hummm can I make a lot of money bringing handguns to ny:lol: if so how much should i ask
You should ask for the state minimum 3 1/2 years in prison instead of the state max of 15.
hummm can I make a lot of money bringing handguns to ny:lol: if so how much should i ask
Actually reading the law the way it was written, it seems that the gun can be considered loaded even it there is ammo present anywhere at the same time as the weapon is present. mag or no mag. As a LEO I think it's really grasping and just ammo for a plea, but it still real and from case law that exists, officers have made the arrest and DA's have decided to prosecute, with the verdicts being uphelp.
What do you think after reading this?
http://forum.opencarry.org/forums/s...n-in-vehicle&p=1452477&viewfull=1#post1452477A loaded weapon is just as loaded if the rounds were sitting on the floor instead of in a magazine. The question is whether FOPA requires the magazines to be empty for transport, and no one has clarified that yet....
http://forum.opencarry.org/forums/s...n-in-vehicle&p=1452938&viewfull=1#post1452938A magazine with ammunition is not a "handgun;" a handgun in one box and a box of ammunition in another box is a "loaded handgun."
http://forum.opencarry.org/forums/s...n-in-vehicle&p=1453326&viewfull=1#post1453326If it is NYS law we are talking about, the mag has no part in the equation; the ammunition could be tucked up my rectum and the gun would be considered just as loaded as if the loaded magazine was sitting in it.
http://forum.opencarry.org/forums/s...n-in-vehicle&p=1452198&viewfull=1#post1452198An out of state resident with ammunition for their legally owned handgun must have a legal origin and destination, if not, the state law applies and they have a loaded "firearm" within the terms of state law which has nothing to do with magazines or locked containers for the ammunition etc.
http://forum.opencarry.org/forums/s...n-in-vehicle&p=1452428&viewfull=1#post1452428the distinction for "loaded" within the PL encompasses the mere possession of loose rounds
Thanks for all the responses. So basically, the only way I can get this gun from NJ to CT is to have him sell it to me and ship it from a gun store to a gun store in CT? If I'm hearing you right? That sucks, but if thats the case than thats the case...stupid laws. Thanks for bringing up NY too, I don't know why I didn't consider that, unless in my haste, I thought he was going to magically appear in CT from NJ. He would have to have a permit to possess a firearm in the place of origin and destination. I wonder if there is a place in NJ where he could throw the gun to me without crossing the border...short of that, it looks like I'm out of luck.
OMG that is what I told you last month when we had this discussion...
http://forum.opencarry.org/forums/s...n-in-vehicle&p=1452477&viewfull=1#post1452477
http://forum.opencarry.org/forums/s...n-in-vehicle&p=1452938&viewfull=1#post1452938
http://forum.opencarry.org/forums/s...n-in-vehicle&p=1453326&viewfull=1#post1453326
http://forum.opencarry.org/forums/s...n-in-vehicle&p=1452198&viewfull=1#post1452198
http://forum.opencarry.org/forums/s...n-in-vehicle&p=1452428&viewfull=1#post1452428
Ur killin me here guy.
I haven't given up yet, still trying to find it. Just a bit time consumeing but I swear I read it. I hope it wasn't something CA that I read. But i'll keep working on it. The definition that I am trying to find described a magazine to be " part of the handgun ".
And I don't want to argue since we now seem to get along and agree on most, but that's not really what I understood you to say earlier.
I say a weapon could be considered loaded in NYS with ammo. in the mag. seperate from the handgun , and according to the statute, it is. Even worse, it can be considered loaded without a loaded mag. Just by having ammo in the vacinity of the weapon.....
Is that what you feel to be the case also? And if that is what you were trying to convay to me, then I apologize.
You don't need to apologize, but yes, that is the size of it. If you have a single round of ammunition under the floor mat of your car and a gun in the locked box in the trunk, it is loaded IF when it gets sent to the lab that round of ammunition can be used to discharge the firearm. It is a matter of degrees of offense as you pointed out though, and in any event, the definition of loaded/unloaded in the NYS PL doesn't apply to FOPA. While FOPA is unclear in regards to protected magazines and protected types of ammunition possession of ammunition in New York is not illegal like possessing hollow points in NJ, and so long as you abide by the federal guidelines you should be OK.
Does NY not have an exemption for hunting/recreational shooting? Even NJ has one as long as you transport directly to/from the range/home.