Concealed carry of a blank pistol

Tortuga · November 18, 1999, 07:02 PM

I live in Westchester County, New York, where it's virtually impossible to obtain a CCW permit.

I won't go into details, but they're making it very difficult for law-abiding citizens to even OWN a handgun in Westchester County. For example, as software developer that runs a business out of my home, I'd be denied the right to own a handgun.

The easy answer to this problem is that I should move. Unfortunately, moving now is simply not an option.

What about handgun replicas that only fire 8mm blanks? While they're incapable of firing real bullets, they look real and make one hell of a bang when fired.

Can I legally own these guns in New York? Can I carry them concealed? I don't see any reference to them on the NRA's state firearm law pages with the exception of, "It is a crime to possess a fake or imitation handgun with intent to use it unlawfully." I'm not going to hold up a bank with it, so it seems to me that it's legal to possess and carry.

The Sportsman's Guide sells them but they said that shipping was restricted to my zip code. That's not a good sign.

I know it's better to carry a real gun for self-defense. However, 49 out of 50 times a person uses a gun in self-defense, they never even fire a shot. If they do, it's often a warning shot. It seems to me that carrying a fake handgun has an excellent chance of saving one's life.

Any ideas on the subject?

Trevor · November 18, 1999, 07:17 PM

First, obey the law in your state, no matter how onerous it may be.

Second, don't bother carrying a blank pistol. It will just get you into more trouble than is even worth detailing here.

Third, seriously, move. Not to sound offensive or anything but New York is the pits. Who needs it?

ctdonath · November 18, 1999, 07:22 PM

1. A threat is useless if you can't carry thru on it. It may work, but if he figures it, or freaks out, out you'll rapidly go into "oh [color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color]" mode.

2. If caught, you'll probably get tossed in jail until the authorities figure out the legality of posession...and they'll probably take their time doing so and cost you a bundle.

3. "The right to bear arms shall not be infringed." FILE A LAWSUIT. http://www.thefiringline.com:8080/fo...threadid=24366

4. Consider moving.

Jim V · November 18, 1999, 07:43 PM

In some areas the carrying of a blank pistol that LOOKS real is concidered the same as carrying the actual pistol. There have been people convicted of armed robbery when all they had was a toy capgun that did not look that real. They had been robbing the place and the toy looked real enought for the robee to think his life was in danger. One of the requirements for Armed Robbery at least in Michigan. The perp had to be armed, there had to be the use of force or the threat of force and the victim had to be in fear for his life. I sure would not want to carry a real looking blank gun for any type of protection.

There have been juveniles shot and killed by police officers because they pointed real looking toys at the cops and said something real stupid like, "Die Pig."

------------------
Ne Conjuge Nobiscum
"If there be treachery, let there be jehad!"

Witness-P · November 19, 1999, 08:41 AM

"It is a crime to possess a fake or imitation handgun with intent to use it unlawfully."
That should say it all to you right there.
If carring concealed and you dont have a permit your breaking the law.
Second if a BG comes at you and you pull a gun it better be real because most of them DON'T use blanks.

------------------
"Guns are no more responsible for killing people than the spoon is responsible for making Rosie O'Donnell fat."

November 18, 1999, 07:02 PM	#1
Tortuga Member Join Date: May 19, 1999 Posts: 92	I live in Westchester County, New York, where it's virtually impossible to obtain a CCW permit. I won't go into details, but they're making it very difficult for law-abiding citizens to even OWN a handgun in Westchester County. For example, as software developer that runs a business out of my home, I'd be denied the right to own a handgun. The easy answer to this problem is that I should move. Unfortunately, moving now is simply not an option. What about handgun replicas that only fire 8mm blanks? While they're incapable of firing real bullets, they look real and make one hell of a bang when fired. Can I legally own these guns in New York? Can I carry them concealed? I don't see any reference to them on the NRA's state firearm law pages with the exception of, "It is a crime to possess a fake or imitation handgun with intent to use it unlawfully." I'm not going to hold up a bank with it, so it seems to me that it's legal to possess and carry. The Sportsman's Guide sells them but they said that shipping was restricted to my zip code. That's not a good sign. I know it's better to carry a real gun for self-defense. However, 49 out of 50 times a person uses a gun in self-defense, they never even fire a shot. If they do, it's often a warning shot. It seems to me that carrying a fake handgun has an excellent chance of saving one's life. Any ideas on the subject?

November 18, 1999, 07:17 PM	#2
Trevor Senior Member Join Date: February 6, 1999 Posts: 384	First, obey the law in your state, no matter how onerous it may be. Second, don't bother carrying a blank pistol. It will just get you into more trouble than is even worth detailing here. Third, seriously, move. Not to sound offensive or anything but New York is the pits. Who needs it?

November 18, 1999, 07:22 PM	#3
ctdonath Senior Member Join Date: April 11, 1999 Posts: 1,904	1. A threat is useless if you can't carry thru on it. It may work, but if he figures it, or freaks out, out you'll rapidly go into "oh [color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color][color=#FF0000]█[/color]" mode. 2. If caught, you'll probably get tossed in jail until the authorities figure out the legality of posession...and they'll probably take their time doing so and cost you a bundle. 3. "The right to bear arms shall not be infringed." FILE A LAWSUIT. http://www.thefiringline.com:8080/fo...threadid=24366 4. Consider moving.

November 18, 1999, 07:43 PM	#4
Jim V Senior Member Join Date: January 31, 1999 Location: SE Michigan - USA Posts: 4,038	In some areas the carrying of a blank pistol that LOOKS real is concidered the same as carrying the actual pistol. There have been people convicted of armed robbery when all they had was a toy capgun that did not look that real. They had been robbing the place and the toy looked real enought for the robee to think his life was in danger. One of the requirements for Armed Robbery at least in Michigan. The perp had to be armed, there had to be the use of force or the threat of force and the victim had to be in fear for his life. I sure would not want to carry a real looking blank gun for any type of protection. There have been juveniles shot and killed by police officers because they pointed real looking toys at the cops and said something real stupid like, "Die Pig." ------------------ Ne Conjuge Nobiscum "If there be treachery, let there be jehad!"

November 19, 1999, 08:41 AM	#5
Witness-P Junior Member Join Date: November 7, 1999 Posts: 10	"It is a crime to possess a fake or imitation handgun with intent to use it unlawfully." That should say it all to you right there. If carring concealed and you dont have a permit your breaking the law. Second if a BG comes at you and you pull a gun it better be real because most of them DON'T use blanks. ------------------ "Guns are no more responsible for killing people than the spoon is responsible for making Rosie O'Donnell fat."