think gun licensing is an undue infringement? Lots of states have firearm registration statutes and have for quite a long time now.
 

HumblePie

Lifer
Oct 30, 2000
14,667
440
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You think gun licensing is an undue infringement? Lots of states have firearm registration statutes and have for quite a long time now.

No, they have licensing for using a firearm in public. Not for ownership. THAT is undue infringement.
 

Fern

Elite Member
Sep 30, 2003
26,907
173
106
So now you have to pay for a license for the privilege of owning a handgun legally then according to the exemptions.
I see I missed that one part of the exemptions. So possession of a handgun isn't an automatic felony so long as you have it licensed to be owned by you under section 400.00.

That seems a bit of an undue infringement.

I would imagine there will court challenges if the permits are too hard to get or too expensive. And if they are, I wouldn't be surprised it the law was struck down.

Fern
 

fskimospy

Elite Member
Mar 10, 2006
83,718
47,407
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I would imagine there will court challenges if the permits are too hard to get or too expensive. And if they are, I wouldn't be surprised it the law was struck down.

Fern

Very unlikely. The most likely thing in that case would be that the registration requirements would be struck down or modified, not the whole law.
 

HumblePie

Lifer
Oct 30, 2000
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440
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Ugh, licensing requires having a third party in authority of some sort swear you are of good moral character. Whatever the hell that can be interpreted as. You also have to provide a picture of yourself to be kept on file. Depending upon where you live, a firearms safety course must be taken as well.
 

fskimospy

Elite Member
Mar 10, 2006
83,718
47,407
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I would imagine there will court challenges if the permits are too hard to get or too expensive. And if they are, I wouldn't be surprised it the law was struck down.

Fern

Also, from what I'm reading at least at first glance, the registration fee is $3.
 

HumblePie

Lifer
Oct 30, 2000
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440
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Untrue, other areas have licensing requirements for simple ownership as well.

INCORRECT. Ownership of a firearm does not require a license anywhere in the US right now. It will on March 16th in NY though. That is an infringement.
 

HumblePie

Lifer
Oct 30, 2000
14,667
440
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LOL, applications for a license can have up to a 6 month delay before they are even looked at according to section 400.00.

Also handguns can not be brought into NYC unless with special permission and in a locked container but only for transport through the city. This shit gets better and better.
 
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michal1980

Diamond Member
Mar 7, 2003
8,019
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liberals against voter id because it can discriminate against poor/black/etc.

no problems with infringing on gun owner rights.

hypocrits
 

fskimospy

Elite Member
Mar 10, 2006
83,718
47,407
136
INCORRECT. Ownership of a firearm does not require a license anywhere in the US right now. It will on March 16th in NY though. That is an infringement.

Incorrect. Ownership of any firearm in Chicago requires a permit, regardless of location. Handguns are in fact illegal everywhere except within your home, but all guns of any type must be registered for ownership.