Posted: 12/4/2009 3:01:22 PM EDT
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Gentlemen, many of you know of me and I am passing this along to you as a heads up. If you run afoul of the law and have or do accept a plea agreement to Criminal Possession of Stolen Property 5th (A misd) you will have abdicated your rights to own a gun in NY. The Penal Law is misprinted and will be changed in short order, I have a few jobs currently with that determination and it was heretofor unseen in NY. Thank God we live in a peace loving state that thinks about the safety of the proletariat first. While I do not condone criminal behavior of any sort, at some point in time everybody makes a mistake.
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 (should read fifth, and will/ Third is already a D felony); escape in the third degree; jostling; fraudulent accosting; that kind of loitering defined in subdivision three of section 240.35; 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. |
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Imagine the concept of not only reading, but having someone explain exactly what in the bill before voting it into law.
At this rate, could be even now, if you get a speeding ticket you will live as a subservient criminal the rest of your life....people with their rights stripped away are perceived to be easier to control, and in a way that's probably true since they eventually end up or return to prison. I really don't buy to far into Alex Jones "Info Wars" but his assertions are becoming harder to refute. 
Edited to add: as posted by 762DM
As usual NYS law is all fucked up. Eloquent, direct, and accurate. |
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It's worth noting that the legislature hasn't completely fixed their screw up here by altering the text of the statute. If you were convicted of CPSP 5th and previously received a pistol permit, you will be able to keep your handguns without being in violation of law, as long as your permit is not revoked.
Reason: Under 265.01, criminal possession is being in possession of a rifle or shotgun after being convicted of a serious offense so you can no longer be in possession of rifle or shotgun after the change to the statute is effective However, no part of Art 265 actually criminalizes possession of a pistol or revolver after being convicted of a serious offense As we all know, Art 265 also exempts holders of a pistol permit from being in criminal possession of that weapon ('Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter [the permitting statute]") Article 400 sets out eligibility requirements for receiving a pistol license, subclause (c) being that the person applying for the permit is not eligible to receive one if they been convicted anywhere of a felony or serious offense. The rub is that if you received a permit already, at a time when the statute was erroneously written to cover CPSP 3rd instead of 5th, you were eligible to receive the permit at the time it was issued, and the permit is good until revoked (except in NYC/Nassau). Your permit is still good and you can continue to possess your pistols and revolvers (but don't amend it to add new ones!) even with the change that 762DM pointed out |
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Quoted:
It's worth noting that the legislature hasn't completely fixed their screw up here by altering the text of the statute. If you were convicted of CPSP 5th and previously received a pistol permit, you will be able to keep your handguns without being in violation of law, as long as your permit is not revoked. Reason: Under 265.01, criminal possession is being in possession of a rifle or shotgun after being convicted of a serious offense so you can no longer be in possession of rifle or shotgun after the change to the statute is effective However, no part of Art 265 actually criminalizes possession of a pistol or revolver after being convicted of a serious offense As we all know, Art 265 also exempts holders of a pistol permit from being in criminal possession of that weapon ('Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter [the permitting statute]") Article 400 sets out eligibility requirements for receiving a pistol license, subclause (c) being that the person applying for the permit is not eligible to receive one if they been convicted anywhere of a felony or serious offense. The rub is that if you received a permit already, at a time when the statute was erroneously written to cover CPSP 3rd instead of 5th, you were eligible to receive the permit at the time it was issued, and the permit is good until revoked (except in NYC/Nassau). Your permit is still good and you can continue to possess your pistols and revolvers (but don't amend it to add new ones!) even with the change that 762DM pointed out I would add that a Certificate of Relief from Disabilities is almost a given to acquire, as long as there are no really bad things in your past it is not hard to get. |
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Quoted:
Quoted:
Gentlemen, many of you know of me and I am passing this along to you as a heads up. If you run afoul of the law and have or do accept a plea agreement to Criminal Possession of Stolen Property 5th (A misd) you will have abdicated your rights to own a gun in NY. The Penal Law is misprinted and will be changed in short order, I have a few jobs currently with that determination and it was heretofor unseen in NY. Thank God we live in a peace loving state that thinks about the safety of the proletariat first. While I do not condone criminal behavior of any sort, at some point in time everybody makes a mistake. 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 (should read fifth, and will/ Third is already a D felony); escape in the third degree; jostling; fraudulent accosting; that kind of loitering defined in subdivision three of section 240.35; 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. Once again showing why 762DM is such a class individual.....Thanks brother! I was contacted by CEM's office on a case that they were working (wonder why me :)) and this came up as the only possible reason for denial, a few calls to NICS and I got the NY liason who advised that CPSP5 is on their chart for disqualifiers. After a little round and round of chart vs. Penal Law and a conversation with Counsel we realized that "Houston we have a problem". In the instance of this person he did get a PP recently and I have advised him how to acquire a Certificate of Relief and also have contacted the County Court Clerk to expedite the matter. As usual NYS law is all fucked up. |
