New York At It Again - 'Safe Weapons Storage Act' Makes It A Crime To Not Secure Guns

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Maybe I'm crazy, but does it seem as if under creative interpretation a cop could arrest you as soon as you take the lock off your gun at the firing line of your local range? At that point it becomes unsecured under the wording of this law........
 
Bill summary to simple, and didn't read entirety.

However Heller made it quite clear general requirements to keep weapons locked up or disassembled or unloaded won't fly.
That was used by DC to keep people from having a gun suitable for home defense for a long time. A gun that must be kept disassembled and unloaded is good for little beyond something for the home invaders to acquire.
There may be some escalating situations that allow someone to assemble or load gun prior to a forced entry, but most deadly scenarios are not gradual escalations but sudden.



Passing a law contrary to Heller will just cost New York money in court to lose. Any lower court judge that is following the judicial process properly will defer to the Supreme Court decision.
 
Heller won't apply. This law can be summarized as "Guns must be locked up or in your immediate control."

11 A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE SECOND
12 DEGREE WHEN HE OR SHE OWNS OR IS A BAILEE OR OTHER KNOWING AND VOLUNTARY
13 POSSESSOR OF A WEAPON AND STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS
14 OR HER IMMEDIATE POSSESSION OR CONTROL WITHOUT HAVING FIRST SECURELY
15 LOCKED SUCH WEAPON
IN AN APPROPRIATE SAFE STORAGE DEPOSITORY OR RENDERED
16 IT INCAPABLE OF BEING FIRED BY THE USE OF A GUN LOCKING DEVICE APPROPRI-
17 ATE TO THAT WEAPON.
emphasis added

So still available for self defense.

Do it once, get a warning.
Do it twice in 10 years, class A misdemeanor and lose your gun license for 5 years.
Have it removed from your home by someone not allowed to use it, class A misdemeanor
That gun taken from your home is then used to injure someone, class E felony.
 
Heller won't apply. This law can be summarized as "Guns must be locked up or in your immediate control."


A PERSON IS GUILTY OF FAILURE TO STORE A WEAPON SAFELY IN THE SECOND DEGREE WHEN HE OR SHE OWNS OR IS A BAILEE OR OTHER KNOWING AND VOLUNTARY POSSESSOR OF A WEAPON AND STORES OR OTHERWISE LEAVES A WEAPON OUT OF HIS OR HER IMMEDIATE POSSESSION OR CONTROL WITHOUT HAVING FIRST SECURELY LOCKED SUCH WEAPON IN AN APPROPRIATE SAFE STORAGE DEPOSITORY OR RENDERED IT INCAPABLE OF BEING FIRED BY THE USE OF A GUN LOCKING DEVICE APPROPRIATE TO THAT WEAPON.
emphasis added

So still available for self defense.

Here's what SCOTUS had to say on the matter in Heller:

3. The handgun ban and the trigger-lock requirement (as applied to
self-defense) violate the Second Amendment. The District’s total ban
on handgun possession in the home amounts to a prohibition on an
entire class of “arms” that Americans overwhelmingly choose for the
lawful purpose of self-defense. Under any of the standards of scrutiny
the Court has applied to enumerated constitutional rights, this prohibition—in the place where the importance of the lawful defense of self, family, and property is most acute—would fail constitutional muster. Similarly, the requirement that any lawful firearm in the home be disassembled or bound by a trigger lock makes it impossible for citizens to use arms for the core lawful purpose of self-defense and is hence unconstitutional.
emphasis added

If I understand your argument correctly, you're saying the NY law bypasses Heller because NY allows you to have a gun ready for defensive purposes as long as you carry it around with you whenever you're in the house.

I understand the distinction, but I don't think that's what SCOTUS had in mind.
 
If I understand your argument correctly, you're saying the NY law bypasses Heller because NY allows you to have a gun ready for defensive purposes as long as you carry it around with you whenever you're in the house.

I understand the distinction, but I don't think that's what SCOTUS had in mind.

I would treat the intent of the law is 'lock it in the safe when you leave the house.' This is reinforced by the portion where it describes a higher offense for the gun leaving the house, not just being picked up by someone else. This could be wrong but that's how I read it, it was just a quick scan.
Not sure if "Immediate possession or control" is defined or has an accepted general meaning in NY law. I consider items in my house to be in my immediate possession even if in a different room but there may be a different definition.
 
Come on guys,
Come visit Aussie and you will really see some thing about gun control.
All guns and rifle have to be secured in safe bolted to the floor at all times and all ammo has to be locked in a separate storage area.
And now we have to secure all weapons whilst transporting to your club i a steel lockable box with either steel chain secured inside the boot of vehicle or a lockable metal case secured to your vehicle either by bolted or welded.
If you are stopped by police and you not abiding the legislation your firearms license and all firearms even the ones at home in the safe are confiscated and you will be charged under the firearms act and if found guilty will lose your license fined your imprison if they deem the case serious . Also you lose your license indefinite and will only
get it back if you can afford a good lawyer.
The new laws have just been amended that if you have a magazine more than 10 rounds or parts that change the or enhance or machinery to make or change a weapon you will be charged. This also effects the amount of powder and primer you are allowed on your premise. They feel by bring in the laws the actively controlling the criminals. Which in fact is controlling law abiding registered firearm club members. Our Association here are teeth less tigers not like your NRA in USA which has a bit more say in what happening for there members.
Well sorry i got on the band wagon but its a sore point over here through out the shooting community.
Stick to your guns over there and try and fight any legislation that may be bought to the senate
Regards
coonan1911
 
Just because you don't have the same rights down under does not mean we should accept these blatant attempts to circumvent our rights, since they are not as draconian as what you are being force fed. If you give a mouse a cookie, he will want a glass of milk.
 
I seriously doubt that's at all what coonan was saying.

MErl: Regardless of what you consider in your "immediate possession" NY doesn't tend to take the less restrictive option in these matters so I would assume that if it ain't touching your body it ain't in your possession.

So I think the Heller ruling has a decent crack at this. Then again. While we all like to think of gun grabbers as idiots. The NY one's are not quite so stupid. They know when one of their laws wouldn't fly in court and make sure to word it in a way that will pass.
They're not like Chicago gun grabbers who will enact blatantly illegal laws that everybody knows will be struck down.
 
This still makes me glad I live in Virginia where I can open carry a handgun without a permit, concealed carry with a permit, transport any weapons as long as the gun is unloaded and out of reach of the driver unless you are open carrying or concealed carrying with a permit. Now all we need is stand your ground law....
 
I didn't like Cuccinelli or McAuliffe but I've read up on McAuliffes gun control propositions and it does look bleak... but hopefully our General Assembly does not allow that stuff to happen. But even then if it does happen, in a year or two I'll be off to OCS then Camp Lejeune, North Carolina.
 
I didn't like Cuccinelli or McAuliffe but I've read up on McAuliffes gun control propositions and it does look bleak... but hopefully our General Assembly does not allow that stuff to happen. But even then if it does happen, in a year or two I'll be off to OCS then Camp Lejeune, North Carolina.
It will happen. I'm in VA too, and it has turned blue.
 
This still makes me glad I live in Virginia where I can open carry a handgun without a permit, concealed carry with a permit, transport any weapons as long as the gun is unloaded and out of reach of the driver unless you are open carrying or concealed carrying with a permit. Now all we need is stand your ground law....

Come to South Dakota! WE have all that, AND you can carry a fully loaded, uncased long gun in your vehicle sans any permit. I routinely drive with an AR-15 riding shotgun with me, loaded, stock collapsed, sitting on the passenger seat, muzzle towards passenger door. Fits perfectly :)
 
Good God you guys are getting hammered. Hope you stop it. If you don't well that's why we have them in the first place. :)
 
Come to South Dakota! WE have all that, AND you can carry a fully loaded, uncased long gun in your vehicle sans any permit. I routinely drive with an AR-15 riding shotgun with me, loaded, stock collapsed, sitting on the passenger seat, muzzle towards passenger door. Fits perfectly :)
I wish I could! I had my 870 in my shotgun seat loaded because I was heading to my girlfriends house in she lives in a (using politically correct words) "Lower-income area" as in there are gunshots fired on her street or a street or two over at least once a week. Their car got hit once. But I had it loaded and ready just in case and I got stopped by a Petersburg Officer and he said "Being in visible sight and now loaded it looks very threatening but I'll let you go this time" so he unloaded it when he took it to his car to check its numbers and gave it back to me and told me to put it behind my seat and ammo in the glove box or console. Which sucks because I don't have a gun rack and I have a single cab Chevy S10 so there's not much room and the whole ride I could hear the shotgun sliding around banging the seat rails and such.

One of my buddies lives in North Dakota now and absolutely loves it. I have contemplated it. With the way Virginia is going, as much as I love my home state, its not looking very good.
 
It's understandable that we have rules here against political discussions. But the way things are going, I'm afraid politics are just a part of gun ownership. No way to get around it. Otherwise, might as well just close down the whole Legal sub-forum altogether.
 
I didn't like Cuccinelli or McAuliffe but I've read up on McAuliffes gun control propositions and it does look bleak... but hopefully our General Assembly does not allow that stuff to happen. But even then if it does happen, in a year or two I'll be off to OCS then Camp Lejeune, North Carolina.
Running won't stop the spread of anti 2A laws. Possibly it could damage the pro 2A cause even further. Make a case, take up the fight. Voting with the feet is making NJ, where I am, even worse. We had a pro 2A candidate that couldn't get enough signatures to even begin to make a run. Too many folks unwilling to do anything or heading out of the state. Sad.

Just my dos centavos. Only worth what you've paid for them.

C
 
BryceChambers:
I wish I could!
We can!

There's nothing illegal about openly carrying a loaded firearm in VA. There's no mechanism for the LEO to run the numbers of your firearm either.
A handgun can be secured in a container or the glove box, or in plain view, and it doesn't have to be unloaded either. Long arms are no different, and the whole state has preemption so it can't be an issue of localities either. Know the law, know your rights, and don't let a cop thinking you look "threatening" get in the way of you and those rights.
 
If the people who live in NY like being unarmed and dictated to by the government, then so be it if you ask me. I don't understand why some get upset over what NY and CA do because the people who live there keep voting these anti gun extremist into office, so they're getting exactly what they ask for. I only get upset when CA and NY politicians try to force their views and values on other states.
 
If the people who live in NY like being unarmed and dictated to by the government, then so be it if you ask me. I don't understand why some get upset over what NY and CA do because the people who live there keep voting these anti gun extremist into office, so they're getting exactly what they ask for. I only get upset when CA and NY politicians try to force their views and values on other states.
I agree, but this doesn't make since. Americans don't take well to being dictated by others. This use to be well known, that New Yorkers don't take crap from any body. Something is not right here. After seeing all the ridiculous, tyrannical, crap come down the political pipeline in NY, I find it harder and harder to believe that the people are voting for it. I'm starting to believe that those elections are determined by corruption and not vote count.
 
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