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Old October 18, 2012, 06:31 PM   #16
Brian Pfleuger
Moderator Emeritus
Join Date: June 25, 2008
Location: Western Colorado, finally.
Posts: 19,118
First off, the point that suppressors are not legal by any normal understanding of the word is absolute fact. There are EXCEPTIONS to the law but they are EXCEPTIONS. You could just as easily say it's legal to kill someone in every state. It is legal to kill someone, the same way suppressors are "legal" in every state, with specific exceptions but not under any normal conditions.

Second, the very law that you quoted:

ยง 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third
degree when:

(1) Such person commits the crime of criminal possession of a weapon
in the fourth degree as defined in subdivision one, two, three or five
of section 265.01, and has been previously convicted of any crime; or
(2) Such person possesses any explosive or incendiary bomb, bombshell,
firearm silencer, machine-gun or any other firearm or weapon simulating
a machine-gun and which is adaptable for such use;

I live here. I know how they interpret the word "possesses" and "possession". Just like it's illegal for a person without a handgun permit to so much as PICKUP a handgun, and gun shops won't even let you touch one, without a permit. You can't shoot your buddies handgun. You can't even pick it up, legally. It's not even legal for me, with my handgun permit, to shoot your handgun, unless your gun is listed on my permit. It's not even normal to say "Handguns are legal in NY" without qualifying it with "if you get a permit" and handguns are far, far more common, generally accessible to anyone and substantially easy to get in the vast majority of the state.

Suppressors are not different. Without being one of the EXCEPTIONS to the law that makes them ILLEGAL, simply holding one in your hand is illegal. It doesn't much matter if you believe it or not, it's true.

Anyway, I've had quite enough. It's obvious that you have some sort of agenda or incentive to convince people that suppressors are legal in all 50 states. Maybe it's because you've worked closely getting it done and it sounds like more has been accomplished to say it. I have no idea. All I know is that it's clearly not true by any normal understanding of the words nor by my experience or anyone else I've ever met in NY.

Possessing silencers legally in NY is the EXCEPTION to the law. It's inarguable. When something is an exception, the "normal state", the common condition, that which is generally so, is the opposite of the exception. Legality is the exception, suppressors are normally illegal in NY.

I have nothing more to say on the matter.
Still happily answering to the call-sign Peetza.
The problem, as you so eloquently put it, is choice.
-The Architect
He is no fool who gives what he can not keep to gain what he can not lose.
-Jim Eliott, paraphrasing Philip Henry.

Last edited by Brian Pfleuger; October 18, 2012 at 06:38 PM.
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