Posted: 1/8/2014 7:37:52 PM EDT
| Do Leo officers have to register their personal assault weapons under safe act ? |
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I believe it's upon retirement. While employed we're exempt
I'll add that the NYSP guide said something about having to register LE individually owned ARs by the same date this year that everyone else has, which makes no sense because individual LEOs are exempt and can continue to purchase ARs during our careers. If we were limited by the same registration date as was in the law that would mean no LEO would be able to keep their "post SAFE Act ban " rifle upon retirement. Just another reason why the whole thing needs to be dumped. |
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I believe it's upon retirement. While employed we're exempt I'll add that the NYSP guide said something about having to register LE individually owned ARs by the same date this year that everyone else has, which makes no sense because individual LEOs are exempt and can continue to purchase ARs during our careers. If we were limited by the same registration date as was in the law that would mean no LEO would be able to keep their "post SAFE Act ban " rifle upon retirement. Just another reason why the whole thing needs to be dumped. Within 60 days after retirement |
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Yes, that was my understanding as well, but I recall there was some contradictory information in that NYSP Guide Quoted:
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Within 60 days after retirement Yes, that was my understanding as well, but I recall there was some contradictory information in that NYSP Guide http://assembly.state.ny.us/leg/?default_fld=&bn=A.+6356&term=2013&Summary=Y&Actions=Y&Votes=Y&Text=Y |
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Purchased for use in the line of duty, official duty as in qualified with.. Personally owned must be registered as with everyone else's, April 15. Anything purchased after is supposed to go on a D form. That's what we've been told. Sounds like an agency-specific rule |
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Sounds like an agency-specific rule Quoted:
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Purchased for use in the line of duty, official duty as in qualified with.. Personally owned must be registered as with everyone else's, April 15. Anything purchased after is supposed to go on a D form. That's what we've been told. Sounds like an agency-specific rule we can't use POW long guns, no such animal. |
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we can't use POW long guns, no such animal. Quoted:
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Purchased for use in the line of duty, official duty as in qualified with.. Personally owned must be registered as with everyone else's, April 15. Anything purchased after is supposed to go on a D form. That's what we've been told. Sounds like an agency-specific rule we can't use POW long guns, no such animal. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION, AN OWNER OF AN ASSAULT WEAPON AS DEFINED IN SUBDIVI- SION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI- VISION TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH WEAPON WAS ISSUED TO OR PURCHASED BY SUCH OFFICER PRIOR TO RETIREMENT AND IN THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE MONTHS PRIOR TO HIS OR HER RETIREMENT, MUST REGISTER SUCH WEAPON WITHIN SIXTY DAYS OF RETIREMENT. |
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Sounds like an agency-specific rule Quoted:
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Purchased for use in the line of duty, official duty as in qualified with.. Personally owned must be registered as with everyone else's, April 15. Anything purchased after is supposed to go on a D form. That's what we've been told. Sounds like an agency-specific rule Personally owned rifles and shotguns by LEOs meeting the states newest definition of 'assault weapon' need to be registered just like everyone else. LE isn't exempt from anything except magazine capacity. You can purchase AWs but only for duty use and put on a C form (D form? Natty?) and they would have to registered after you retire. The guns you bought have to be re qualified with every 2(?) yrs I believe. That is my understanding from reading the law, which is confusing as hell. |
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NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION, AN OWNER OF AN ASSAULT WEAPON AS DEFINED IN SUBDIVI- SION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI- VISION TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH WEAPON WAS ISSUED TO OR PURCHASED BY SUCH OFFICER PRIOR TO RETIREMENT AND IN THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE MONTHS PRIOR TO HIS OR HER RETIREMENT, MUST REGISTER SUCH WEAPON WITHIN SIXTY DAYS OF RETIREMENT. His agency never authorized personal long guns for official duty use, so I guess that's their argument |
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Personally owned rifles and shotguns by LEOs meeting the states newest definition of 'assault weapon' need to be registered just like everyone else. LE isn't exempt from anything except magazine capacity. You can purchase AWs but only for duty use and put on a C form (D form? Natty?) and they would have to registered after you retire. The guns you bought have to be re qualified with every 2(?) yrs I believe. That is my understanding from reading the law, which is confusing as hell. Based on the link its required only after you retire |
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Based on the link its required only after you retire Quoted:
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Personally owned rifles and shotguns by LEOs meeting the states newest definition of 'assault weapon' need to be registered just like everyone else. LE isn't exempt from anything except magazine capacity. You can purchase AWs but only for duty use and put on a C form (D form? Natty?) and they would have to registered after you retire. The guns you bought have to be re qualified with every 2(?) yrs I believe. That is my understanding from reading the law, which is confusing as hell. Based on the link its required only after you retire Correct |
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Here is my point, and basis for confusion:
PL 265.20 exempts us from possessing AWs. (PL 265.02 Crim Posses Weap 3rd.) To me this is simple, prima facia evidence that I could, right now, go buy a AW. PL 265.20 exempts us in part from 265.01B, but NOT this part (which is sub 2): "lawfully possesses a firearm prior to the effective date of the chapter of the laws of two thousand thirteen which added this section subject to the registration requirements of subdivision sixteen-a of section 400.00 of this chapter and knowingly fails to register such firearm pursuant to such subdivision." I am not a lawyer, I did not stay at a Holiday Inn Express last night... BUT, where in the law does it state I must register the AW I buy TODAY, versus the one collecting six years of dust in my closet? The law says I must register my AW possessed BEFORE the date of enactment, not AFTER. PL 400 echoes this. I see no law to charge a LEO with failure to register a AW he bought today.... |
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NO no and no
LEOs can buy "AW's" freely on a 4473. There is NO registration in the law, departments may have a requirement. ONLY those personally owned AW's that were used for official duty and were qualified with may be retained upon retirement. THOSE must be registered within 60 days of retirement. The confusion is this: If a LEO currently owns an AW personally (which is automatically legally possessed BTW) he CAN register it before April 15 and thus keep it when retired. But once April 15 goes by that window closes and LEOs will NOT be able to keep any PERSONAL AW's they acquire after that date. |
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NO no and no LEOs can buy "AW's" freely on a 4473. There is NO registration in the law, departments may have a requirement. I agree. ONLY those personally owned AW's that were used for official duty and were qualified with may be retained upon retirement. THOSE must be registered within 60 days of retirement. I agree regarding retirement. The confusion is this: If a LEO currently owns an AW personally (which is automatically legally possessed BTW) he CAN register it before April 15 and thus keep it when retired. Is this for "non-department personally owned"? ETA: Possession outside his virtue as a LEO...a "free man." But once April 15 goes by that window closes and LEOs will NOT be able to keep any PERSONAL AW's they acquire after that date. Citation? 265.20 exempts us as LEO from possessing AWs, in the same manner as +10 magazines. No where in 265.20 is there a qualifier on AW possession contingent upon "personally owned departmental weapon" status. The only qualifier I see to that is for +10 magazines that must have been possessed in status and maintained (or replaced with similar) in retirement. |
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His agency never authorized personal long guns for official duty use, so I guess that's their argument Quoted:
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NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION, AN OWNER OF AN ASSAULT WEAPON AS DEFINED IN SUBDIVI- SION TWENTY-TWO OF SECTION 265.00 OF THIS CHAPTER, WHO IS A QUALIFIED RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI- VISION TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH WEAPON WAS ISSUED TO OR PURCHASED BY SUCH OFFICER PRIOR TO RETIREMENT AND IN THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE MONTHS PRIOR TO HIS OR HER RETIREMENT, MUST REGISTER SUCH WEAPON WITHIN SIXTY DAYS OF RETIREMENT. His agency never authorized personal long guns for official duty use, so I guess that's their argument Gotcha |
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NO no and no LEOs can buy "AW's" freely on a 4473. There is NO registration in the law, departments may have a requirement. ONLY those personally owned AW's that were used for official duty and were qualified with may be retained upon retirement. THOSE must be registered within 60 days of retirement. The confusion is this: If a LEO currently owns an AW personally (which is automatically legally possessed BTW) he CAN register it before April 15 and thus keep it when retired. But once April 15 goes by that window closes and LEOs will NOT be able to keep any PERSONAL AW's they acquire after that date. thanks |
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Yes, that was my understanding as well, but I recall there was some contradictory information in that NYSP Guide Quoted:
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Within 60 days after retirement Yes, that was my understanding as well, but I recall there was some contradictory information in that NYSP Guide You are correct......it says we have to register by 4/15 |
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265.20 exempts us as LEO from possessing AWs, in the same manner as +10 magazines. No where in 265.20 is there a qualifier on AW possession contingent upon "personally owned departmental weapon" status. The only qualifier I see to that is for +10 magazines that must have been possessed in status and maintained (or replaced with similar) in retirement. Quoted:
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NO no and no LEOs can buy "AW's" freely on a 4473. There is NO registration in the law, departments may have a requirement. I agree. ONLY those personally owned AW's that were used for official duty and were qualified with may be retained upon retirement. THOSE must be registered within 60 days of retirement. I agree regarding retirement. The confusion is this: If a LEO currently owns an AW personally (which is automatically legally possessed BTW) he CAN register it before April 15 and thus keep it when retired. Is this for "non-department personally owned"? ETA: Possession outside his virtue as a LEO...a "free man." But once April 15 goes by that window closes and LEOs will NOT be able to keep any PERSONAL AW's they acquire after that date. Citation? 265.20 exempts us as LEO from possessing AWs, in the same manner as +10 magazines. No where in 265.20 is there a qualifier on AW possession contingent upon "personally owned departmental weapon" status. The only qualifier I see to that is for +10 magazines that must have been possessed in status and maintained (or replaced with similar) in retirement. No citation is needed. Upon retirement the LEO becomes an ordinary citizen, subject to the same laws as everyone else, with the exception of keeping the official duty magazines AND OFFICIAL DUTY AW's. There is NOTHING in the law that allows a retiring LEO to register an AW after April 15 EXCEPT if it was used on official business. |
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No citation is needed. Upon retirement the LEO becomes an ordinary citizen, subject to the same laws as everyone else, with the exception of keeping the official duty magazines AND OFFICIAL DUTY AW's. There is NOTHING in the law that allows a retiring LEO to register an AW after April 15 EXCEPT if it was used on official business. Quoted:
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NO no and no LEOs can buy "AW's" freely on a 4473. There is NO registration in the law, departments may have a requirement. I agree. ONLY those personally owned AW's that were used for official duty and were qualified with may be retained upon retirement. THOSE must be registered within 60 days of retirement. I agree regarding retirement. The confusion is this: If a LEO currently owns an AW personally (which is automatically legally possessed BTW) he CAN register it before April 15 and thus keep it when retired. Is this for "non-department personally owned"? ETA: Possession outside his virtue as a LEO...a "free man." But once April 15 goes by that window closes and LEOs will NOT be able to keep any PERSONAL AW's they acquire after that date. Citation? 265.20 exempts us as LEO from possessing AWs, in the same manner as +10 magazines. No where in 265.20 is there a qualifier on AW possession contingent upon "personally owned departmental weapon" status. The only qualifier I see to that is for +10 magazines that must have been possessed in status and maintained (or replaced with similar) in retirement. No citation is needed. Upon retirement the LEO becomes an ordinary citizen, subject to the same laws as everyone else, with the exception of keeping the official duty magazines AND OFFICIAL DUTY AW's. There is NOTHING in the law that allows a retiring LEO to register an AW after April 15 EXCEPT if it was used on official business. I think I got it: I have an presafe actAR , register it and keep it after I retire. OR I get an "offical" AR next year, qualify with it, retire and keep it if I register it. OR I get an AR next year "personally" and un-AW it when I retire (or sell it), as I no longer would have the exemption. |
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I think I got it: I have an presafe actAR , register it and keep it after I retire. OR I get an "offical" AR next year, qualify with it, retire and keep it if I register it. OR I get an AR next year "personally" and un-AW it when I retire (or sell it), as I no longer would have the exemption. Quoted:
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NO no and no LEOs can buy "AW's" freely on a 4473. There is NO registration in the law, departments may have a requirement. I agree. ONLY those personally owned AW's that were used for official duty and were qualified with may be retained upon retirement. THOSE must be registered within 60 days of retirement. I agree regarding retirement. The confusion is this: If a LEO currently owns an AW personally (which is automatically legally possessed BTW) he CAN register it before April 15 and thus keep it when retired. Is this for "non-department personally owned"? ETA: Possession outside his virtue as a LEO...a "free man." But once April 15 goes by that window closes and LEOs will NOT be able to keep any PERSONAL AW's they acquire after that date. Citation? 265.20 exempts us as LEO from possessing AWs, in the same manner as +10 magazines. No where in 265.20 is there a qualifier on AW possession contingent upon "personally owned departmental weapon" status. The only qualifier I see to that is for +10 magazines that must have been possessed in status and maintained (or replaced with similar) in retirement. No citation is needed. Upon retirement the LEO becomes an ordinary citizen, subject to the same laws as everyone else, with the exception of keeping the official duty magazines AND OFFICIAL DUTY AW's. There is NOTHING in the law that allows a retiring LEO to register an AW after April 15 EXCEPT if it was used on official business. I think I got it: I have an presafe actAR , register it and keep it after I retire. OR I get an "offical" AR next year, qualify with it, retire and keep it if I register it. OR I get an AR next year "personally" and un-AW it when I retire (or sell it), as I no longer would have the exemption. As long as you purchase while on job and you qualify with it , it can be registered with 60 days after retirement . RETIRED NEW YORK OR FEDERAL LAW ENFORCEMENT OFFICER AS DEFINED IN SUBDI- VISION TWENTY-FIVE OF SECTION 265.00 OF THIS CHAPTER, WHERE SUCH WEAPON WAS ISSUED TO OR PURCHASED BY SUCH OFFICER PRIOR TO RETIREMENT AND IN THE COURSE OF HIS OR HER OFFICIAL DUTIES, AND FOR WHICH SUCH OFFICER WAS QUALIFIED BY THE AGENCY THAT EMPLOYED SUCH OFFICER WITHIN TWELVE MONTHS |
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No citation is needed. Upon retirement the LEO becomes an ordinary citizen, subject to the same laws as everyone else, with the exception of keeping the official duty magazines AND OFFICIAL DUTY AW's. There is NOTHING in the law that allows a retiring LEO to register an AW after April 15 EXCEPT if it was used on official business. Some of us have carried quite a few guns over the course of our career by the time we get to retirement. I might arrange with my agency to carry a dozen different rifles the last year I'm working, if that'll be the litmus test |