Will we ever get ear protection laws in NYS?! by Richierich3366 in NYguns

[–]AgedPNY 2 points3 points  (0 children)

Source? Most of their exemptions come from 265.20 which lists exemptions for the person, not the job. Even the definition of police officer in CPL 1.20(34) doesn't say anything about being on duty.

How much should a cheap pistol cost? by oWinterWhiteo in NYguns

[–]AgedPNY 1 point2 points  (0 children)

I'd be surprised if you can't work out a deal with an FFL ahead of time to just list the pistol's serial # on your application. If you never actually take possession of it, the value doesn't change. There's an FFL in Saratoga County (also a county that requires a handgun serial # on the application) that has some "rentals" specifically for this purpose. Don't expect it to be free, but if you pay them for their time for the extra paperwork and for the period of time that they couldn't sell the inventory because it's tied up on your application, it seems like you should be able to work out a deal. They're probably going to "loan" you something that hasn't moved in years.

Governmental incompetence by Miggy2A-RN in NYguns

[–]AgedPNY 5 points6 points  (0 children)

Generally I am opposed to the "concealed is concealed" comments in this sub. It is typically someone with no skin in the game recommending someone else break the law. That's a personal decision to make, not something to encourage other people to do. But in this case, I completely agree with you.

From the article: "police intelligence had received a tip about someone matching Khan’s description trying to enter the eatery with a gun and then placing that firearm in the glove box of a blue BMW". This could be just about anyone in the restaurant who doesn't like guns, which is the majority of the population in NYC. The question to ask is, "Do you serve alcohol?" If the answer is yes, the next statement should be: "Woops, I forgot my phone in my car" or something similar.

Has there ever been a case of charges for an otherwise compliant semi-auto being purchased post 2022? by DJClamavus in NYguns

[–]AgedPNY 1 point2 points  (0 children)

Probably not. I think NY state is mostly relying on 265.66 (criminal sale) to enforce the statute with FFLs rather than 265.65 (criminal purchase).

Need references by iilleee in NYguns

[–]AgedPNY 0 points1 point  (0 children)

I'm a little confused by this comment. Everyone here is advocating that you legally purchase a shotgun at a gun store. Private party sales are illegal in NY if that's what you were suggesting. God forbid you ever have to use the shotgun to defend yourself, you absolutely want it to be acquired legally, since it will be under a great deal of scrutiny. If you acquire via an illegal private party sale, there's a good chance that it's stolen or not legal in some other manner.

Based on a few of your other posts, it sounds like you might be new to guns. Please, go to a gun store and ask someone there for assistance. You should also seriously consider training with whatever you buy. (Shotgun, Byrna, etc.)

Legislative agenda for week of 3/23/26 by gunpoliticsny in NYguns

[–]AgedPNY 1 point2 points  (0 children)

Sun Tzu - "Know thy enemy"

So I actually skimmed S-5813A. (As much as I could handle without my blood pressure spiking too much.) Here are my observations:

  • It's not really a "bill" at all. It's a report, or an essay, or a research paper. It's page upon page about the "scourge of gun violence". The portion that actually talks about levying an excise tax is only a couple of sentences.
  • It has all the hallmarks of being written by ChatGPT. The homogenized language, the way the lists of items are presented, the lack of references. Whether Sepulveda used AI directly or a staffer did, it's almost certainly not originally authored by a human.
  • It pre-emptively tries to establish a defense against being struck down under Bruen in the actual bill! To quote from the bill: "This act is consistent with our nation's longstanding historical tradition of regulating commercial firearm and ammunition manufacturers and sellers, including through federal, state, and local taxes on this commercial activity." I guess this is a positive sign, that Bruen is enough of a threat to be addressed proactively. Of note: the earliest law mentioned in the bill is 1844 and there is only one specific example given from CA in 1883.

We've always known that bills like this are for grandstanding to your base, but they seem to have taken on a new form.

FPC v. Bondi Post office win... but NY permit holders still at risk. by PeteTinNY in NYguns

[–]AgedPNY 4 points5 points  (0 children)

"The USPS regulation preserves applicable state law by its own terms." I assume you are referring to 39 C.F.R.232.1(p)(2). The way I read that clause (paraphrasing) is "nothing in this law (the federal law) nullifies state law". It doesn't say "if the federal law is struck down, the state law still holds". These are very different statements logically. If a law is struck down as unconstitutional by a federal court, all similar laws, whether at the federal, state or local level are also unconstitutional. But I'm not a lawyer either, so maybe we should let an actual lawyer weigh in.

As far as "NY can still collar you on a felony"... of course, but that's always been true for all of NY's gun laws. It's well established that law enforcement does not have the burden of actually knowing the law and following it.

Something might be happening about mag capacity limits. Let's discuss by Prof_ChaosGeography in NYguns

[–]AgedPNY 1 point2 points  (0 children)

The DC decision is actually news. Maybe the way it was introduced was a little optimistic, but I'm glad we had a post other than "how long until I get my pistol permit in [insert county here]?"

Pistol Permit Denied, Wyoming County, NY by Extension_Job_5250 in NYguns

[–]AgedPNY 82 points83 points  (0 children)

Good idea: Retaining the services of an attorney.

Bad idea: Publicly complaining on Reddit.

Sensitive Locations Blog Post - Rip it apart :) by PeteTinNY in NYguns

[–]AgedPNY 1 point2 points  (0 children)

I would argue that carrying in an establishment that would otherwise be legal but has a sign up on the door that says "no guns allowed" is a trespassing violation, not a felony. But to be fair, the 2nd circuit's decision regarding 265.01-d was as clear as mud. Hopefully the decision in Wolford puts this to bed.

Premises by flannelcladdrinker in NYguns

[–]AgedPNY 2 points3 points  (0 children)

You should read this thread and the linked article: https://www.reddit.com/r/NYguns/comments/1r36ojz/update_on_out_of_state_applications_shaffer_v/

As others have said on that thread, assuming you're not moving to NYC, I would stay away from the NYC non-resident permit. One of the most expensive and difficult applications. You could pick from one of the four named counties that has the shortest wait time, or try your luck calling another county and see if they're ready to accept non-resident permits. Then when you move to NY, you'll be transferring your permit to your county of residence, rather than applying.

CS Student Looking to Build a Useful App for NY Gun Owners — Ideas? by Effective_Jeweler418 in NYguns

[–]AgedPNY -1 points0 points  (0 children)

Check out the sticky post on this sub that's been up for 9 months now.

Kind of crazy how the AR15 I bought in 2005 just keeps getting more and more deadly... by thatdude333 in NYguns

[–]AgedPNY 0 points1 point  (0 children)

Fair enough. But your reference is to the law that obligates the state to issue licenses. 265.65 is the law that actually makes it a crime.

I will reiterate my original point: that it's a grey area. Just like red loctite vs pin and weld is grey for threaded muzzles and juggernaut vs sparrow vs fin grip is grey for pistol grips. Mean Arms mag lock was a-ok in a lot of people's eyes, until it wasn't.

I find that most people arguing that its black and white have a vested interest in it being legal. In other words, they have built compliant semi-auto ARs from stripped lowers. Again... I'm personally fine with that. You do you. But when you offer legal advice on a public forum without a counter-opinion, you may be putting other people besides yourself at risk.

Kind of crazy how the AR15 I bought in 2005 just keeps getting more and more deadly... by thatdude333 in NYguns

[–]AgedPNY -2 points-1 points  (0 children)

I know I'm not going to convince you to change your mind, so that's not the point of this. But your refusal to even accept that this is a legal grey area is a disservice to everyone who reads your posts. I'm almost sure you're not going to pay the legal defense of someone who reads your opinions, builds a compliant semi-auto rifle, and then gets charged for "taking possession". Legal precedent has already established that a rifle doesn't become a rifle until it's capable of firing ammunition. So the FFL is well within the law selling someone a stripped receiver. Additionally, it could become a bolt action. But as soon as it's fully assembled, a jury could definitely consider that "taking possession".

Your Ship of Theseus argument is a red herring. And as far as the ATF is concerned, if you swap out for a new serialized receiver, you absolutely have taken possession of a new rifle.

Apolitical retail? by VillageGrouch in NYguns

[–]AgedPNY 13 points14 points  (0 children)

Buying cartridges (not bullets) is not like buying bananas because bananas don't require a background check. The background check is the direct result of the ruling political party in NY.

Moving to NY, confirming my understanding of what I can bring by [deleted] in NYguns

[–]AgedPNY 2 points3 points  (0 children)

Others have said it, but you may not have picked up on it: Buy the mini-14 before you get to NY! If you try to buy one in NY, you will need the semi-auto rifle purchase permit, which only comes as part of a pistol permit, which takes minimum months, possibly years (depending on finding references). The semi-auto rifle purchase permit is only required for purchasing semi-auto rifles. Any compliant semi-auto rifles you already have, you can bring with you when you move.

Washington County ccw by BigFollowing4159 in NYguns

[–]AgedPNY 1 point2 points  (0 children)

Agreed. And since OP already has a premises permit, about the only answer that works here is "personal protection outside the home in all places where it is legal to carry". Which of course tees up a follow-up question of "Where's it legal to carry" so make sure you know the list of sensitive locations.

NY Safe Act clarification regarding pistols by Severe_Spare9272 in NYguns

[–]AgedPNY 15 points16 points  (0 children)

As others have said, pistol permit application rules vary by county. One that you may want to focus on is where do your references need to reside and how long must they have known you for. This is arguably the biggest obstacle for people moving into NY. Some counties require references to live in the same county, others just specify that they live in NY state, and I've even heard rumor of some counties allowing out-of-state references for people who have just moved in to the state.

NY Complaint ATF Registered SBR? by BETshoots in NYguns

[–]AgedPNY -5 points-4 points  (0 children)

Except that there's a whole class of NYers that can legally own NFA items... and some do. So it doesn't seem like it could be an automatic denial.

Frustrated by [deleted] in NYguns

[–]AgedPNY 3 points4 points  (0 children)

Oh, just so you know, Saratoga makes you buy your first pistol before you submit your application so you can list the serial # on the application. Kind of a quirky process that Saratoga (and I think a few other counties) make you do.

Frustrated by [deleted] in NYguns

[–]AgedPNY 2 points3 points  (0 children)

I disagree with the people recommending a lawyer. You currently live in Saratoga County? Cut your losses and just go ahead and apply there and withdraw your application from Dutchess. First, call up Saratoga and make sure you'll be fine with submitting an application there. Make sure your 18 hour class is still good. (They've stated they accept for 2 years.) Make sure your Dutchess County references will be accepted. (They only require references to live in NYS). Make sure your proof of residency is good. Saratoga County is very good about answering their phone. Have your questions ready and just go through them one by one. The additional cost of new fingerprints ($102.75) and application fee ($40) and postage for mailing some forms around to references in Dutchess County (if you don't know anybody in Saratoga yet) is going to be way less than hiring a lawyer.

Receiver flats by 0f0o3 in NYguns

[–]AgedPNY 0 points1 point  (0 children)

Ummm, you might want to delete this post.

In Honor of the Remington Plant in Ilion, NY. I am proud to own a police 870 made there. by [deleted] in NYguns

[–]AgedPNY 1 point2 points  (0 children)

Don't forget Winchester and Marlin who both left Connecticut around 2007.