Or as far as I can tell, an ar "pistol", with an overall length of 26"+, with a detachable magazine, flash hider, forward grip, barrel shroud, and an unloaded weight of 75 ounces.
But just to reiterate, I am not a lawyer, I did not stay at a holiday Inn last night, and I am not sure enough...
By federal law, it's a "firearm", but not according the nys.
New York doesn't specifically call out a catch all category, that any not specified gun would fall into, so it would seem that it is unregulated by nys.
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Correct, they do not meet the nys definition of "firearm" so they would not be subject to any nys law regarding "firearms"
Both are also labelled not a pistol under the federal definition if they have an overall length of more then 26".
That brings the really interesting question, if it...
I don't even want to guess, even federal law defines a shotgun as having a smooth bore. I honestly do know where "shotguns" with rifled barrels would fall.
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No shotguns and rifles are not exempt.
According the the new York state definition of "firearm" only very specific things are "firearms", shotguns and rifles are not included in that definition. Shotguns and rifle do not need an exemption because they do not meet the legal definition of a...
Nys clearly defines a shotgun
From penal code 265.00
Perhaps the interesting thing, is according to state law all those 12 gauge shotguns with rifled barrels are not really shotguns at all.
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Why should they be illegal? They do not meet the nys definition of any banned gun that I am aware of, do you know of someplace that they would be banned?
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This is completely false. Nys defines "firearm", but that definition does not include shotguns or rifles, the definition is found in section 265.00 of the penal code. The definition includes pistols, short barreled shotguns, short barreled rifles, assault weapons as defined later in section...
No, that would be a violation of federal law, so the federal definition of "firearm" would be used. However in NY when dealing with NYS Penal code, you use the NYS definition of "Firearm".
correct, but earlier you said
I am saying that just because it meets the federal definition of a firearm, does not mean that it meets NYS definition of firearm. If we applied the federal definition of Firearm to NYS law, ever single gun would be illegal. You are using the federal definition of...
That isn't exactly right as far as I can tell. The federal definition of firearm, is hugely different from the NYS definition of firearm,
Federal
NYS
If the supremacy clause means the federal definition of pistol applies to NYS, then the gun we are talking about, a short barrelled...
I can't find where nys defines pistol, and I did a lot of looking. I would assume that that means one of two things. 1, the use the federal definition, in which case an ar "pistol" with and oal of 26"+ is not a pistol and there fore not an assault weapon regardless of configuration. Or 2, a...
That is the million dollar question. Given that it isn't a rifle, isn't a shotgun, and according to the atf isn't a pistol, it seems like it couldn't qualify as an assault weapon in ny regardless of its features. Having said that, I don't have a legal defense fund, so I put a mag lock on mine...
Yeah, must be a monroe county thing they want barrel length on the ammendment form. Although a note on barrel length, if you go long enough to reach an oal of more then 26 inches, the atf no longer considers it a handgun, and you can put a vertical grip on it, without running afoul of the aow...
You do realize most of Europe including Germany does set minimum ages to both drink and purchase alcohol right?
Some even have convoluted tiered systems that depend on the ABV to determine the minimum age.
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I recently build an ar pistol and ran into a couple of small issues.
The first and most disappointing was the wanna be lawyer working behind the counter, that was sure I would be breaking nys law and possibly federal law by building the lower as a pistol. I had already spoken to the owner of...
They should when a state shits on a legally ratified ammendment to the United states constitution. If a state banned catholics, everyone would expect the feds to step in and protect the first ammendment rights, nothing wrong with the fed stepping in to protect the rights guaranteed by the...
Just went and checked it out. I also saw that you can provide feedback on the definition, including marking it as incorrect, and provide comments as to why.
Could it be that the definition changed because of feedback from the left? Either way I provided feedback, including the correct...
An unborn child's right to life is protected under federal law, but the mother and abortion providers are exempted from the law. That is the problem, an unborn child can not have a right to life in some situations, and yet allow the mother to waive that right. A person either has the right to...
That is all true, if you assume that an unborn child has not legal protection. That is not the case under current us law. Us law says that it is illegal to kill a child in the womb, but in the same section excludes abortion. This legal double standard is the problem. A mother can not waive her...
From a moral aspect, all abortion seems wrong to me, but I can not see a complete legal ban ever being successfully implemented. I do firmly believe there needs to be far more restrictions on it though. For example late term abortions an abomination and should be outlawed. There needs to be a...
Doesn't seem like it has happened completely yet, and in some smaller markets may never happen, but this is the plan I heard floating around a while back.
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I second turning the brass. I have seen it while loading rimmed ammo, but also occasionally when loading rimless. Turning it almost always takes care of it.
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Was the bill actually resubmitted? I saw this earlier, but when I went and looked I could only find it for the 2015-2016 session
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I always assumed it was to prevent the nose of the cartridge from rubbing the front of the magazine, either slowing things down with a weak mag spring or contributing to a nose dive.
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That map may give you hope, but this one makes me feel like ny is a lost cause. This is the election results for shumer
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Very cool. I'll have to dig up some printer paper and get to the range. Used to have a good time doing the e-postal matches on the other forum
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I am not sure Obama will pardon her. The Clintons and Obama s seem to play nice out of necessity, but it seems like there is some deep resentment there. I think it really depends on a few things. How much dirt does hillary have on Obama, how much that dirt could still effect Obama, and what...
Sure he can, there doesn't even need to be an indictment. Presidents can and have pardoned people in the past for crimes they were not yet charged with.
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Makes you really wonder how much it would cost to make Hillary a Pro-2a candidate. The more that comes out, the less I think actually stands for anything, and think that all that matters is the cash, and for the right amount, she will take any position you want.
Well, after getting a little side tracked, we get back to the facts. In that case the Dec officer is an assbag, and if your friend was so inclined I would talk to the sheriff about about it, and see what he has to say about the Dec trespassing.
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It makes sense, and I'm not saying it shouldn't be that way, but that's not the way it is. Straight from the Dec
Posting Information for Landowners, Boaters, Fishermen and Hunters - NYS Dept. of Environmental Conservation
It also covers unposted property
It is only after someone has been...
I'm not sure where your getting that based on nys law. Even the simple trespass violation says "a person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises". (Penal code section 140.05)
Penal code 140.00.5 specifically states that unless the land is fenced...
Huh just happened again, maybe it isn't fixed or maybe it comes and goes. I grabbed the error message this time
My post went through, but I had to back out of the editor, and then fresh the thread to see it
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I would agree morally it is trespassing, but the only nys laws I have ever seen that cover criminal treapass, deal with entering a dwelling/building or an enclosed piece of property.
Per nys law, a fence or posting seems to be required
I'm always up for learning so if you have some case or...
I would agree morally it is trespassing, but the only nys laws I have ever seen that cover criminal treapass, deal with entering a dwelling/building or an enclosed piece of property.
Per nys law, a fence or posting seems to be required
I'm always up for learning so if you have some case or...
I'm curious is anyone else is having an issue with posting from tapatalk? Everytime I go to post, I get an error that pops up for a second before it fades away. If I back out of the post and refresh the thread, my post will be there, it just never reports as successfully posted, not a big deal...
Was the property posted, or fenced? As far as I know anyone can legally walk on to an unposted/unfenced property. It's an asshole move, but legal as far as I know. So if the property wasn't posted or fenced, no warrant or rs/pc would be needed.
I'm not doubting your story, just curious.
Sent...
Was the property posted, or fenced? Ad far as I know anyone can legally walk on to an unposted/unfenced property only, it's an ass hole move, but legal as far as I know. So if the property wasn't posted or fenced, no warrant or rs/pc would be needed.
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I would appreciate a pm with who you guys are still getting shipments from. I have an ffl that is happy to do it, but I'd rather save myself the drive and 10$ per shipment
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All of these stories start with the game warden lying, and while that could happen I would ask why bother. If a cop is going to lie to gain access to your property, it is simpler for the officer to simply lie, rather then involve someone else, from a different agency, and have them tell a lie...