New York state gun laws

travywestside · May 27, 2011, 08:29 AM

I live in pa, but im going to visit family in new york for the weekend. I know i cant take my hand guns or my AR-15s, but can anyone tell me if i can take my .45 carbine?

mikejonestkd · May 27, 2011, 08:49 AM

Take a look here:

http://www.nyfirearms.com/forums/law...-1-rifles.html

Hope this helps.

travywestside · May 27, 2011, 09:05 AM

Quote:

Take a look here:

http://www.nyfirearms.com/forums/law...-1-rifles.html

Alright. My carbine fits the first three criteria, but not the fourth(because the link said the gun has to have TWO of the listed features, and my gun only has one).
so my carbine is semi auto
It does accept detachable mags
It was definitely manufactured after sept. 1994
It HAS a pistol grip, but NO telescoping stock, NO bayonet mount, NO flash suppressor or threaded barrel, and NO grenade launcher

So i guess im still not sure if its considered an assault rifle....

mikejonestkd · May 27, 2011, 09:15 AM

Here's another link:

http://ypdcrime.com/penal.law/article265.htm

You are correct, you have one feature listed in the general exclusions but you do not have :
(ii) a semiautomatic rifle that cannot accept a detachable magazine
that holds more than five rounds of ammunition;

Since it is capable of accepting larger mags then it is illegal

So, don't bring it.

travywestside · May 27, 2011, 09:22 AM

alright. Thanks for the help

p.s Ny really has dumb*** gun laws

NJgunowner · May 27, 2011, 10:25 AM

Mike I think you may have read that wrong.

It specifically states a rifle that CANNOT except a detachable magazine. IE FIXED.

What they are referring to is a rifle that doesn't use magazines but instead holds the rounds internally, like a Browning .22 auto. By the definition your using ANY rifle with a detachable magazine would be illegal, as you could easily buy larger magazines.

This would be more relevant. If you are just bringing it to bring it, don't.

Non-residents

Possession of firearms by a person who is a nonresident of this state is lawful while attending or traveling to or from an organized convention or exhibition approved by the NRA, and in which the nonresident is a registered participant within forty-eight hours of such event, provided that the nonresident has not been previously convicted of a felony and further provided that the firearms are transported unloaded in a locked opaque container together with a copy of the convention or exhibition program, convention or exhibition schedule or convention or exhibition registration card. This provision does not apply in NY cities not wholly contained within a single county.

A non-immigrant alien may possess a rifle or shotgun for use while hunting provided he has a valid hunting license issued by New York State and an approved gun import form from the BATFE.

mikejonestkd · May 27, 2011, 12:04 PM

NJ, you are correct, I cut and pasted the wrong section of the law. still, the answer is the same, he can not bring it to NYS.

hermannr · May 27, 2011, 10:57 PM

Be careful with the wording in NY State law. They use their own definitions, and the list of definitions is at the beginning of the penal code. Specifically: "firearms" are defined in Article 256.00.3

Basically, for the NY law to call something a "firearm" everyone else would call it a pistol, revolver, short barrel rifle or shotgun Per. the federal definition of same.

do not look at NY state law thinking you understand what they mean...read the definitions FIRST. If NY code wants to ban a particular rifle (using their definitions) they would call it a "dangerous weapon".

A second thing that they do is they use negatives so read carefully. Personally, I do not take my guns into NY State. I use my BIL's when I am there.

ConlawBloganon · May 28, 2011, 07:01 AM

"Shall not be infringed" always seemed pretty unambiguous to me, but I guess they're not speaking the same King's English up in NY as the rest of us.

2amencw · June 7, 2011, 12:18 AM

The laws in NY state drive me nuts. I grew up there but live in the Buckeye region now. I have to review anything I want to bring before I go back to hunt or fish. Ammo, broadheads, bow, fishing tackle, decoys I mean seriously...It makes my heart ache to think about ever moving back there. The laws make no sense, well probably because they are written by people from the big cities who are amazed at the sight of a herd of holsteins. 98% of New York is pretty rural but it is ruled by a virtual monarchy. There is a running "game" with NYS Troopers, they get their kicks finding guns in out of state cars and really putting it to you.

May 27, 2011, 08:29 AM	#1
travywestside Member Join Date: March 15, 2011 Location: Erie, PA Posts: 44	New York state gun laws I live in pa, but im going to visit family in new york for the weekend. I know i cant take my hand guns or my AR-15s, but can anyone tell me if i can take my .45 carbine? __________________ "I have a very strict gun control policy: if there's a gun around, I want to be in control of it." - Clint Eastwood

May 27, 2011, 08:49 AM	#2
mikejonestkd Senior Member Join Date: January 3, 2006 Location: Brockport, NY Posts: 3,716	Take a look here: http://www.nyfirearms.com/forums/law...-1-rifles.html Hope this helps. __________________ You are the bows from which your children as living arrows are sent forth.

May 27, 2011, 09:15 AM	#4
mikejonestkd Senior Member Join Date: January 3, 2006 Location: Brockport, NY Posts: 3,716	Here's another link: http://ypdcrime.com/penal.law/article265.htm You are correct, you have one feature listed in the general exclusions but you do not have : (ii) a semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; Since it is capable of accepting larger mags then it is illegal So, don't bring it. __________________ You are the bows from which your children as living arrows are sent forth.

May 27, 2011, 09:22 AM	#5
travywestside Member Join Date: March 15, 2011 Location: Erie, PA Posts: 44	alright. Thanks for the help p.s Ny really has dumb*** gun laws __________________ "I have a very strict gun control policy: if there's a gun around, I want to be in control of it." - Clint Eastwood

May 27, 2011, 10:25 AM	#6
NJgunowner Senior Member Join Date: February 13, 2009 Location: NJ Posts: 1,254	Mike I think you may have read that wrong. It specifically states a rifle that CANNOT except a detachable magazine. IE FIXED. What they are referring to is a rifle that doesn't use magazines but instead holds the rounds internally, like a Browning .22 auto. By the definition your using ANY rifle with a detachable magazine would be illegal, as you could easily buy larger magazines. This would be more relevant. If you are just bringing it to bring it, don't. Non-residents Possession of firearms by a person who is a nonresident of this state is lawful while attending or traveling to or from an organized convention or exhibition approved by the NRA, and in which the nonresident is a registered participant within forty-eight hours of such event, provided that the nonresident has not been previously convicted of a felony and further provided that the firearms are transported unloaded in a locked opaque container together with a copy of the convention or exhibition program, convention or exhibition schedule or convention or exhibition registration card. This provision does not apply in NY cities not wholly contained within a single county. A non-immigrant alien may possess a rifle or shotgun for use while hunting provided he has a valid hunting license issued by New York State and an approved gun import form from the BATFE. Last edited by NJgunowner; May 27, 2011 at 10:56 AM.

May 27, 2011, 12:04 PM	#7
mikejonestkd Senior Member Join Date: January 3, 2006 Location: Brockport, NY Posts: 3,716	NJ, you are correct, I cut and pasted the wrong section of the law. still, the answer is the same, he can not bring it to NYS. __________________ You are the bows from which your children as living arrows are sent forth.

May 27, 2011, 10:57 PM	#8
hermannr Senior Member Join Date: March 24, 2011 Posts: 730	Be careful with the wording in NY State law. They use their own definitions, and the list of definitions is at the beginning of the penal code. Specifically: "firearms" are defined in Article 256.00.3 Basically, for the NY law to call something a "firearm" everyone else would call it a pistol, revolver, short barrel rifle or shotgun Per. the federal definition of same. do not look at NY state law thinking you understand what they mean...read the definitions FIRST. If NY code wants to ban a particular rifle (using their definitions) they would call it a "dangerous weapon". A second thing that they do is they use negatives so read carefully. Personally, I do not take my guns into NY State. I use my BIL's when I am there.

May 28, 2011, 07:01 AM	#9
ConlawBloganon Member Join Date: May 28, 2011 Posts: 47	"Shall not be infringed" always seemed pretty unambiguous to me, but I guess they're not speaking the same King's English up in NY as the rest of us. __________________ http://www.conlaw-bloganon.blogspot.com

June 7, 2011, 12:18 AM	#10
2amencw Senior Member Join Date: December 3, 2008 Posts: 143	NY The laws in NY state drive me nuts. I grew up there but live in the Buckeye region now. I have to review anything I want to bring before I go back to hunt or fish. Ammo, broadheads, bow, fishing tackle, decoys I mean seriously...It makes my heart ache to think about ever moving back there. The laws make no sense, well probably because they are written by people from the big cities who are amazed at the sight of a herd of holsteins. 98% of New York is pretty rural but it is ruled by a virtual monarchy. There is a running "game" with NYS Troopers, they get their kicks finding guns in out of state cars and really putting it to you.