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Loaded Firearms/automobiles

Dom

By Dom,
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Lawdwaz Grand Master

Lawdwaz

Posted
Posted

and this is what the NYS Penal Law considers a "loaded firearm".....

15. "Loaded firearm" means any firearm loaded with ammunition or any

firearm which is possessed by one who, at the same time, possesses a

quantity of ammunition which may be used to discharge such firearm".......

and I was told first hand by an ECO, that he has written under the NYS Penal Law instead of the ECL in cases when he finds some with a long gun on the front seat and ammo right next to it...not always, but he can.

 

I love to see where anyone was ever ticketed for having an EMPTY gun but ammo "near by" like in his pocket, on the seat, ash tray (WTH is that anyway?) etc.

 

No way..............

 

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stoneam2006 Newbie

stoneam2006

Posted
Posted

I love to see where anyone was ever ticketed for having an EMPTY gun but ammo "near by" like in his pocket, on the seat, ash tray (WTH is that anyway?) etc.

No way..............

My car got searched once by a trooper bc I had a 22 shells in cup holder...he saw it from window

Sent from my SM-N920V using Tapatalk

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Pygmy Experienced

Pygmy

Posted
Posted

Years ago when this area was still shotgun only for deer, a friend of mine swears that his dad was ticketed for having his bolt action shotgun muzzle down in the front  of his pickup and the loaded detachable magazine on the dash..

 

 

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fasteddie Grand Master

fasteddie

Posted
Posted

A couple months ago I was stopped by a State Trooper because I had a Tail light out on my trailer . I had a guncase in the back seat covered with a blanket . The Trooper asked if I had a gun in the case . I said yes and did she want to see it . She told me no that it was okay . 

The case was locked and the gun had a trigger lock on it . Bullets were in my back pack .

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Lawdwaz Grand Master

Lawdwaz

Posted
Posted

Years ago when this area was still shotgun only for deer, a friend of mine swears that his dad was ticketed for having his bolt action shotgun muzzle down in the front  of his pickup and the loaded detachable magazine on the dash..

 

Maybe the cop considered the magazine enough of  part of the gun to consider it loaded??

 

Either way it's LAME!!

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wildcat junkie Contributor

wildcat junkie

Posted
Posted

Years ago when this area was still shotgun only for deer, a friend of mine swears that his dad was ticketed for having his bolt action shotgun muzzle down in the front  of his pickup and the loaded detachable magazine on the dash..

 

I know some state prohibit a loaded magazine in the vehicle W/the gun. I think the law in NY might be the same but I'm not sure.

 

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jrm Newbie

jrm

Posted
Posted

and this is what the NYS Penal Law considers a "loaded firearm".....

Under NYS Penal law, a "firearm" is essentially a handgun.

PL Section 265:

3. "Firearm" means (a) any pistol or revolver; or ( B) a shotgun having

one or more barrels less than eighteen inches in length; or © a rifle

having one or more barrels less than sixteen inches in length; or [more on guns where the barrel is shortened]

Thus, a loaded firearm in a vehicle is not the same (legally) as a loaded rifle or shotgun in a vehicle.

ECO law may or may not differ on that point, I am not sure. They only have info on their webpage, which is not the actual law. The wording of the law and the definitions included in that law are what matters.

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Five Seasons Grand Master

Five Seasons

Posted
Posted

I love to see where anyone was ever ticketed for having an EMPTY gun but ammo "near by" like in his pocket, on the seat, ash tray (WTH is that anyway?) etc.

 

No way..............

 

 

I know of a relative of a friend here in MS who paid multiple thousands of dollars for having loose rifle shells with the gun in the car.

 

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