Loaded Gun??? Or not?

New York goose hunting and duck hunting. This is the place to discuss it all.

Moderators: 870, DukBum

Loaded Gun??? Or not?

Postby Slack Tide » Wed Feb 20, 2013 6:48 am

I was reading the paper today and saw a story about a Da'Quan Bowers, the 6'5" 290lb (so far you think this story is about a prison riot or something right??)
NFL Player that got bust on a flight to LaGuardia... (oohhhhhhh...now why would you think prison riot? :fingerpt: )

He had the 40 cal in a suitcase and the loaded clip wrapped in clothes elsewhere in the same luggage.
According to the Post (take that for what it's worth) in NY...a full clip in the same bag, case, proximity, whatever....is considered a "loaded gun" and therefor goes right to felony status....
Now.
How exactly am I supposed to get my gun (that I still don't have yet, because I am waiting for my 6 month permit, even though this Jamook bought it over the counter in Florida) to the range without committing a felony? I guess I have to have an unloaded clip, separate from the gun and the ammo in a 3rd location?
"I've been left for dead before but I'll still fight on, don't wait up, leave the light on, I'll be home soon"
Chris Smither
User avatar
Slack Tide
hunter
 
Posts: 5313
Joined: Thu Apr 22, 2010 3:06 pm
Location: On the northeast corner of the southwest side


Re: Loaded Gun??? Or not?

Postby jeepman » Wed Feb 20, 2013 7:45 am

I think his issue was more of airline poicy rather than to load or not to load. I have been told by my county clerk who registers our pistols up here in clinton county, that if you are going to transport a loaded pistol it needs to be on you. It can't be under the seat in the car for example. Otherwise it needs to be locked in a case with the magazine out. If he would have had rounds out of the mag, i bet they wouldn't have given him the hassle. A funny story about airlines, both times i deployed overseas, we flew contracted comercial flights. I had to laugh because i got on the plane with my M-4 carbine, M-9 pistol, and M-9 bayonet. That was OK, But i had to check my pair of nail clippers and my tube of tooth paste because it was against policy to have it in carry on.
jeepman
hunter
 
Posts: 382
Joined: Wed Dec 21, 2011 7:49 am
Location: Adirondacks, upstate ny

Re: Loaded Gun??? Or not?

Postby Slack Tide » Wed Feb 20, 2013 8:27 am

The point that I think you need to focus on is that a gun with a loaded clip in the same bag is considered a loaded gun in NY...
I didn't know that...

To me that's like saying if I am driving home from the beer store with a case of beer, it's "drinking and driving."
"I've been left for dead before but I'll still fight on, don't wait up, leave the light on, I'll be home soon"
Chris Smither
User avatar
Slack Tide
hunter
 
Posts: 5313
Joined: Thu Apr 22, 2010 3:06 pm
Location: On the northeast corner of the southwest side

Re: Loaded Gun??? Or not?

Postby jeepman » Wed Feb 20, 2013 8:36 am

I agree with you completely that it is ridiculous. I also think that it is a paradoxical technicality just to further harass gun owners.
jeepman
hunter
 
Posts: 382
Joined: Wed Dec 21, 2011 7:49 am
Location: Adirondacks, upstate ny

Re: Loaded Gun??? Or not?

Postby Slack Tide » Wed Feb 20, 2013 8:44 am

It's scary on a few levels....
1) what you said
2) you could have really screwed up with this and not even known you were wrong
"I've been left for dead before but I'll still fight on, don't wait up, leave the light on, I'll be home soon"
Chris Smither
User avatar
Slack Tide
hunter
 
Posts: 5313
Joined: Thu Apr 22, 2010 3:06 pm
Location: On the northeast corner of the southwest side

Re: Loaded Gun??? Or not?

Postby peteyg2 » Wed Feb 20, 2013 9:40 am

Slack,

You need to read the pistol license handbook. It'll answer all of your questions.

You can take it unloaded to the range, or you can carry it concealed and loaded to the range as long as you make no stops to or from while carrying. These rules are modified when carrying through NYC. The pistol has to be unloaded, and locked in a container, with the ammo separately held in the farthest point in the vehicle from the pistol....unless you also have a NYC permit.

Pete
peteyg2
hunter
 
Posts: 742
Joined: Thu Aug 11, 2011 10:48 am

Re: Loaded Gun??? Or not?

Postby toolmaker » Wed Feb 20, 2013 4:48 pm

I think a HUGE difference...is that he doesnt have a pistol permit for NY... and he was in NYC to boot!!!( triple no-no)

so once you get your permit...you are not in the same scenario as him in any way shape or form.

i think it is idiotic on several levels for the NFLer, but certainly packing a loaded clip in the same bag as the firearm is what makes this even worse!

the scenario of a weapon in the same vicinity as the ammo, stems from legally transoprting your gun through states that you dont have a permit for....which you are allowed as long as you are legal were you started your trip and were your destination is...

ie for you an example would be from NY state into Vermont( no permit needed) and you travel through CT and Mass...

cant stop for the day, and dilly dally...and your trip has to be believable....not all winding all over the place...direct routes.

thats a federal law that allows that.

gun has to be in a seperate part of the vehicle tha the ammo.

the tool
favorite quote: We constantly dont do things this way
User avatar
toolmaker
hunter
 
Posts: 2892
Joined: Tue Aug 31, 2010 6:19 am
Location: only been to Cromwell once

Re: Loaded Gun??? Or not?

Postby Slack Tide » Wed Feb 20, 2013 7:16 pm

Just got a call from a surfing buddy who wants a pump gun. He decided on the Nova and went to the Sports Authority in Bohemia.
They photo'd his license, he paid for it and they said it'd be a minimum of 2 weeks for a new background search (a la Cuomo)
The guy said "you're a first time gun owner? That's going to be a problem..."
are you kidding???????
"I've been left for dead before but I'll still fight on, don't wait up, leave the light on, I'll be home soon"
Chris Smither
User avatar
Slack Tide
hunter
 
Posts: 5313
Joined: Thu Apr 22, 2010 3:06 pm
Location: On the northeast corner of the southwest side

Re: Loaded Gun??? Or not?

Postby labtrainer » Wed Feb 20, 2013 8:21 pm

How do they know "he's a first time gun owner"? He might have bought a hundred guns from private sales!!!!!
These retailers don't even know the laws!!! IT's called CYA!!!
"Keep your eye's on the horizion"
from my Dad on my first duck hunt!
User avatar
labtrainer
hunter
 
Posts: 2110
Joined: Mon Oct 20, 2008 12:13 pm
Location: upstate NY

Re: Loaded Gun??? Or not?

Postby Eric Haynes » Wed Feb 20, 2013 8:28 pm

labtrainer wrote:How do they know "he's a first time gun owner"? He might have bought a hundred guns from private sales!!!!!
These retailers don't even know the laws!!! IT's called CYA!!!


I'm not sure if it is my military TS clearance or not, but I've never waited more than 5 minutes for a gun. If someone told me I had to wait even a day, I would tell them I will give someone else my money.
Image
User avatar
Eric Haynes
hunter
 
Posts: 1155
Joined: Tue Oct 25, 2011 6:20 pm
Location: St. Lawrence River, NY

Re: Loaded Gun??? Or not?

Postby Slack Tide » Thu Feb 21, 2013 5:29 am

Eric Haynes wrote:
labtrainer wrote:How do they know "he's a first time gun owner"? He might have bought a hundred guns from private sales!!!!!
These retailers don't even know the laws!!! IT's called CYA!!!


I'm not sure if it is my military TS clearance or not, but I've never waited more than 5 minutes for a gun. If someone told me I had to wait even a day, I would tell them I will give someone else my money.



both good points,I agree Eric...the last gun I bought was in '09 and I mine as well have been buying a cup of coffee.
Lab...I'll have to ask him, maybe they just presumed that because his name didn't come up SINCE they've been keeping track that he's a first time buyer, maybe he just innocently said "hey what's a good first shotgun?"
"I've been left for dead before but I'll still fight on, don't wait up, leave the light on, I'll be home soon"
Chris Smither
User avatar
Slack Tide
hunter
 
Posts: 5313
Joined: Thu Apr 22, 2010 3:06 pm
Location: On the northeast corner of the southwest side

Re: Loaded Gun??? Or not?

Postby slamdown11 » Thu Feb 28, 2013 10:47 am

peteyg2 wrote:Slack,

You need to read the pistol license handbook. It'll answer all of your questions.

You can take it unloaded to the range, or you can carry it concealed and loaded to the range as long as you make no stops to or from while carrying. These rules are modified when carrying through NYC. The pistol has to be unloaded, and locked in a container, with the ammo separately held in the farthest point in the vehicle from the pistol....unless you also have a NYC permit.

Pete


This sounds about right.
slamdown11
hunter
 
Posts: 27
Joined: Tue Feb 26, 2013 3:15 pm

Re: Loaded Gun??? Or not?

Postby Slack Tide » Thu Feb 28, 2013 11:05 am

All I'm saying is that if you asked 100 people if a loaded magazine near an empty gun constituted a "loaded gun"....they'd say no...
I was surprised to learn that and thought other people would be surprised as well.
"I've been left for dead before but I'll still fight on, don't wait up, leave the light on, I'll be home soon"
Chris Smither
User avatar
Slack Tide
hunter
 
Posts: 5313
Joined: Thu Apr 22, 2010 3:06 pm
Location: On the northeast corner of the southwest side

Re: Loaded Gun??? Or not?

Postby Frank Lopez » Thu Feb 28, 2013 1:39 pm

I realise that the discussion is mostly about pistols, but this is from the NYS Hunting regulations:
Transportation Of Firearms

A person may not transport or possess a shotgun, rifle or crossbow in or on a motor vehicle, including any all terrain vehicle, unless the firearm is unloaded in both chamber and magazine or the crossbow is unloaded or taken down. A loaded firearm may be carried or possessed in a motorboat while legally hunting migratory game birds.


With respect to pistols, I think I remember seeing a requirement that the pistol and the ammunition need to be locked in separate cases. I'll have to look.

Frank
I feel slightly sorry for a man who has never patterned his gun, who has no idea how far his chosen load will retain killing penetration. But I'm extremely sorry for the ducks he shoots at beyond the killing range of his gun and load - Bob Brister
User avatar
Frank Lopez
hunter
 
Posts: 2996
Joined: Wed Feb 03, 2010 4:34 pm
Location: Long Island New York

Re: Loaded Gun??? Or not?

Postby slamdown11 » Thu Feb 28, 2013 1:51 pm

2. May I carry my gun loaded on my person when I go to the range?
Yes, but it must be carried concealed. If you are traveling thru New York City (five (5) boroughs) you must:
 Have the unloaded firearm(s) in a locked container during a continuous and uninterrupted trip through New York City (five (5) boroughs).
 Ammunition and firearm(s) must be stored separately in a locked container. Storage should be in the trunk. If your vehicle does not have a trunk, the locked containers must be kept the farthest distance as possible from your person.
3. Do I have to take my gun in a locked box to the range?
No.
4. What is the locked box rule?
New York City mandates that pistol license holders must transport their handguns in a locked box. If you are traveling through New York City (five (5) boroughs) refer to Traveling through New York City.

http://www.police.co.nassau.ny.us/pdf/I ... %20_2_.pdf

Hope this helps.
slamdown11
hunter
 
Posts: 27
Joined: Tue Feb 26, 2013 3:15 pm

Re: Loaded Gun??? Or not?

Postby Slack Tide » Thu Feb 28, 2013 6:20 pm

slamdown11 wrote:2. May I carry my gun loaded on my person when I go to the range?
Yes, but it must be carried concealed. If you are traveling thru New York City (five (5) boroughs) you must:
 Have the unloaded firearm(s) in a locked container during a continuous and uninterrupted trip through New York City (five (5) boroughs).
 Ammunition and firearm(s) must be stored separately in a locked container. Storage should be in the trunk. If your vehicle does not have a trunk, the locked containers must be kept the farthest distance as possible from your person.
3. Do I have to take my gun in a locked box to the range?
No.
4. What is the locked box rule?
New York City mandates that pistol license holders must transport their handguns in a locked box. If you are traveling through New York City (five (5) boroughs) refer to Traveling through New York City.

http://www.police.co.nassau.ny.us/pdf/I ... %20_2_.pdf

Hope this helps.


it doesn't.....I'm in Suffolk
"I've been left for dead before but I'll still fight on, don't wait up, leave the light on, I'll be home soon"
Chris Smither
User avatar
Slack Tide
hunter
 
Posts: 5313
Joined: Thu Apr 22, 2010 3:06 pm
Location: On the northeast corner of the southwest side

Re: Loaded Gun??? Or not?

Postby slamdown11 » Fri Mar 01, 2013 9:35 am

The law is the same.
slamdown11
hunter
 
Posts: 27
Joined: Tue Feb 26, 2013 3:15 pm


Return to New York Duck Hunting

Who is online

Users browsing this forum: No registered users and 9 guests