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Posted: 1/5/2003 11:28:19 AM EST
What is the "punishment" for being caught with unlicensed (in NYC you need a licesnse to own shotgun/rifle, and assault riffles are banned in NYC) shotgun or rifle in the NYC limits. And what would be the "punishment" for possessing an AR-15 or similar assault rifle in NYC limits?


Just curious... not saying I would ever break the law or anything.
Link Posted: 1/5/2003 11:56:26 AM EST
Death by public beheading!
Link Posted: 1/5/2003 11:58:42 AM EST
sadly enough, i wouldnt doubt that lol but does anyone know for real?
Link Posted: 1/5/2003 12:02:24 PM EST
[Last Edit: 1/5/2003 12:04:38 PM EST by shaggy]
Well for starters, there's that all expense paid trip to Rikers... I'm not 100% sure, but I think possession of an "assault weapon" in the city is a felony. If I get a chance (and can remember when I'm at the law library) I'll try to look it up this week.
Link Posted: 1/5/2003 12:04:54 PM EST
damn... i figured that. what about hunting rifles/shotguns?
Link Posted: 1/5/2003 1:23:43 PM EST
[Last Edit: 1/5/2003 1:26:32 PM EST by Vinnie]
Having a loaded, unlicensed/unregistered firearm in NYC can either be a misdemeanor or a felony. If is found in your home or place of business, it would be a misdemeanor. If it is found outside of your home it would be a felony. AR's, AK's and the like, are named as "assault weapons." They would be automatically considered a felony whether loaded or unloaded.
Link Posted: 1/5/2003 2:03:35 PM EST
What about handguns?
Link Posted: 1/5/2003 2:32:17 PM EST
you wouldnt go to rikers .. ny state policy is to now ship convicts from down state upstate .. danemora .. attica .. etc .. and upstate convicts downstate .. rikers ... ossining .. etc ... this keeps convicts contacts to a minimum .. the further you are away from your 'family' the less chance you have to do something bad from inside the bars ..
Link Posted: 1/5/2003 2:42:16 PM EST
Outside carries a mandatory sentence I forgot the actual but I think it's one year. NRA did a story a few years back about a guy who stopped a rape in process with his illegal handgun. He got a year and the would be rapists got probation. NYC justice.
Link Posted: 1/5/2003 2:52:33 PM EST
[Last Edit: 1/5/2003 2:54:42 PM EST by Concealed_NY]
Basically, it's a Class A Misdemeanor if you have an unregistered, [b]unloaded[/b] rifle, shotgun or handgun. It's the basic criminal charge relating to unlawful possession of an unloaded firearm. Believe it or not, a convicted felon cannot possess a rifle or shotgun either. If the above is true and the firearm is [b]loaded[/b] it's a Class D Felony.
Link Posted: 1/5/2003 3:07:48 PM EST
Vinnie, Hey Rook, leave the hard questions to the senior men. All NYC's gun law's, not NY State gun laws, are unclassified misdemeanor's of the City Administrative Code. In simple terms get a summons, a small fine or up to 15 days in jail. MIKE
Link Posted: 1/5/2003 3:20:29 PM EST
[Last Edit: 1/6/2003 5:55:58 PM EST by Phil_A_Steen]
Ok, all of the above answers were interesting but wrong. The following are all made illegal under the New York City Administrative Code and the penalties for each of the following are as set forth: Possession of a rifle/shotgun without a rifle/shotgun permit; possession of an unregistered rifle/shotgun (if you have a permit); possession of a rifle/shotgun ammunition feeding device with a capacity of more than 5 rounds (if you have a rifle/shotgun registered that accepts that magazine); possession of a pistol ammunition feeding device with a capacity of more than 17 rounds or that protrudes beneath the pistol grip (if you have a pistol registered that accepts that magazine); possession of any ammunition feeding device of any capacity (if you don't have a rifle/shotgun/pistol registered that accepts that magazine); and possession of ammunition (if you don't have a rifle/shotgun/pistol registered that accepts that caliber) -- It is a misdeameanor for all of the above, i.e., 1 year in prison + $5,000 fine + $10,000 civil fine. However, if it's your first offense, it is statutorily reduced to a lesser 15 (or 16 for some) days in jail + $300 fine + $1,000 civil fine. Note that none of the above are crimes under New York State law, only New York City law. Unregistered handguns are illegal under New York State Penal Code s.265. Generally, an unregistered handgun which is inside your house or unloaded outside your house is a Criminal Weapons Possession Fourth and Class A Misdemeanor, outside your house and loaded is Criminal Weapons Possession Third is a Class D felony. And to emphasize, hi cap pistol mags up to 17 rounds which don't protrude out of the grip are OK in New York City (if you have a permit). [Edited to correct the fine amounts as I typed those out of memory]
Link Posted: 1/5/2003 3:22:59 PM EST
I am having alot of trouble with my computer. Only half of my post was posted. Only the State of New York can put you in jail for more than 15 days. The NYC assault weapons ban is a local law, no state time. Same with their rifle/ shotgun laws. I am going to quit while I am ahead.MIKE
Link Posted: 1/5/2003 3:32:59 PM EST
Mike, you're almost correct - New York City can only do misdemeanors, not felonies. But it can do up to and including Class A.
Link Posted: 1/5/2003 4:07:03 PM EST
[url=http://www.nysrpa.org/nyc-admincode.pdf]NYC Code[/url]
Link Posted: 1/5/2003 4:14:36 PM EST
Having been a former resident of theEmpire statefrom Elmira to Albany and west to Little Valley /olean /salamanca don't forget that a NY state pistol permit is null and void in NYC and I believe vise versa Thats why I left...,mPool table permits for bars ect.,ect.,ect.... Damn shame finally got rid of the Coumo just to get the Hillary so sorry
Link Posted: 1/5/2003 7:00:27 PM EST
Originally Posted By mike103: Vinnie, Hey Rook, leave the hard questions to the senior men. All NYC's gun law's, not NY State gun laws, are unclassified misdemeanor's of the City Administrative Code. In simple terms get a summons, a small fine or up to 15 days in jail. MIKE
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Sorry Mike, couldn't help myself. The 4th (and FINAL) quarter exam included CPW in the Law section.
Link Posted: 1/5/2003 9:52:46 PM EST
[Last Edit: 1/5/2003 10:00:06 PM EST by fixxxer0]
thank you admins, u have been most helpful :) just one thing i want to clarify now... having a pre-ban AR-15 in NYC would be the same as a rifle/shotgun (unlicensed) in NYC, correct? 2 things i wanted to add... #1 those laws are pathetic, even if i wanted i couldn't register my 10/22... #2 and even if i did, my clips are illegal for it.... this is very sad news
Link Posted: 1/6/2003 7:20:44 AM EST
Originally Posted By fixxxer0: just one thing i want to clarify now... having a pre-ban AR-15 in NYC would be the same as a rifle/shotgun (unlicensed) in NYC, correct?
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An "assault weapon" is the same level of penalty as an unregistered rifle/shotgun. It's worth adding that NYC's definition of "assault weapon" is so broad as to encompass nearly every semiauto gun - it only has to have 1 forbidden feature, i.e., pistol grip is enough by itself to make it illegal. So even neutered post ban AR15s are illegal.
Link Posted: 1/6/2003 3:31:01 PM EST
Oh, boy! Its a good thing that I never got pulled over going to Calverton from NJ!!! At least I know you guys would get me some cigerettes into Rikers.
Link Posted: 1/6/2003 4:18:16 PM EST
Anyone can legally transport 'assault weapons' through NYC, even you Frank! [;)]
Link Posted: 1/6/2003 4:41:59 PM EST
Originally Posted By BuLLet: Anyone can legally transport 'assault weapons' through NYC, even you Frank! [;)]
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Non-residents are allowed up to 24 hrs in the city as long as the assault weapon is kept unloaded in a locked case. This includes driving through.
Link Posted: 1/6/2003 5:12:13 PM EST
Phil, You are right, the penalties are higher than I thought. I guess I got the one year and 15 days mixed up. But if you look at 10-303.1 Sub b you will see that violation of the assault weapons ban is a unclassified misdemeanor not a class A misdemeanor. This is important because you would be issued a simple criminal court summons, not fingerprinted, not photographed, no rap sheet and released. Mike.
Link Posted: 1/6/2003 5:57:08 PM EST
Mike103, I stand corrected. It is indeed an unclassified misdemeanor. That is also important because a Class A misdemeanor bars you from possessing weapons under New York state law for five years.
Link Posted: 1/6/2003 6:36:13 PM EST
Phil, It just comes down to the fact that if you are a gun person you can't live in NYC. It is a sad but true. MIKE.
Link Posted: 1/7/2003 5:10:15 AM EST
[Last Edit: 1/7/2003 5:11:31 AM EST by Phil_A_Steen]
Originally posted by Mike103: Phil, It just comes down to the fact that if you are a gun person you can't live in NYC. It is a sad but true. MIKE.
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I agree with that statement. [Edited to delete specifics of my current issue with NYPD license division] I've reached the end of my rope but I can't afford to leave NYC. Therefore, I am about to sue over this dispute I have with the pistol permit people. They pushed the wrong person.
Link Posted: 1/7/2003 7:05:45 AM EST
Phil, Save the legal fees for your new home. MIKE.
Link Posted: 1/7/2003 8:51:28 AM EST
NO! Someone has to take a stand sometime for everyone's benefit, otherwise it will just get worse.
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