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Old March 11, 2009, 09:41 PM   #1
2edgesword
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NYS...Loaded Shotgun in a Vehicle

I've read this statement on a number of websites related to carrying a loaded shotgun in a vehicle in NYS...

"Possession of any "loaded" rifle or shotgun in a vehicle is illegal."

Can someone point me to the specific section of the penal law related to this. I've read through article 265 and 400 but can't find it.
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Old March 12, 2009, 02:49 PM   #2
44 AMP
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Can't point you to the law, sorry

But you might have to look a bit further out. 40 years ago, when I lived in New York State, having a loaded rifle or shotgun in a car was illegal. The only loaded firearm allowed was a handgun, and there were restrictions on that.

The law has been on the books for a long time, and would apply to NYC as well. There might be (and probably is) seperate law for NYC adding to the general state law, I can't speak to that.
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Old March 12, 2009, 03:17 PM   #3
EricReynolds
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I don't know the penal code like that but I do know it is illegal. 44, a loaded handgun is also now illegal to carry in a car unless you have a ccw permit. If I want to go to the range, my pistols must be unloaded in the trunk and the ammo in the glove compartment.
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Old March 12, 2009, 03:27 PM   #4
2edgesword
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ER & 44

The law regarding handguns is very clearly stated in the penal code. On the other hand I haven't been able to find anything in the penal code that supports the statements I've read (which you've repeated) regarding shotguns and rifles.

Believe me, I'm not doubting the accuracy of those statements (especially with respect to NYS) and would err on the side of not doing it. Having said that it would be helpful to know where in the penal code that restriction is addressed.

I'm a little surprised that given the number of times this restriction is repeated by various source that no one has been able to point to the section of the penal law that address this issue.
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Old March 12, 2009, 05:02 PM   #5
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Not a lawyer...and not very computer search savy...sorry

But if there is actually no section of NYS law forbidding loaded firearms in motor vehicles, they have been pulling the wool over our eyes for a very long time. I was taught it was the law in Hunter Safety Classes, back in the 1960s!

It may be worded strangely, it may be in the Hunting regs, it may be tucked away in some unusual place in the Penal code, It may be in the DOT regs, I don't know. But I am certain that it is in there somewhere.

Why not just ask your local police what someone would be charged with (and under) for having a loaded rifle/shotgun in their car, and search from there?

Or, if you have money to throw away, actually hire a lawyer to do the research. Cheaper than getting in trouble with the law, always.

Beat cops are not always well versed in the more esoteric sections of the law, but I would think that for something like posession of a loaded firearm in a motor vehicle, they would have a general idea what section of the law they would be arresting you under. Waste a phone call and ask, the most they can do is give you a wrong answer. And they just might give you what you are looking for.
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Old March 12, 2009, 05:41 PM   #6
2edgesword
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44

I will find out the answer but figured that given the fact that the limitation is so often repeated it wasn't going to require any significant research. Having read the penal code and not being able to find it my first reaction was I'm missing something that's obvious. Not having received an answer I'm beginning to think it might not be so obvious.
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Old March 12, 2009, 06:25 PM   #7
Brian Pfleuger
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Environmental Conservation Law ยง 11-0931. Prohibitions on the use and possession of firearms.

1. No person except a law enforcement officer in the performance of
his official duties shall use in hunting or possess in the fields or
forests or on the waters of the state for any purpose:
a. the apparatus known as a silencer;
b. any automatic firearm, or any firearm which has been converted to
an automatic type, or any firearm which has a built-in mechanical
adjustment which will permit it to function as an automatic arm; or
c. any auto-loading firearm of a construction to contain more than six
shells in the magazine and chamber combined, except
(1) such a firearm using twenty-two caliber rim-fire ammunition, or
(2) such a firearm which has been altered so as to reduce its capacity
to not more than six shells at one time in the magazine and chamber
combined, or
(3) an auto-loading pistol having a barrel less than eight inches in
length.
d. An automatic firearm is defined as one which will continue to fire
as long as the trigger is held back. An auto-loading firearm is defined
as one which reloads itself after each shot and requires that the
trigger be pulled back for each shot.
2. No firearm except a pistol or revolver shall be carried or
possessed in or on a motor vehicle unless it is unloaded in both the
chamber and the magazine,
except that a loaded firearm which may be
legally used for taking migratory game birds may be carried or possessed
in a motorboat while being legally used in hunting migratory game birds,
and no person except a law enforcement officer in the performance of his
official duties shall, while in or on a motor vehicle, use a jacklight,
spotlight or other artificial light upon lands inhabited by deer if he
is in possession or is accompanied by a person who is in possession, at
the time of such use, of a longbow, crossbow or a firearm of any kind
except a pistol or revolver, unless such longbow is unstrung or such
firearm is taken down or securely fastened in a case or locked in the
trunk of the vehicle. For purposes of this subdivision, motor vehicle
shall mean every vehicle or other device operated by any power other
than muscle power, and which shall include but not be limited to
automobiles, trucks, motorcycles, tractors, trailers and motorboats,
snowmobiles and snowtravelers, whether operated on or off public
highways. Notwithstanding the provisions of this subdivision, the
department may issue a permit to any person who is non-ambulatory,
except with the use of a mechanized aid, to possess a loaded firearm in
or on a motor vehicle as defined in this section, subject to such
restrictions as the department may deem necessary in the interest of
public safety, and for a fee of five dollars. Nothing in this section
permits the possession of a pistol or a revolver contrary to the penal
law.


BTW, a rifle or shotgun that is LEANING on a vehicle is considered to be IN or ON and is therefore illegal. For instance, you're hunting and have your truck parked in a field, you come back for lunch and drop the tailgate for a place to sit. If your gun is touching your vehicle and loaded you COULD be ticketed.
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Old March 12, 2009, 06:55 PM   #8
2edgesword
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Environmental Conservation Law...incredible!

Thanks peetzakilla.
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