Loaded "Weapon" in Vehicle?
- Thread starter Chevusa
- Start date
pjzwtl
.308 Win
Actually can’t wait to hear your cool story when you get clipped with your “other” shoty loaded in the car.
You are the only person using the word "other". It appears nowhere else either in NYS law, DEC law, or ATF rulings.
SuffolkArms
.40 S&W
Otherwise referred to as simply a “firearm” by the ATF. But not a New York State “firearm”, anything but that.
nortatoga
.338 Win Mag
pjzwtl
.308 Win
Please be sure to record any encounters we can all use some chuckles
The same people who are all talk “2A!!!!! Every law is unconstitutional!!!!” loud mouths are the ones to spout off like wise guys about something that is boarder line not even illegal (hunting regulation violation), laughing, joking and daring that someone violates the “rule”. Total hypocrites!
nortatoga
.338 Win Mag
Didn't DARE you anything! You asked about having a loaded Shockwave in a vehicle in NYS! You didn't like the responses! The DEC law is about Jacking Game from a vehicle, So weather you are a Hunter or not it still applies! And be assured most LEO's are aware of the laws about loaded firearms in vehicles!
And by the way the 2nd Amendment did not apply to the States until 10 years ago!
Marine Cpl
.577 Tyrannosaur.
Not this BS again. Boy. It really bothers you that it does doesn’t it?
pjzwtl
.308 Win
Your funny who’s daring you? Maybe some of us are just trying to make you think before you do something stupid. You can temper tantrum all you like but it doesn’t change what will happen to you when/if you get nailed. And don’t assume for a moment us hypocrites like it anymore than you do.
repete
.338 Win Mag
I wish you well, I really do. But I still believe that the first time you get stopped for some traffic infraction and a cop see's that thing and it's loaded you will be cuffed and stuffed. Cops for the most part only hear what they want to and they aren't going to want hear about a definition of a firearm, they will let the judge sort it out. Speaking of "out" I've said my piece and I'm outa here!
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FrankenCub
.338 Win Mag
There's another exception to this. Semi auto handguns with barrels shorter than 6".
11 rounds are good to go.
Did some more reading today. It seems the DEC laws do not apply when not hunting and do not overrule other laws.
ENV - Environmental Conservation
Article 71 - ENFORCEMENT
Title 9 - (71-0901 - 71-0927) ENFORCEMENT OF ARTICLES 11 AND 13--THE FISH AND WILDLIFE LAW
71-0905 - Penal Law, Criminal Procedure Law and other laws not affected.
1. No provision or language of the Fish and Wildlife Law [FN1] shall be construed as amending, repealing, superseding or limiting any provision of the Penal Law, Criminal Procedure Law or other law, except to the extent that such provision or language is expressly stated to be applicable notwithstanding such law, or notwithstanding any other law. Except to such extent, any provisions of the Fish and Wildlife Law inconsistent with the provisions of any other law shall be deemed to be effective for the purposes of the Fish and Wildlife Law only.
ENV - Environmental Conservation
Article 71 - ENFORCEMENT
Title 9 - (71-0901 - 71-0927) ENFORCEMENT OF ARTICLES 11 AND 13--THE FISH AND WILDLIFE LAW
71-0905 - Penal Law, Criminal Procedure Law and other laws not affected.
1. No provision or language of the Fish and Wildlife Law [FN1] shall be construed as amending, repealing, superseding or limiting any provision of the Penal Law, Criminal Procedure Law or other law, except to the extent that such provision or language is expressly stated to be applicable notwithstanding such law, or notwithstanding any other law. Except to such extent, any provisions of the Fish and Wildlife Law inconsistent with the provisions of any other law shall be deemed to be effective for the purposes of the Fish and Wildlife Law only.
spat
.950 JDJ
The 2A has applied to the states since 1868. That fact wasn't widely acknowledged until 2010.
Also, the RKBA codified in the 2A has existed since we started walking upright.
spat
.950 JDJ
You can believe both that paying Al Capone his protection money is morally and legally wrong, and that not doing so is a very dangerous idea.
The 2 are not incompatible.
We all agree that you have a right to wear a MAGA hat, and any attempt to outlaw it would be patently unconstitutional.
We can also understand why it might be a bad idea to do in the middle of a BLM riot.
nortatoga
.338 Win Mag
stokes
.338 Win Mag
Police are exempt from firearms/weapons laws.
Marine Cpl
.577 Tyrannosaur.
This guy. The Supremacy clause applied the Bill of Rights to the Constitution since its inception.
This is really mute as I posted DEC laws are "effective for the purposes of the Fish and Wildlife Law only".
I dont hunt and never have. Therefore my shotgun has nothing to do with fish and wildlife.
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stokes
.338 Win Mag
Its in the CPL not the PL.Edit,just saw Marine Cpl posted the section
BDinPutnam
.475 A&M Magnum
MOOT.
The word is MOOT.
G-D it.
The word is MOOT.
G-D it.
stokes
.338 Win Mag
No, you said " This means police are in violation of this law as well." I was responding to that.So you dont hunt,if you drive your car into a field of deer and aim your headlights at them,get caught and you are illegally hunting.The DEC reg is aimed at people jacking deer from cars,many of them have no hunting license,yet they are hunting.
spat
.950 JDJ
I am sure every poacher ever prosecuted by the DEC said the same thing.
Much as it turns due process on its head, you are presumed to be illegally hunting anytime they want you to be.
Big difference from a poacher out in a field at night and me in the city without as much as a tree or field in sight. It’s common sense and as I cited it doesn’t apply unless specifically dealing with wildlife.
Agree it is aimed and only applies to wildlife purposes as cited in the law I posted. Besides I would never have my car in a field. Wouldn’t want to get it dirty.
spat
.950 JDJ
In the city you're probably right.
Driving down a country road, maybe not.
I don't know where you live, but out here I drive through places on the way to dinner where they could plausibly accuse you of poaching.
We have deer in our yard all the time. I couldn't drive *anywhere* without going by at least one field you *could* poach a deer in.
I would think there needs to be some supporting evidence. You are not just randomly pulled over. Do you have a vehicle that would accommodate a dead deer? I don’t. Do you have other hunting items to build a case? Hunting knives, tarps, cammo clothing, scent blockers, hunting license, rope, spot lights, the list goes on and on. Me in my nice clothes with no other indicator as listed does not create even a remotely believable story and I would look nothing like what DEC encounters daily. They would know I have and show zero intent of hunting. 99% of them are good guys and would see it for what it is and move on. If a bad one wanted to proceed further it would not hold water. I’m not worried about it. If you are then by all means do as you wish.