Posted: 5/10/2009 6:09:13 PM EDT
| Are NY LEO's exempt from the whole AWB deal? I'm talking personal weapons now, not dept issued. . . |
| They shouldn't be able to have anything we can't have when they are not actually working. I was at a local range a few weeks ago and when two guys showed up...1 with a bullpup ar with a really short barrel. When asked about the short barrel he stated to us the he was a sheriff and could own such things. I think its total bullshit. |
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IIRC when the NFA of 1934 was enacted the premise allowed for Military members and LEO's to acquire, use personally own Class III firearms, however over the years that legislation has been altered to mean Department issued, for duty use only.
Sorry but AFAIK holding a badge does not allow for personal use of NFA weapons without proper licensing and authorization. Remember the shit that went down with the Albany PD a few years ago? dot Gov. had to shut that down, else the flood gates would have been opened.....When was the last time you heard of a Cop having his very own M-16 at home? SBS or SBR are no less illegal in terms than a FA. 
Then again, who's really going to question them or really make a stink about it? 
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I am specifically asking about the NYS AWB stipulations. . .i.e. pre-ban/post ban weapons and magazines. . .
Can a NYS LEO (state, county or local) own, for example, a "no ban" AR? i.e. new mfr, w/flash hider, bayo lug, and collapsible stock, and new 30 rnd mags? |
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I am specifically asking about the NYS AWB stipulations. . .i.e. pre-ban/post ban weapons and magazines. . . Can a NYS LEO (state, county or local) own, for example, a "no ban" AR? i.e. new mfr, w/flash hider, bayo lug, and collapsible stock, and new 30 rnd mags? By law, yes, they are exempt. However, if the DA of the county concerned wants to run with something, so be it. |
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This seems to come up every-so-often and soon deteriorates into a cop bashing, us-vs-them thread.
I'm going to do my best to prevent that from happening. According to article 265 of the NY Penal Law, ALL POLICE and PEACE officers in NYS (that's not only police, but corrections, probation, parole, federal law enforcement and anyone else that has defined peace or police status) are EXEMPT from most parts of article 265. There is absolutely no differentiation given between on-duty and off-duty. They can buy an "evil" black rifle from anyone, and the FFL only needs to see your ID card. They DO NOT need a letter from their sheriff, chief, commissioner, or anyone else. Whoever above said a DA could decide to prosecute does not understand the law. I'm not sure why the legislature wrote these provisions allowing off-duty possession. My assumption would be that there are a lot of small agencies who's officers have to buy and provide their own specialized weapons (AR's, 870's, etc). They bring them in and take them home everyday. Broad access while you remain employed as a peace or police officer removes any potential confusion. Regardless of intent, the exemption is-what-it-is. I (as a police officer) fully believe that the AWB in NYS is simply political feel-good legislation. In my (somewhat long) career, I have NEVER had a significant problem with a licensed weapon owner, collector, hunter, or sportsman. I can, in fact, give you many, many examples of licensed owners coming to the rescue of police or saving the day during a robbery. I'm pretty sure statistics would show that a rifle with a bayonet lug or pistol grip is NOT more likely to be used in a crime. I'm also sure that it can be shown that licensed weapon holders are usually not the guys robbing banks with their licensed weapons. Finally, states with permissive CCW laws and no AWB have fewer home invasions, robberies, etc. Bad-guys think twice when there's a possibility the victim is armed. Anyway...back on topic: Police and Peace officers ARE subject to federal laws and 992 provision. I cannot personally own a machine gun, AOW, SBS, and cannot take a weapon imported for "sport" and convert it unless I have less than 10 imported parts...just like everyone else. Police agencies that use machine guns or other restricted weapons in their specialized commands (SWAT, etc) must have agency exemption from the ATF. Hope this helps to clear up any confusion... |
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Billyjoebob: no cop bashing intended on my part. . .have two friends who are LEO's. . . sometimes LEO's are not up on all firearms laws––––there's enough of them, so that's understandable. . .but I wanted to make sure that what my LEO friends were telling me was correct. .
Thanks for the info . . |
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<snip> They DO NOT need a letter from their sheriff, chief, commissioner, or anyone else. Whoever above said a DA could decide to prosecute does not understand the law. <snip> "This does not exempt them from federal laws. If a LEO possesses any SBR, machine gun, etc, it has to be on department letterhead. If not, they are in violation of the law." The above is what I wrote. And yes, if they possess any items prohibited or regulated by FEDERAL law (i.e. silencer, MG, SBR, SBS, etc.), it must be on department letterhead. The reason for documentation is that they cannot be possessed unless authorized for official capacity. If it's not on letterhead they will most likely be getting jammed up. Oh, and I'm pretty sure I understand the law. ETA: The end of your post describes what I posted here.... perhaps you were unaware that such federally regulated items can be possessed with authorization. |
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NYC cops that live in NYC must abide by the NYC assault weapons ban. you say that as if there are NYPD cops that live outside city limits... is this true? i was always under the understanding that NYPD cops had residency requirements that limit there home of record to the 5 borrows i know FDNY you can live outside the city.. as almost all of them prolly do |
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NYC cops that live in NYC must abide by the NYC assault weapons ban. you say that as if there are NYPD cops that live outside city limits... is this true? i was always under the understanding that NYPD cops had residency requirements that limit there home of record to the 5 borrows i know FDNY you can live outside the city.. as almost all of them prolly do Negative, they can reside in the NYPD authorized counties of New York. They cannot live out of state. |
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NYC cops that live in NYC must abide by the NYC assault weapons ban. you say that as if there are NYPD cops that live outside city limits... is this true? i was always under the understanding that NYPD cops had residency requirements that limit there home of record to the 5 borrows i know FDNY you can live outside the city.. as almost all of them prolly do Negative, they can reside in the NYPD authorized counties of New York. They cannot live out of state. NYPD can reside in Westchester County Putnam Sullivan Orange Long island Rockland and I do not know if there is anywhere else. |
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<snip> They DO NOT need a letter from their sheriff, chief, commissioner, or anyone else. Whoever above said a DA could decide to prosecute does not understand the law. <snip> "This does not exempt them from federal laws. If a LEO possesses any SBR, machine gun, etc, it has to be on department letterhead. If not, they are in violation of the law." The above is what I wrote. And yes, if they possess any items prohibited or regulated by FEDERAL law (i.e. silencer, MG, SBR, SBS, etc.), it must be on department letterhead. The reason for documentation is that they cannot be possessed unless authorized for official capacity. If it's not on letterhead they will most likely be getting jammed up. Oh, and I'm pretty sure I understand the law. You are correct re. the above. I was referring to this post from you: Quoted:
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I am specifically asking about the NYS AWB stipulations. . .i.e. pre-ban/post ban weapons and magazines. . . Can a NYS LEO (state, county or local) own, for example, a "no ban" AR? i.e. new mfr, w/flash hider, bayo lug, and collapsible stock, and new 30 rnd mags? By law, yes, they are exempt. However, if the DA of the county concerned wants to run with something, so be it. There is nothing for a DA to "run with". |
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<snip> They DO NOT need a letter from their sheriff, chief, commissioner, or anyone else. Whoever above said a DA could decide to prosecute does not understand the law. <snip> "This does not exempt them from federal laws. If a LEO possesses any SBR, machine gun, etc, it has to be on department letterhead. If not, they are in violation of the law." The above is what I wrote. And yes, if they possess any items prohibited or regulated by FEDERAL law (i.e. silencer, MG, SBR, SBS, etc.), it must be on department letterhead. The reason for documentation is that they cannot be possessed unless authorized for official capacity. If it's not on letterhead they will most likely be getting jammed up. Oh, and I'm pretty sure I understand the law. You are correct re. the above. I was referring to this post from you: Quoted:
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I am specifically asking about the NYS AWB stipulations. . .i.e. pre-ban/post ban weapons and magazines. . . Can a NYS LEO (state, county or local) own, for example, a "no ban" AR? i.e. new mfr, w/flash hider, bayo lug, and collapsible stock, and new 30 rnd mags? By law, yes, they are exempt. However, if the DA of the county concerned wants to run with something, so be it. There is nothing for a DA to "run with". Yes, see as this example. A PO owns an MG with a suppressor. They are exempt from state law, specifically 265.02 and 265.03, but may be prosecuted under federal law if they did not obtain the proper documentation. It is a re-iteration of the first post. |
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I agree with you, but didn't see that point in your posts. I think part of the discrepancy is the DA wouldn't be prosecuting federal laws...it would be up to an AUSA.
In any event, we are on the same page...NYS AWB (art 265) exempt, but not federal laws. Stay safe- |
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I agree with you, but didn't see that point in your posts. I think part of the discrepancy is the DA wouldn't be prosecuting federal laws...it would be up to an AUSA. In any event, we are on the same page...NYS AWB (art 265) exempt, but not federal laws. Stay safe- I see, I used the term "run with" because it would likely come to the attention of a county DA first. If they chose to, they could then turn the evidence over to the feds. Sorry for the confusion. |
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NYPD can reside in Westchester County Putnam Sullivan Orange Long island Rockland and I do not know if there is anywhere else. If you know any active NYPD that live in Sullivan County you better keep it to yourself because Sullivan County is NOT one of the approved resident counties. |
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Quoted: NYPD can reside in Westchester County Putnam Sullivan Orange Long island Rockland and I do not know if there is anywhere else. If you know any active NYPD that live in Sullivan County you better keep it to yourself because Sullivan County is NOT one of the approved resident counties. MY mistake not sullivan county 
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They shouldn't be able to have anything we can't have when they are not actually working. I was at a local range a few weeks ago and when two guys showed up...1 with a bullpup ar with a really short barrel. When asked about the short barrel he stated to us the he was a sheriff and could own such things. I think its total bullshit. Ok so you're saying that his taking time out to shoot his weapon is a BAD thing??? The fact that the guy actually SHOOTS, as opposed to the guys who only shoot when they qual is a bad thing too I guess. Hell I wish i had the OPTION here in NJ. My Chief doesnt believ ein Patrol Rifles or i'd Gladly buy my own. |