
Originally Posted by
Panheadzz
The Wal-mart in Harriman never asked me till the last time i went 3 weeks ago. Also to my knowledge, and BC1or nogods correct me if I'm wrong, if you use an "illegal gun," to protect your home in NYS or NYC you cannot be criminally charged. I am also happy that I do not have to examine the books of the place I want to have dinner in to see if they derive 60% of their income from food or not or which side I can eat on.
There's a few things to consider here.
Walmart is trying to comply with the laws in NYS. It is illegal for any store to sell pistol specific ammunition to a person not authorized to possess a pistol or revolver. See NYS Penal Law §265.35(4). Any Walmart store who sells pistol specific ammo without checking license validity is guilty of a B Misdemeanor. However the state is split on who will sell ammo. Some stores ask, some don't. At the gun show large groups of inner-city gang-banger looking kids buy 9mm, .40 and .45 by the thousnds without a license check.
Regarding using an illegal gun within the home for self-defense... the law was put there to keep members of a household from being charged with a crime for using someone else's gun to thwart a crime despite not having a permit to own or carry a gun. You're allowed to defend your self using someone else's illegal gun without fear of reprisal.
NYS Penal Law §265.03 - Criminal possession of a weapon in the third degree. A person is guilty of criminal possession of a weapon in the third degree when (4) Such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven, constitute a violation of this section if such possession takes place in such person's home or place of business.
A case in Middletown, NY was overturned by the NYS Appellate Court in 2011. Defendent Raymond Zayas heard someone banging violently on his door. He fired multiple rounds from his illegal Glock through the door hitting the officer outside. He was initially convicted of numerous counts, including criminal possession of a weapon. He and his neighbors claimed they heard no police warning so he didn't know who was breaking-in. The appelaate court determined that in NYS you may shoot through the door at someone who is trying to gain entrance for purposes of causing harm. In a forced entry one is allowed to assume harm will occur. Because the shooting qualified for exemption under NYS Penal Law Article 35 - Defense of justification Mr. Zayas could not be charged with a gun crime. Charges were dropped and a deal will now be offered to Zayas.
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