NY state Gun law 265.03

[lobo9er]

§ 265.03 Criminal Possession of A Weapon in The Second Degree.
A person is guilty of criminal possession of a weapon in the second degree when:
(1) with intent to use the same unlawfully against another, such person:
(a) possesses a machine-gun; or
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or
(2) such person possesses five or more firearms; or
(3) such person possesses any loaded firearm. Such possession shall not, except as provided in
subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision
if such possession takes place in such person's home or place of business. Criminal possession of a
weapon in the second degree is a class C felony.

 

[lobo9er]

(2) is what I am not sure of. would this be 5 illegal firearms?

 

[hermannr]

Look in the definitions of what a firearm is: (265.00)

" 3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon. For the purpose of this subdivision the length of the barrel on a shotgun or rifle shall be determined by measuring the distance between the muzzle and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked; the overall length of a weapon made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Firearm does not include an antique firearm. "

If you read the whole "265.XX" it would take a Philadelpha Lawyer to figure out what they were really trying to say.

There also have something at the end of the section that is really strange? (265.40)

" It shall be lawful for a person or persons residing in this state, to purchase or otherwise obtain a rifle and/or shotgun in a contiguous state, and to receive or transport such rifle and/or shotgun into this state; provided, however, such person is otherwise eligible to possess a rifle and/or shotgun under the laws of this state."

It shall be lawful????

 

[NavyLCDR]

There also have something at the end of the section that is really strange? (265.40)

" It shall be lawful for a person or persons residing in this state, to purchase or otherwise obtain a rifle and/or shotgun in a contiguous state, and to receive or transport such rifle and/or shotgun into this state; provided, however, such person is otherwise eligible to possess a rifle and/or shotgun under the laws of this state."

It shall be lawful????

That is an obsolete law which was required to make interstate sales of rifles by FFLs legal, prior to a 1986 amendment to the GCA of 1968. The August 2004 ATF Newsletter to FFLs explains it:

http://www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2004-08.pdf

The paragraph in question in the opening statute makes it illegal to possess 5 or more pistols or revolvers in New York state as well as SBRs, SBSs, AOWs and what they define as assault weapons, or any combination thereof.

 

[Standing Wolf]

That'll sure turn the tide against violent criminals!

Oh. Was I supposed to say that with sincerity?

 

[lobo9er]

makes your head spin.

 

[AuthorityDenied]

Try living with these types of laws every day. It is intolerable.