Posted: 1/21/2009 5:23:46 AM EDT
| Many have asked for clarification on NYS AWB restrictions. There is a lot of grey mixed in with the black and white. I have come to realize that it does not matter what the law is, and especially not what your interpretation of the law is, if you are a cautious person, and want to avoid calling attention to yourself, you don't need a pre ban. Just adhere to the post ban regs. Buy low cap mags, and ban compliant uppers. Just not worth the potential hassle. If you are Middle Eastern looking, and in your 20's or 30's, give up the idea of owning a firearm altogether. Again, just not worth the hassle. Avoid public ranges, join a private club. Buy a hunting license, even if you don't hunt. Wear camo and blaze orange, not black. It is not an EBR, it is a varmint rifle for hunting yotes. In short, blend in with the Fudds. |
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I have to agree that there is a lot that is very vague, not in the law as much as, how it is interpreted, or whether the LEO knows what the laws are. I know quite a few LEOs...and I'm pretty confident that I know NYS gun law better than they do. Nothing against them...it's just that they don't seem to care a whole lot about the little nit-picky shit because in general...there's bigger issues regarding an arrest for firearms than if someone has a flash hider or not.
Another point...if you are not causing a problem or drawing attention to yourself...you probably will be fine. They are generally not out there hunting down gun owners to arrest. Most gun related arrests I see are due to the owner doing something stupid or the arrest is related to some other crime and the gun happens to be involved. I have LEOs shoot at my range on my property...and I ask them...u gonna come knock on my door someday? Basically they say...you will be fine...as long as you don't give us a reason to have to knock on your door. I'm not advocating doing anything illegal, however sometimes I think people go a little overboard. |
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Many have asked for clarification on NYS AWB restrictions. There is a lot of grey mixed in with the black and white. I have come to realize that it does not matter what the law is, and especially not what your interpretation of the law is, if you are a cautious person, and want to avoid calling attention to yourself, you don't need a pre ban. Just adhere to the post ban regs. Buy low cap mags, and ban compliant uppers. Just not worth the potential hassle. If you are Middle Eastern looking, and in your 20's or 30's, give up the idea of owning a firearm altogether. Again, just not worth the hassle. Avoid public ranges, join a private club. Buy a hunting license, even if you don't hunt. Wear camo and blaze orange, not black. It is not an EBR, it is a varmint rifle for hunting yotes. In short, blend in with the Fudds. 
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I have to agree that there is a lot that is very vague, not in the law as much as, how it is interpreted, or whether the LEO knows what the laws are. I know quite a few LEOs...and I'm pretty confident that I know NYS gun law better than they do. Nothing against them...it's just that they don't seem to care a whole lot about the little nit-picky shit because in general...there's bigger issues regarding an arrest for firearms than if someone has a flash hider or not. Another point...if you are not causing a problem or drawing attention to yourself...you probably will be fine. They are generally not out there hunting down gun owners to arrest. Most gun related arrests I see are due to the owner doing something stupid or the arrest is related to some other crime and the gun happens to be involved. I have LEOs shoot at my range on my property...and I ask them...u gonna come knock on my door someday? Basically they say...you will be fine...as long as you don't give us a reason to have to knock on your door. I'm not advocating doing anything illegal, however sometimes I think people go a little overboard. Very well written. No one will arrest you for JUST having a flash suppressor. You have to do something stupid BESIDES having a flash suppressor, collapsed stock etc. PS...I know what I am talking about 
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Many have asked for clarification on NYS AWB restrictions. There is a lot of grey mixed in with the black and white. I have come to realize that it does not matter what the law is, and especially not what your interpretation of the law is, if you are a cautious person, and want to avoid calling attention to yourself, you don't need a pre ban. Just adhere to the post ban regs. Buy low cap mags, and ban compliant uppers. Just not worth the potential hassle. If you are Middle Eastern looking, and in your 20's or 30's, give up the idea of owning a firearm altogether. Again, just not worth the hassle. Avoid public ranges, join a private club. Buy a hunting license, even if you don't hunt. Wear camo and blaze orange, not black. It is not an EBR, it is a varmint rifle for hunting yotes. In short, blend in with the Fudds. This whole thing wreaks of a "defeatist" mindset. I also like how you recommend for any "Middle Eastern looking" people to give up on the idea of owning a firearm altogether. Great advice  .
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Quoted: Very well written. No one will arrest you for JUST having a flash suppressor. You have to do something stupid BESIDES having a flash suppressor, collapsed stock etc. PS...I know what I am talking about The RIT student was arrested and remanded to the MC jail for possession of two NY/NJ postban legal rifles. All it takes is a pissed off wife/ex wife/GF/neighbor etc. calling 911 about your "machine guns". |
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Quoted: Quoted: Very well written. No one will arrest you for JUST having a flash suppressor. You have to do something stupid BESIDES having a flash suppressor, collapsed stock etc. PS...I know what I am talking about The RIT student was arrested and remanded to the MC jail for possession of two NY/NJ postban legal rifles. All it takes is a pissed off wife/ex wife/GF/neighbor etc. calling 911 about your "machine guns". Yep, and that happened only because he dropped the bolt on his AR...he certainly wasn't dealing crack out of his room...just clearing his gun and someone heard it...sickening |
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Every fall/winter police departments across the state set up random road stops to check the cars of whom....? Mall Ninja's? (No) Couch commando's? (No) Who then? The "Fudds". You're ideas and theories aren't in touch with reality. Last I knew...LEOs cannot search vehicles unless you give them probable cause. |
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"The RIT student was arrested and remanded to the MC jail for possession of two NY/NJ postban legal rifles." U can go to jail for possession of legal rifles? First the question was whether or not they were legal. The second question was whether he was in violation of the law by having firearms on school property. First question was answered that they were legal post-bans and the second question was answered when it was determined the RIT Inn (IIRC) where he was staying was not school property. Unfortunately it took a quite a bit of legal work to point those facts out and it wasn't free. |
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"The RIT student was arrested and remanded to the MC jail for possession of two NY/NJ postban legal rifles." U can go to jail for possession of legal rifles? The simple answer is yes; the RIT student mentioned above, his name is Matt, and that is exactly what happened to him. The saying goes something like, "You may beat the charge, but you'll take the ride", meaning, you may be found innocent/released/Grand Jury No Bill/etc. at some point in the future with "Due Process"...However, you are still gonna get cuffed and take a ride to the "station" and go into "jail" until you go before a judge. And your firearm in question will be siezed. And you will probably be on the 5'oclock news. |
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Last I knew...LEOs cannot search vehicles unless you give them probable cause. I didn't say they searched the vehicles. But I have been stopped twice in the last two years and asked if I had any firearms in the car. They're road side fishing expeditions LOOKING for probable cause to go farther. They're looking for road hunters and tickets of oppertunity. My point being, looking like a hunter is not the free pass the OP thinks it is. |
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"The RIT student was arrested and remanded to the MC jail for possession of two NY/NJ postban legal rifles." U can go to jail for possession of legal rifles? The simple answer is yes; the RIT student mentioned above, his name is Matt, and that is exactly what happened to him. The saying goes something like, "You may beat the charge, but you'll take the ride", meaning, you may be found innocent/released/Grand Jury No Bill/etc. at some point in the future with "Due Process"...However, you are still gonna get cuffed and take a ride to the "station" and go into "jail" until you go before a judge. And your firearm in question will be siezed. And you will probably be on the 5'oclock news. From my original post "if you are not causing a problem or drawing attention to yourself...you probably will be fine. They are generally not out there hunting down gun owners to arrest." Note the words "probably" and "generally". I still stand by my original point. |
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Last I knew...LEOs cannot search vehicles unless you give them probable cause. I didn't say they searched the vehicles. But I have been stopped twice in the last two years and asked if I had any firearms in the car. They're road side fishing expeditions LOOKING for probable cause to go farther. They're looking for road hunters and tickets of oppertunity. My point being, looking like a hunter is not the free pass the OP thinks it is. I agree with your point. Not a free pass. What you describe I believe is more of a money grab...not a hunt for gun owners though. Not that you said that. |
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Last I knew...LEOs cannot search vehicles unless you give them probable cause. There are a number of search exceptions where a LEO may indeed search both your person and your vehicle absent probable cause. I would be interested to know of these exceptions. |
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Quoted: Quoted: "The RIT student was arrested and remanded to the MC jail for possession of two NY/NJ postban legal rifles." U can go to jail for possession of legal rifles? The simple answer is yes; the RIT student mentioned above, his name is Matt, and that is exactly what happened to him. The saying goes something like, "You may beat the charge, but you'll take the ride", meaning, you may be found innocent/released/Grand Jury No Bill/etc. at some point in the future with "Due Process"...However, you are still gonna get cuffed and take a ride to the "station" and go into "jail" until you go before a judge. And your firearm in question will be siezed. And you will probably be on the 5'oclock news. He was an engineering student only weeks away from graduating. In addition to the above he was suspended from school and AFAIK he did not graduate with his class. I don't know if he had planned on graduate school or had a job lined up but he likely lost or at the very least was delayed on both. The incident could have been handled without a custodial arrest if the responding officer's had taken the time to sort a few things out prior to charging him with multiple felony counts and one misdemeanor offense. AFAIK the subject had no prior criminal history, no wants or warrants, he possessed a NJ FID card and the two rifles were both purchased in compliance with all applicable laws in NJ. He simply possessed the rifles in a multiple use facility open to the public in his private room and was in compliance with all applicable NY laws. |
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Every fall/winter police departments across the state set up random road stops to check the cars of whom....? Mall Ninja's? (No) Couch commando's? (No) Who then? The "Fudds". You're ideas and theories aren't in touch with reality. i've never set up a checkpoint to be on the lookout for a Fudd, nor do I know any officer that has...... |
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"The RIT student was arrested and remanded to the MC jail for possession of two NY/NJ postban legal rifles." U can go to jail for possession of legal rifles? The simple answer is yes; the RIT student mentioned above, his name is Matt, and that is exactly what happened to him. The saying goes something like, "You may beat the charge, but you'll take the ride", meaning, you may be found innocent/released/Grand Jury No Bill/etc. at some point in the future with "Due Process"...However, you are still gonna get cuffed and take a ride to the "station" and go into "jail" until you go before a judge. And your firearm in question will be siezed. And you will probably be on the 5'oclock news. He was an engineering student only weeks away from graduating. In addition to the above he was suspended from school and AFAIK he did not graduate with his class. I don't know if he had planned on graduate school or had a job lined up but he likely lost or at the very least was delayed on both. The incident could have been handled without a custodial arrest if the responding officer's had taken the time to sort a few things out prior to charging him with multiple felony counts and one misdemeanor offense. AFAIK the subject had no prior criminal history, no wants or warrants, he possessed a NJ FID card and the two rifles were both purchased in compliance with all applicable laws in NJ. He simply possessed the rifles in a multiple use facility open to the public in his private room and was in compliance with all applicable NY laws. So using the OP as a guidline of how to conduct your self, the RIT student was begging for trouble. |
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Every fall/winter police departments across the state set up random road stops to check the cars of whom....? Mall Ninja's? (No) Couch commando's? (No) Who then? The "Fudds". You're ideas and theories aren't in touch with reality. i've never set up a checkpoint to be on the lookout for a Fudd, nor do I know any officer that has...... I have been stopped numerous times during deer season at random checkpoints and questioned by either DEC officers or State Police about having a deer in the vehicle. Upon answering in the negative they then ask if there are any loaded firearms in the vehicle which is also answered in the negative. I am then informed that I am free to proceed on my merry way. I do take note that they check inspection and registration stickers as well during the stop. |
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Bushman_269,
Sounds like you don't take those stops personally, remain patient, and go merrily on your way as you (and we all) should. I am glad that they stop at all to check, and I am glad that they look for the windshield stickers as well. I have been stopped while fishing and wish they did it more often. |
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Bushman_269, Sounds like you don't take those stops personally, remain patient, and go merrily on your way as you (and we all) should. I am glad that they stop at all to check, and I am glad that they look for the windshield stickers as well. I have been stopped while fishing and wish they did it more often. I don't take random stops personally...however I do believe it is an infringment on my right to be left alone if I am doing nothing wrong. |
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so, how many people avoid putting NRA and weapons-related stickers on their cars/trucks for the same reasons mentioned in this thread? Good point. I also think it is very relevant as to where you are (locality-wise) when you are stopped. I have never been stopped at a checkpoint in my whole life here in East Otto, NY. I believe there are 40 square miles and about 800 people in my town. 2 police cars on duty for the whole county...which I would say is roughly 400 square miles. So it is a bit different here as opposed to more populated places. In addition...I would say almost every household has numerous firearms...and on any given day...you can hear shots from any direction. Everyone shoots it seems. So my point is...it is a culture "thing". And the LEOs are for the most part...locals...so they may be more apt to leave people alone...as opposed to LEOs in less rural areas. |
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so, how many people avoid putting NRA and weapons-related stickers on their cars/trucks for the same reasons mentioned in this thread? I don't put those kind of things on my vehicle so as not to invite thieves to break in looking for firearms not because I fear LEO harassment.
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Quoted: Last two times I was asked if I had "any firearms or deer in the car"? (not venison, but "deer" )  I suppose I could have had a deer in the trunk. I got asked at two checkpoints on the TSP if I had an escaped convict in my trunk and the second was for a fleeing suspect who had abandoned his car on the TSP. |
| Many years ago I had a ratty car and fished constantly at all hours. Had places in North Fork and Montauk to crash at. Often went through local PD drunk checks and DEC striper checks. I found that an PD sticker on the windshield got a smile and a wave through most times. Was never questioned on the sticker though I had a PBA card with a badge number as backup. Sold the car for $100. |