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Posted: 10/10/2003 9:08:15 PM EDT
Hey everybody I'm going to be moveing to upstate New York this upcomeing summer, but I'm not sure about all the gun laws New York has. From what I have head you have to register your "asault rifles" and hand guns but is this it? Other then full auto is there any gun type restrictons for New York that say what you can't own?
josh-
Link Posted: 10/11/2003 5:32:14 AM EDT
[Last Edit: 10/11/2003 5:33:05 AM EDT by GunnyG]
Look here for info: www.nysrpa.org/nygunlaws.htm

Other than NYC:

Handguns do have to be registered
www.troopers.state.ny.us/Firearms/FAQs/Relocate.html.

Where are you moving to? We may be able to put in contact with a dealer who will store your pistols until you're licensed. You may also leave them at the local sheriff's office while awaiting approval[/shudder].

Rifles & Shotguns are not a problem. Prebans and Postbans are okay as well, you just won't be able to enjoy the relief of Sept 15, '04, when the federal AWB sunsets.



Link Posted: 10/11/2003 7:48:53 AM EDT
It's pretty much as GunnyG said except about leaving your handguns in the care of the Sheriff. You can't really do that because the NYSP have established a rule that your handguns are required to be shipped to a NYS dealer who will have them entered into the NYSP registration system.
Link Posted: 10/11/2003 4:09:32 PM EDT
[Last Edit: 10/11/2003 4:23:18 PM EDT by GunnyG]
Here's what I was thinking of when I made that statement:

From www.ocshooters.com/Gen/firearms-turnin-receipt.html
What do you have to turn in to the Sheriff's Department.

-Any handgun that you do not have a license for. You can turn the handgun in and have it transferred to an FFL for resale. (You still get to keep the money.)

-Any type of gun that has been illegally modified to turn it into an illegal firearm such as defaced serial numbers, barrel shortened to an illegal length or a gun that has been modified to fire in full automatic fire. (Some old guns do not have serial numbers or they are hard to find so just because it does not have a serial number does not mean that you should turn it in.)

What do you do to turn in a gun.
-Make sure that the gun is unloaded and secure.
-Get the make model and serial number of the gun(s). (Some guns, especially long guns, that are old do not have serial numbers.)
-Call the the Orange County Sheriff's Office at 291-7687 to arrange an appointment. They will give you additional instructions.
-When you turn in the gun(s) they will give you a receipt. (See below.)
-If the gun is legal, you can arrange for it to be transferred to an FFL.


He cites this pasage of NY law:

S 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:
(f) A person voluntarily surrendering such weapon, instrument, appliance or substance, provided that such surrender shall be made to the superintendent of the division of state police or a member thereof designated by such superintendent, or to the sheriff of the county in which such person resides, or in the county of Nassau or in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of Suffolk to the commissioner of police or a member of the police department thereof designated by such commissioner, or if such person resides in a city, town other than one named in this subparagraph, or village to the police commissioner or head of the police force or department thereof or to a member of the force or department designated by such commissioner or head; and provided, further, that the same shall be surrendered by such person in accordance with such terms and conditions as may be established by such superintendent, sheriff, police force or department. Nothing in this paragraph shall be construed as granting immunity from prosecution for any crime or offense except that of unlawful possession of such weapons, instruments, appliances or substances surrendered as herein provided. A person who possesses any such weapon, instrument, appliance or substance as an executor or administrator or any other lawful possessor of such property of a decedent may continue to possess such property for a period not over fifteen days. If such property is not lawfully disposed of within such period the possessor shall deliver it to an appropriate official described in this paragraph or such property may be delivered to the superintendent of state police. Such officer shall hold it and shall thereafter deliver it on the written request of such executor, administrator or other lawful possessor of such property to a named person, provided such named person is licensed to or is otherwise lawfully permitted to possess the same. If no request to deliver the property is received by such official within two years of the delivery of such property, such official shall dispose of it in accordance with the provisions of section 400.05 of this chapter

with this form
:


Link Posted: 10/11/2003 6:57:22 PM EDT
Ok, that helps alot. That really sucks they have it set up that the AWB sunset won't afect New York. Right now I'm in Ohio but I belive around July or August I'll be stationed over at Fort Drum. Don't have any handguns at the moment so that won't be to big of a problem, at least you guys have concealed cary. I'm not 21 yet so if I were to get a handgun before I have to go would there be anyway I could take it with me and have it in my posesion?
Link Posted: 10/11/2003 7:05:44 PM EDT

Originally Posted By setlab:
...around July or August I'll be stationed over at Fort Drum. ...




From www.drum.army.mil/mustknow/mustknow.htm
Private Weapons

In New York State it is a criminal offense, punishable by a year in jail and a $1000 fine, to possess a privately-owned handgun in your residence or on your person unless you have been issued a New York State pistol permit. The only exception is for unloaded antique and replica muzzle-loading pistols and cap-and-ball revolvers.

Handguns may be brought to Fort Drum from an overseas assignment if they are shipped with household goods or hold baggage shipment as authorized by Chapter 13, AR 55-71. However, upon arriving at Fort Drum, handgun owners must contact the Military Police at (315) 772-5156 or (315) 772-5157. Let them know handguns are coming. When the shipment arrives, notify the Jefferson County Sheriff's Department at (315) 786-2711. Advise them of your weapon information (i.e. type, caliber, serial number) and follow their instructions. Until they are properly registered, handguns must be stored in unit arms rooms.

While there is no requirement to register rifles and shotguns in New York, there is a requirement to register them, and other dangerous weapons (i.e. pellet and BB guns and any other weapon that fires a projectile) on Fort Drum, and if you live in off-post Army Community Housing.


Link Posted: 10/11/2003 7:22:30 PM EDT
Link Posted: 10/12/2003 5:36:55 AM EDT
[Last Edit: 10/12/2003 6:07:17 AM EDT by rkbar15]
There is a provision in the penal law to turn in illegal weapons in your possession. It's usually used for war souvenirs and other handguns of unknown origin. I don't think you'll ever see your handgun collection again if you try that route.

Even through you won't see these regulations in the Penal Law the NYSP have been authorized under the law to establish regulations related to handgun possession and licensing in NY. You may find some discrepancies between their regulations and the Penal Law. The only thing I can tell you if you don't comply with their regulations the licensing officer (Judge) may deny or revoke your permit.

From the NYSP FAQ.

Q - How does the law apply to licensed individuals from other states who move to New York and wish to posses their handguns here?

New York State currently has no reciprocal agreements with any other states and does not recognize any other state's licenses. It would be unlawful for an individual to move to New York State and possess handguns in the state without first being licensed by the county in which the individual will reside.

There are two options for individuals already in possession of handguns in their home state.

They must either leave the weapons in the possession of an individual in their home state who may lawfully possess them until such time as the owner can legally possess them in New York State, or

They may leave them in the possession of a licensed gun dealer in their home state who would be willing to hold them until that individual can lawfully possess them in New York State.

In either case, the weapons can only be lawfully brought into New York State via a licensed dealer in the home state shipping them to a licensed dealer in New York State from whom the owner may take possession.

Weapons personally brought into New York by the owner would result in forfeiture of the weapon and possible criminal charges brought against the owner.

Link Posted: 10/12/2003 7:33:29 PM EDT

Originally Posted By setlab:
Ok, that helps alot. That really sucks they have it set up that the AWB sunset won't afect New York. Right now I'm in Ohio but I belive around July or August I'll be stationed over at Fort Drum. Don't have any handguns at the moment so that won't be to big of a problem, at least you guys have concealed cary. I'm not 21 yet so if I were to get a handgun before I have to go would there be anyway I could take it with me and have it in my posesion?




there is only CCW for leo's and those who know people.. NY is supposed to be "shall issue" for ownership papers, but you have to be a fucking saint to get one. i have been effectively denied even though there is no legal grounds for the denial..


don't get caught with an unregistered pistola unless you want to get to know the dannemora prison really well for the next ten years..
Link Posted: 10/12/2003 8:20:19 PM EDT
[Last Edit: 10/12/2003 8:23:21 PM EDT by ZRH]

Originally Posted By the_survivalist:

Originally Posted By setlab:
Ok, that helps alot. That really sucks they have it set up that the AWB sunset won't afect New York. Right now I'm in Ohio but I belive around July or August I'll be stationed over at Fort Drum. Don't have any handguns at the moment so that won't be to big of a problem, at least you guys have concealed cary. I'm not 21 yet so if I were to get a handgun before I have to go would there be anyway I could take it with me and have it in my posesion?




there is only CCW for leo's and those who know people.. NY is supposed to be "shall issue" for ownership papers, but you have to be a fucking saint to get one. i have been effectively denied even though there is no legal grounds for the denial..


don't get caught with an unregistered pistola unless you want to get to know the dannemora prison really well for the next ten years..



What county do you live in?

Also, IIRC they have to give you a reason for denial. As for the CCW that varies widely by county/judge.
Link Posted: 10/12/2003 9:41:13 PM EDT
Klinton Kounty

the inspector cited many "reasons" for the denial, none of witch are valid legal grounds..

it wouldn't do any good to challange, the judge here is an anti..
Link Posted: 10/16/2003 6:34:52 PM EDT
Member of the military may apply for handgun licenses the same as anyone else. The current time for processing in Jefferson county is 3-4 months, and cost -/+ $125.00 I'm not sure if the current judge is marking them "Hunting or Target practice only", but that's really a moot point. The local gunshop is Van Tassels Gunsmithing service. They are the only FFL in the area with ALL the proper licenses. Hell they even have an importers licenses!
They frequently go to Ft. Drum to pick up handguns that military members want sold/shipped home/... by soldiers who don't have Pistol licenses, or aren't planning on getting one. Really, the system only seems hard-assed. If your being transfered/stationed at Ft.Drum, leave your handguns with someone trusted at home. The MP's have a nice property room that they'll secure your arms in, until you make other arrangements. Just gotta do the paperwork and pay a little money.
If you need a P.O.C. e-mail me and I'll give you the info.
Link Posted: 10/16/2003 7:05:21 PM EDT
that sucks, in Chautauqua county they still issue unrestricted permits


Originally Posted By the_survivalist:
there is only CCW for leo's and those who know people.. NY is supposed to be "shall issue" for ownership papers, but you have to be a fucking saint to get one. i have been effectively denied even though there is no legal grounds for the denial..


don't get caught with an unregistered pistola unless you want to get to know the dannemora prison really well for the next ten years..

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