S&W645
NRA Life Member
I am talking about a resident of your state without a permit. Not me as a resident of Florida or Ohio. Can a resident of NY walk in, pay for the gun, and after the three day wait, walk out with it. And never need to register it with your state? If at any point it does have to be, it is seeking permission from your state. Your section 265.03 does place a restriction on you and you do have to have the permit if loaded. You can't have one loaded in your vehicle without your state's permission. Also not in your quoted section that just having 5 firearms in your possession is a felony without your state's permission.No. You can't walk into a store in NY and even touch a gun. But I can walk-in and buy the gun. And I have the amendment before the waiting period is up so there's no more of a delay in me picking up my gun than you... three days. And I have the receipts to prove it. This is nearly it's the same in nearly every state. You can't walk-in being a non-resident and just walk away with a handgun. I can sell my handgun to another person privately as long as they register the gun. Open carry is another thing. And Viagra is safer than open carry (ooooohhh!)... unless you take nitrates for chest pain.
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If you're gonna quote the law you have to get it right too. You ask "Why do I need my state's permission to carry a gun in my own home?" Well, actually that's not illegal. NY penal law exempts from prosecution persons using an illegal handgun within their own home for purposes of self defense. See the law below and People v. Raymond Zayas where he shot a LEO through the door with an illegal Glock as the officer was entering. The conviction was overturned on appeal because he was exempt. Now, in Florida, as in every state, you still need permission from the federal government in the form of BATFE Form 4473. Fail that BG check and no gun. So isn't this really just semantics? Doesn't everyone need permission to buy a gun at any retail outlet?
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NYS PL 265.03 - Criminal Possession of a Weapon - C felony
3. (3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.
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But AVP isn't talking about that, he's saying that those with a CCW permit need permission to buy a gun and it's just not so. Wanting it to be true isn't enough; it has to actually be true.
Now we go to .02 and find:A person is guilty of criminal possession of a weapon in the second
degree when:
(1) with intent to use the same unlawfully against another, such
person:
(a) possesses a machine-gun; or
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or
(2) such person possesses five or more firearms; or
(3) such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven of section 265.02 of
this article, constitute a violation of this subdivision if such
possession takes place in such person's home or place of business.
Criminal possession of a weapon in the second degree is a class C
felony.
So now just buying three firearms and taking them home is a felony in your state. If you didn't have a permit. Loaded or unloaded. And if you go to 265.01:§ 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third
degree when:
(1) Such person commits the crime of criminal possession of a weapon
in the fourth degree as defined in subdivision one, two, three or five
of section 265.01, and has been previously convicted of any crime; or
(2) Such person possesses any explosive or incendiary bomb, bombshell,
firearm silencer, machine-gun or any other firearm or weapon simulating
a machine-gun and which is adaptable for such use; or
(3) Such person knowingly possesses a machine-gun, firearm, rifle or
shotgun which has been defaced for the purpose of concealment or
prevention of the detection of a crime or misrepresenting the identity
of such machine-gun, firearm, rifle or shotgun; or
(5) (i) Such person possesses three or more firearms; or (ii) such
person possesses a firearm and has been previously convicted of a felony
or a class A misdemeanor defined in this chapter within the five years
immediately preceding the commission of the offense and such possession
did not take place in the person's home or place of business; or
(6) Such person knowingly possesses any disguised gun; or
...............
Criminal possession of a weapon in the third degree is a class D
felony.
Just having the firearm, period, is a crime in your state without the permit. Loaded, Unloaded, at home, in your business, in your car/truck. Sure does seem like it is a crime in your state to own any firearm that you haven't gotten a permit for. All the cop has to do is know the correct statute and just walking out of the store with a firearm means you have committed a crime if you don't have the permit.§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type
slingshot or slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or
(3); or
(4) He possesses a rifle, shotgun, antique firearm, black powder
rifle, black powder shotgun, or any muzzle-loading firearm, and has been
convicted of a felony or serious offense; or
(5) He possesses any dangerous or deadly weapon and is not a citizen
of the United States; or
(6) He is a person who has been certified not suitable to possess a
rifle or shotgun, as defined in subdivision sixteen of section 265.00,
and refuses to yield possession of such rifle or shotgun upon the demand
of a police officer. Whenever a person is certified not suitable to
possess a rifle or shotgun, a member of the police department to which
such certification is made, or of the state police, shall forthwith
seize any rifle or shotgun possessed by such person. A rifle or shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to the headquarters of such police department, or state police, and
there retained until the aforesaid certificate has been rescinded by the
director or physician in charge, or other disposition of such rifle or
shotgun has been ordered or authorized by a court of competent
jurisdiction.
(7) He knowingly possesses a bullet containing an explosive substance
designed to detonate upon impact.
(8) He possesses any armor piercing ammunition with intent to use the
same unlawfully against another.
Criminal possession of a weapon in the fourth degree is a class A
misdemeanor.
Now what does NY define as loaded? It sure isn't what anyone with common or ordinary sense would think. Nope, it doesn't have to have ammo in the gun. Nor does it even have to have it in a magazine. Just having the ammo with you makes it a loaded firearm.
From 265.00:
Firearm is defined as any gun with under a 18" barrel or 16" if a rifle other than an antique firearm. Again a screwed up definition that does not match Federal Law.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.
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.
And as for me personally touching the gun, yes I could. I carry the needed papers to touch and examine the gun, pay for it, and have it shipped to our store. The 4473 would be taken care of when I picked it up down here. Here in Florida, even if you are an out of state person, nothing prevents you from looking at or handling the gun unless you fail to meet the 4473 requirements. Then it would be on that non-resident felon's/mental case's/underage person's neck.