Posted: 5/23/2011 4:53:38 AM EDT
|
Hey guys, my uncle is coming up from Florida for 2-3 months this summer with his camper to stay at a camp ground, he's done this for about the last 25 years now. He really wants to carry, but I've told him multiple times about NY's laws and all that. What I'm wondering is if he cases/locks his handgun at the state line, then proceeds directly to a FFL and has them store it until he leaves, would that be legal (enough?)? Alternatively, I'm wondering if my status as a peace officer would allow me to secure his weapon while he's here?
|
|
Quoted:
Hey guys, my uncle is coming up from Florida for 2-3 months this summer with his camper to stay at a camp ground, he's done this for about the last 25 years now. He really wants to carry, but I've told him multiple times about NY's laws and all that. What I'm wondering is if he cases/locks his handgun at the state line, then proceeds directly to a FFL and has them store it until he leaves, would that be legal (enough?)? Alternatively, I'm wondering if my status as a peace officer would allow me to secure his weapon while he's here? I'm not entirely sure that an FFL in NY can take possession of a weapon like that. For instance, when I came into NY with non-NY pistols after getting out of the military, my FFL had to do up some paperwork that made them an FFL to FFL transfer with another guy he knows outside of NY. He was then able to transfer the pistols to me to have them put on my NY CCL. Basically I paid both parties for their paperwork services, and all was well again. Now, as far as your uncle's situation is concerned, he's best off storing it with a LEO. I have several friends who would store it for him so he can pick it up on his way out. They do this kind of thing for folks so that good people don't get their lives ruined by the ham-fisted nature of NY's laws. This also has the added advantage of not costing anything. |
|
Quoted: Quoted: Hey guys, my uncle is coming up from Florida for 2-3 months this summer with his camper to stay at a camp ground, he's done this for about the last 25 years now. He really wants to carry, but I've told him multiple times about NY's laws and all that. What I'm wondering is if he cases/locks his handgun at the state line, then proceeds directly to a FFL and has them store it until he leaves, would that be legal (enough?)? Alternatively, I'm wondering if my status as a peace officer would allow me to secure his weapon while he's here? I'm not entirely sure that an FFL in NY can take possession of a weapon like that. For instance, when I came into NY with non-NY pistols after getting out of the military, my FFL had to do up some paperwork that made them an FFL to FFL transfer with another guy he knows outside of NY. He was then able to transfer the pistols to me to have them put on my NY CCL. Basically I paid both parties for their paperwork services, and all was well again. Now, as far as your uncle's situation is concerned, he's best off storing it with a LEO. I have several friends who would store it for him so he can pick it up on his way out. They do this kind of thing for folks so that good people don't get their lives ruined by the ham-fisted nature of NY's laws. This also has the added advantage of not costing anything. Thats why I'm curious about storing them myself. He has no desire to carry while here in NY, just doesn't want to travel without it. |
|
Quoted:
Thats why I'm curious about storing them myself. He has no desire to carry while here in NY, just doesn't want to travel without it. [/div] Duh, I didn't even look at your avatar. Yeah, if you're State corrections (poor county guys don't get any love) then you've got arrest powers, and therefor you can take possession of the weapon no problem. By the way, if you happen to know a former Marine by the name of Vinitozzi, tell him he's a wanker and he needs to give me a call to get some beer. |
|
Well, found this in the Powers of a peace officer section of the Criminal procedure law, section 2.20 Looks like I can only take possession of a firearm consistent with my duties.  (h) The power to possess and take custody of firearms not owned by the |
|
Quoted:
Well, found this in the Powers of a peace officer section of the Criminal procedure law, section 2.20 Looks like I can only take possession of a firearm consistent with my duties. (h) The power to possess and take custody of firearms not owned by thepeace officer, for the purpose of disposing, guarding, or any otherlawful purpose, consistent with his duties as a peace officer. Holy dogsh!t. This phucking place is like the goddamned twilight zone. How close are we in the courts to having a federal full faith and confidence clause for state issued CCW's? What's that? Don't hold my breath? Well shit... |
|
Quoted:
Well, found this in the Powers of a peace officer section of the Criminal procedure law, section 2.20 Looks like I can only take possession of a firearm consistent with my duties. (h) The power to possess and take custody of firearms not owned by thepeace officer, for the purpose of disposing, guarding, or any otherlawful purpose, consistent with his duties as a peace officer. Actually, now that I read that a few times, what it's really saying is that you ARE allowed to guard a weapon. You, as a peace officer, are sworn to uphold the laws of NY. Well, guarding a weapon that is not lawfully allowed to be in NY whilst the owner is in NY is consistent with keeping those mean, evil, nasty "unlicensed" pistols out of the hands of "unlicensed" owners. I think you're good to go on this one. Tell your uncle that he must provide 100 rounds of ammo for you to test the firearm to make sure it's in safe operating condition 
|
|
Quoted: Actually, now that I read that a few times, what it's really saying is that you ARE allowed to guard a weapon. You, as a peace officer, are sworn to uphold the laws of NY. Well, guarding a weapon that is not lawfully allowed to be in NY whilst the owner is in NY is consistent with keeping those mean, evil, nasty "unlicensed" pistols out of the hands of "unlicensed" owners. I think you're good to go on this one. Tell your uncle that he must provide 100 rounds of ammo for you to test the firearm to make sure it's in safe operating condition He has no "lawful" purpose consistent with his duties as a peace officer to "safeguard" illegally possessed handguns acquired in this manner nor would he have any lawful way to return the illegally possessed handguns to his uncle. |
|
Quoted: Quoted: Actually, now that I read that a few times, what it's really saying is that you ARE allowed to guard a weapon. You, as a peace officer, are sworn to uphold the laws of NY. Well, guarding a weapon that is not lawfully allowed to be in NY whilst the owner is in NY is consistent with keeping those mean, evil, nasty "unlicensed" pistols out of the hands of "unlicensed" owners. I think you're good to go on this one. Tell your uncle that he must provide 100 rounds of ammo for you to test the firearm to make sure it's in safe operating condition He has no "lawful" purpose consistent with his duties as a peace officer to "safeguard" illegally possessed handguns acquired in this manner nor would he have any lawful way to return the illegally possessed handguns to his uncle. I've been wrong before today (and the day is only minutes young)...but if EMT322626 can possess guns under HR218, his uncle could stop in PA (FL resident permit is good in PA), give him the guns there, and both of them can drive into New York. The reverse could be done when the uncle leaves. A neater trick still would be to simply leave the guns in PA |
|
Quoted:
Quoted:
Well, found this in the Powers of a peace officer section of the Criminal procedure law, section 2.20 Looks like I can only take possession of a firearm consistent with my duties. (h) The power to possess and take custody of firearms not owned by thepeace officer, for the purpose of disposing, guarding, or any otherlawful purpose, consistent with his duties as a peace officer. Actually, now that I read that a few times, what it's really saying is that you ARE allowed to guard a weapon. You, as a peace officer, are sworn to uphold the laws of NY. Well, guarding a weapon that is not lawfully allowed to be in NY whilst the owner is in NY is consistent with keeping those mean, evil, nasty "unlicensed" pistols out of the hands of "unlicensed" owners. I think you're good to go on this one. Tell your uncle that he must provide 100 rounds of ammo for you to test the firearm to make sure it's in safe operating condition NO, if he takes possession under lawful authority he must receipt the gun and run a GGUN trace through BATFE. That places it in a crime gun database, then it is sent through channels to the NYSP lab or held as evidence. That and corrections doesn't hold guns. He also cannot exchange it at the state line as it is illegal to import a handgun "purchased" in another state. If he just "holds" it he must complete a PPB-1D and show where he got it from and to whom it is disposed when uncle leaves. Just like any other purchase. He's BAAAAAACCCCCKKK. |