NYPL Criminal Posession Weapon 4th Changes Effective 01-30-2012

Effective 01-30-2012.

NYS Penal Law

Article 265 - FIREARMS AND OTHER DANGEROUS WEAPONS

§ 265.01 Criminal possession of a weapon in the fourth degree. 12-15-2012

A person is guilty of criminal possession of a weapon in the fourth
degree when:

..................................

* (4) He possesses a rifle or shotgun and has been convicted of a
felony or serious offense; or
* NB Effective until January 30, 2012

* (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
* NB Effective January 30, 2012


NYS Penal Law

Article 265 - FIREARMS AND OTHER DANGEROUS WEAPONS

§ 265.00 Definitions.

As used in this article and in article four hundred, the following
terms shall mean and include:

..................................

17. "Serious offense" means (a) any of the following offenses defined
in the former penal law as in force and effect immediately prior to
September first, nineteen hundred sixty-seven: illegally using, carrying
or possessing a pistol or other dangerous weapon; making or possessing
burglar's instruments; buying or receiving stolen property; unlawful
entry of a building; aiding escape from prison; that kind of disorderly
conduct defined in subdivisions six and eight of section seven hundred
twenty-two of such former penal law; violations of sections four hundred
eighty-three, four hundred eighty-three-b, four hundred eighty-four-h
and article one hundred six of such former penal law; that kind of
criminal sexual act or rape which was designated as a misdemeanor;
violation of section seventeen hundred forty-seven-d and seventeen
hundred forty-seven-e of such former penal law; any violation of any
provision of article thirty-three of the public health law relating to
narcotic drugs which was defined as a misdemeanor by section seventeen
hundred fifty-one-a of such former penal law, and any violation of any
provision of article thirty-three-A of the public health law relating to
depressant and stimulant drugs which was defined as a misdemeanor by
section seventeen hundred forty-seven-b of such former penal law.
* (b) any of the following offenses defined in the penal law:
illegally using, carrying or possessing a pistol or other dangerous
weapon; possession of burglar's tools; criminal possession of stolen
property in the third degree; escape in the third degree; jostling;
fraudulent accosting; endangering the welfare of a child; the offenses
defined in article two hundred thirty-five; issuing abortional articles;
permitting prostitution; promoting prostitution in the third degree;
stalking in the fourth degree; stalking in the third degree; the
offenses defined in article one hundred thirty; the offenses defined in
article two hundred twenty.
* NB There are 2 par. b's
* (b) any of the following offenses defined in the penal law:
illegally using, carrying or possessing a pistol or other dangerous
weapon; possession of burglar's tools; criminal possession of stolen
property in the third degree; escape in the third degree; jostling;
fraudulent accosting; endangering the welfare of a child; the offenses
defined in article two hundred thirty-five; issuing abortional articles;
permitting prostitution; promoting prostitution in the third degree;
stalking in the third degree; stalking in the fourth degree; the
offenses defined in article one hundred thirty; the offenses defined in
article two hundred twenty.
* NB There are 2 par. b's

Sucks to be a felon.

Did they sneak in rubber-band gun in there this year too?

How about sharp sticks?

"Oh we want to talk about pointed sticks do we?"

Or a zillion other misdemeanors but all you really need is a "Certificate of Good Conduct" that you've been a good boy/girl to lawfully possess a long gun in NYS.

You could poke your eye out with a pointed stick.

Ah yes, for that fleeting moment there is nothing like seeing in front of you and your own face at the same time.

Is there any money to be made here? $$$$$$$$$.

Well that's going to put the ki-bosh a LOT of hunters up here.....I wonder how many will be arrested over a law they
knew nothing about? I wonder if some form of "relief" can be issued by a Judge?

Certainly I'm not defending convicted felons, and we've had an incident where a Trooper was shot by a felon with a muzzle loader, still it's throwing out the baby with the bath water.

In Civics we learned that a law could not be made to make something illegal just because someone was doing something lawfully in the first place, but this is NY where the Kings of the Royal Legislature do whatever they please without recourse while the peasants kneel and pay homage for being the possibility of being granted the privilege of exercising their God given rights.

Someone once said "there's a lot of people that shouldn't have guns, or children.....or oxygen." and I tend to agree.

Of course a big problem with the laws is that the legislature keeps creating more of the "prohibition" type laws; things that are illegal just "because". Many of those are also being moved up from misdemeanors to felonies, again just "because". IMHO, true crimes are still those that are basically evil by any definition; assault, rape, kidnapping, robbery, murder, etc. Basically crimes against civilized behavior that are wrong in any civilized society. Personally I would have no problem associating with a "felon" who became a felon because he had the wrong type of manufactured metal in his possession (30rnd magazine for example) versus a "felon" who robbed a family and killed several of them in the process. That second "felon" can burn in hell for all I care and should not even be walking the street.

What about compound bows?

Nice pants.

Our pants never fell down in the 70s!

Does this also change NYS requirements to purchase MLs, BPs etc that the feds don't consider a need for NICS? I bought my BP rifle online. All I had to do was show UPS guy I was 18 or over and sign for package. Shops just ask for NYS ID.

No.

Only in NY can a bear killin' bow be legal but a wrist braced slingshot or your smelly sock filled with sand get you cuffed and stuffed.

I saw a wrist rocket for sale in a local gunshop

Except that this revision is not retroactively criminalizing any act or calling on any entity to prosecute anybody for actions not previously criminal.

The actions that resulted in the underlying conviction which results in disqualification under the current section were criminal when they were committed. The individual can not be prosecuted for such possession between the time of conviction and the effective date- such prosecution would be ex post facto in nature. From the effective date forward, possession of the same implement is criminal.

LEO only section...?

There must be some mentality, or perhaps conspiracy that's causing the Legislature to make damn near everything a felony. Perhaps they know the shit's coming, and are trying to dis-arm, and place controls over everyone they can in advance.

Face it, there are things you can be arrested for that most don't even know about; are these laws tools for law enforcement to use to get undesirable people off the street? if so, how can these be used when "profiling" isn't allowed?

I don't mean to sound soft on crime because I'm not, it's just that there is too much prior restraint in NY.

Like to know myself. My step-son fell into the wrong crowd and started stealing metal in an abandon building, sentenced to 3-7 years.
Now that he's home on parole, living with my ex-wife, he spends allot of time talking to me.
I raised him since he was 6 month old. Took him hiking, camping, fishing and got him into 4-H shooting club.
He's never met his real father and made it clear that he hated me for being strict and not being his father.

The boy got bumped to prisons in the Adirondacks, down to Coxsackie & others, got to live with the worst of the worst. He's come back a man with totally different attitude and will be going to college soon. He asked me how long it would be before he could have a firearm and go shooting again. Broke my heart to tell him it not happening. We used to shoot bow together at the local club and he'd love to do it again if he can.

Tell him to live a straight life for 10 years, be a man, and apply to court for a certificate of relief at that point. There's a chance he can get it back.

Everything is a felony now because every new law passed is someone's political pet and they think a charge has to be a felony to mean anything, partially because in the city and downstate they hardly even bother with prosecuting misdemeanors. If you kick me in the balls it's at most 15 days in jail but if you call me on the phone and call me a cock sucker it's a year in the pokey, you can guess which law was passed earlier.

Duly noted.

*writes this down on a stickey note

We have a large poaching family adjacent to our hunting property in Delaware county.

All convicted felons, burglary, multiple DWI's, domestic violence, child abuse, stolen cars, stolen guns, stolen snow mobiles, stolen ATV's, stolen motorcycles, assault, reckless endangerment shooting at wives, neighbors, cars ect.......

They can't own firearms so last year they began using black powder guns.

Now their fucked.

Bows only for them.

Good.

I can tell you from having lived many years up here in God's Country that your ex con poaching asshole neighbors will not worry for two seconds about this change in the law. The only people who will pay attention to this law are law abiding felons who have convictions from years ago. The only people who will be caught will be dumbass guys who get turned in by pissed off ex girlfriends for having a muzzle loader.

Your 100% in everything you are saying. We have been battling this family/ group of family's for 39 years that I have been hunting and part owner of the property.

They caught three of the younger kids with a turkey, beer, unregistered, uninsured truck, stolen gun the day before opening day.

They are just assholes. They have to hunt the day before just to show they can.

The State Police made the pinch but the town cop showed up. He explained that one of them was on parole and a real badass. The Troopers contacted ATF and asked a favor. AFT responded a took the parolee for federal violation of having a firearm while on parole and being a domestic violence violator. He has not been back since.

The rest of the season they made a big deal showing everyone in town that they bought a black powder shotgun. When deer season came the announced that they all only hunt with bows now except the kids who have never been arrested.

Last week of the deer season people in town who have had enough of them gave the town cop trail cams showing two of them that are not allowed to have gun carrying guns and trespassing. Where that investigation has gone I don't know.

These mother fuckers have even called the police on other town people accusing them of poaching.

Their property is a dump with two trailers and a old house/ shack.

What county was he convicted in?

I was in Oswego County court and I saw someone get a certificate for relief of civil disabilities at the same time he plead to a felony. The judge entered the conviction then issued the relief.

Well then you do be sure someone makes copies of the new law and anonymously sends it to all parties concerned.

Yep, sure sounds like a new law ought to stop them.

I hear that places like that sometimes have faulty wiring.

I have seen them for sale locally in shops frequently by LE.

Wait a minute, are you telling me that I cannot own a fucking slingshot up here? I was floored when I was told I couldn't even bring my black powder pistols up here until I get a permit. I am going to lose my mind.

Wrist rockets are a misdemeanor in NY

you might as well go to some remote mountaintop village in Afghanistan and tell them to stop treating their women like shit. Unless they get out and go to college, the military or some kind of union work that takes them out of town it's the same old same old. Surprised the feds did anything seems like they have a hard on for kiddie porn but don't care about crack dealers with sawed off shotguns. I don't think I have ever seen anyone prosecuted for sawed off rifles, shotguns or stolen pistols by the feds. They do seem to occaissionally grab felons in possession though. Might be better downstate there is still some hard feeling between the locals and feds for a buy the feds tried that turned into a mess of a shoot out at a grocery store years and years ago.

I have watched three generations of them grow up. No success stories yet.

The woman work as bartenders/ waitress and make babies while collecting welfare.

The men drink, smoke weed, beat their wives, hunt, fish, and work as wood cutters.

This is in the eastern part of Delaware county. The local cop is very very good and well respected. I think it was only because of him that the one kid is gone.

I understand what you are saying but any tool with assholes like these will help.

Hunting and fishing is their entire life. Some of them have mended their ways a bit when their privilege to hunt was revoked.

The sad part is they are really good outdoorsmen. They don't need to cheat. They are just compelled to act like outlaws.

No moonshiners?

Lewis would know what to do.

Aimless, you can correct me if I am wrong but the prohibition on wrist rockets only criminalizes possessings slingshots with a wrist brace. Traditional Y-Fork slingshots without the brace would not be illegal.

Non-wrist braced slingshots are OK. Just don't have any sand in your socks at the beach.

§ 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

I've heard the same thing.....and leaky kerosene heaters also. They've also been known to be negligent with their handling of yankee candles and road flares.

Okay…. so how many of you have most of what's on that list?

I thought it was discussed here that switchblades were ok "while hunting"?

there is an exception somewhere for use while hunting and fishing, don't ask me to find it at midnight. I have never seen anyone actually whip out a switchblade to gut a rabbit

*cough* me *cough*

Firearms (assault weapons, pistols, revolvers etc.), switchblades, gravity knives etc. are illegal to possess, transport, manufacture etc. unless there is an exemption provided for in the PL. In the case of a switchblade the exemption to posesss is:

§ 265.20 Exemptions.

a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:

..................

6. Possession of a switchblade or gravity knife for use while hunting,
trapping or fishing by a person carrying a valid license issued to him
pursuant to section 11-0713 of the environmental conservation law.

Was he a Jet or a Shark?

According to the law, those sandbags that people put in their cars in the winter are a big no-no.

anyone know what the penalty for crim pos 4th degree is?

I heard you have to spend an evening with Andrew Cuomo, but that sounds unconstitutional.

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