Man arrested for having '2 extra bullets' in his sidearm's magazine. - Page 11
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Thread: Man arrested for having '2 extra bullets' in his sidearm's magazine.

  1. #101
    Quote Originally Posted by BC1 View Post
    Hang-up? It's probably the most important issue facing numerous states right now. It's happening in more than NY.
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    It's very simple and you need only ask yourself this; would you rather have 7 on your hip and 7 in your pocket than 17 in the car.

    this is beginning to appear like pyscho babble! here in FLA and in the majority of states we can carry almost anywhere we want.
    In NY can you carry into a police station? into a courtroom? into a meeting of governmental officials? into an airport? into or onto a college campus? of course you cannot! you too in NY are forced to disarm when entering certain places. get the picture? you are off on this tangent that is absurd.

    NYS is one of the most restrictive states in the nation for handgun owners, especially NYC and the counties near NYC. I say this because I did live there and I did experience the need wait almost a year for a limited ownership permit, wait months for a permission slip in order to buy a gun, and having to be grilled by a cop about why I want and need that gun.

    You may teach NY penal law but you apparently know squat about the laws in other states.

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  3. #102
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    Quote Originally Posted by Rhino View Post
    I was being facetious. I know one good tort attorney too. That doesn't make them all good. I'm sure there are good attorneys in New York who are knowledgeable 2nd amendment supporters. I'm also sure they'd all tell you that New York isn't well known across the nation for that. Ronald Reagan came out of California, but California isn't exactly known as a great source of conservatives, now is it? I wasn't slighting your friend.
    Ronald Reagan. Where is he when we need him.
    GOD, GUNS and GUITARS

  4. #103
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    Quote Originally Posted by apvbguy View Post
    this is beginning to appear like pyscho babble! here in FLA and in the majority of states we can carry almost anywhere we want.
    In NY can you carry into a police station? into a courtroom? into a meeting of governmental officials? into an airport? into or onto a college campus? of course you cannot! you too in NY are forced to disarm when entering certain places. get the picture? you are off on this tangent that is absurd.

    NYS is one of the most restrictive states in the nation for handgun owners, especially NYC and the counties near NYC. I say this because I did live there and I did experience the need wait almost a year for a limited ownership permit, wait months for a permission slip in order to buy a gun, and having to be grilled by a cop about why I want and need that gun.

    You may teach NY penal law but you apparently know squat about the laws in other states.
    Last I looked it is you who are on a NY topic talking through your hat. I also teach the FL statutes (790) and reside in FL (W. Palm/Tequesta) about four months of the year. Now in FL you may not carry into the places you stated above. These include:
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    790.06(12)(a) License to Carry Concealed Weapon or Firearm - prohibited:
    - any place of nuisance as defined in s. 823.05
    - any police, sheriff, or highway patrol station;
    - any courthouse; any courtroom, 
    - any polling place;
    - any meeting of the governing body of a county, public school district, municipality, or special district;
    - any meeting of the Legislature or a committee thereof;
    - any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the
    - inside the passenger terminal and sterile area of any airport,
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    OK, I'll play. In NYS you can carry into a police station. You can enter the court building but must check your gun before entering the courtroom. You can carry into any government meeting in a county, city or town unless asked to check the gun, you can carry into the passenger area of any airport outside of NYC. Cite the laws you claim exist prohibiting NY residents from carrying in these places.
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    Next you claim the counties next to NYC are vey restrictive? Based on what? Dutchess County (40 miles from NYC) issues only unrestricted/full carry permits. Orange County (40 miles from NYC) issues unrestricted carry permits. In fact, we've done permit services in every county in the lower art of the state and have had zero... ZERO, problems getting a permit for anyone, including NYC.
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    Next you claim you must explain to LE why you need another gun? based on what? Article 400 lays out the process for buying another gun and contains no such provisions.
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    Now let's get you educated. Go read Articles 265 and 400 of the NYS penal law. Then you can argue an actual point of law, not spout conjecture, ignorance and innuendo. I've been watching your posts. You ignorantly rap everyone in the mouth. Bad attitude. Either learn the law or shut-up about the topic. In summary... YOU'RE 100% WRONG in all the claims you made above. Now go hump someone else's leg. Although looking at your prior posts you'll be back with another uneducated insult. For Christ sake, all my education and I just can't reach some people.
    GOD, GUNS and GUITARS

  5. #104
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    Quote Originally Posted by apvbguy View Post
    this is beginning to appear like pyscho babble! here in FLA and in the majority of states we can carry almost anywhere we want.
    In NY can you carry into a police station? into a courtroom? into a meeting of governmental officials? into an airport? into or onto a college campus? of course you cannot! you too in NY are forced to disarm when entering certain places. get the picture? you are off on this tangent that is absurd.
    You forgot mental health facilities, state campgrounds, the Zoar Valley Multiple Use Area and restrictions on the trails in the Adirondack Mountain Reserve that are so complicated that almost no person could possibly remember them. Cities or counties under home rule can also enact their own firearm restrictions resulting in a patchwork of laws that are like a nest of snakes waiting to catch the unwary traveller.
    Posterity: you will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it.--- John Quincy Adams
    Condensed Guide To Ohio Concealed Carry Laws

  6. #105
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    Quote Originally Posted by Rhino View Post
    You forgot mental health facilities, state campgrounds, the Zoar Valley Multiple Use Area and restrictions on the trails in the Adirondack Mountain Reserve that are so complicated that almost no person could possibly remember them. Cities or counties under home rule can also enact their own firearm restrictions resulting in a patchwork of laws that are like a nest of snakes waiting to catch the unwary traveller.
    No city or county may enact a firearm restriction. There are a few parks that have some prohibitions on certain trails but that is not the norm. Mental health facilities are not of-limits, Neither are doctors, hospitals and nursing homes.
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    NYS PL 400.00(6) License: validity.
    Any license issued pursuant to this section shall be valid notwithstanding (in spite of) the provisions of any local law or ordinance. A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city.
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    In order for any county or city in NY to enact it's own firearm laws it must codify it's proposed changes into NYS penal law. The county or city must write the proposed law, pass committees and the proposed law must be enacted by the sate legislature. Other than doing that, as NYC has done, no laws can be enacted restricting possession or carrying of a handgun. For example, even though Westchester County won a federal court decision over it's refusal to issue an unrestricted carry permit (the U.S. district court -FEDERAL- ruled that this did not violate the second amendment) they may not prohibit the carrying of a gun by anyone holding a permit.
    GOD, GUNS and GUITARS

  7. #106
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    Quote Originally Posted by BC1 View Post
    No city or county may enact a firearm restriction.
    Yep. My mistake. Home rule only gives them the authority to restrict governmental buildings. Only NYC can enact their own restrictions. Apologies.
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    There are a few parks that have some prohibitions on certain trails but that is not the norm.
    NYS PL 190.7 (a) Applicability. The following sections of this Part apply to persons using public campgrounds under the jurisdiction of the department unless specified otherwise in this section: 190.0, 190.1, 190.2, 190.8 and 190.9. The following additional requirements apply to public campgrounds and in the event of a conflict, these specific regulations will control
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    (3) Firearms may be possessed on the public campground only during the spring and fall hunting seasons. [that looks to be applicable for all state owned public campgrounds]
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    (c) At Lake George Battlefield Park, the following additional regulations apply:
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    (1) Hunting, trapping or possessing firearms on any portion of the Lake George Battlefield Park is prohibited at all times.
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    NYS PL 190.25 Zoar Valley Multiple Use Area
    (e) No person, other than employees of the department, State Police and police officers, shall possess, carry, discharge or use firearms, ammunition, explosives or explosive substances or fireworks on the area, except that during the small game and big game hunting seasons, provided for by law, firearms and bows and arrows may be possessed and discharged.
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    NYS PL 190.28 Foot Trail Easements--Adirondack Mountain Reserve
    This one is so ridiculously complicated I won't reproduce it here.
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    Mental health facilities are not of-limits, Neither are doctors, hospitals and nursing homes.
    14 CRR-NY 45.1 No person shall bring into or possess a firearm at any facility of the Department of Mental Hygiene, or any residential facility which has an operating certificate issued by the department, except with permission of the director of the facility as hereinafter stated.
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    14 CRR-NY 542.5 (a) No person shall bring into or possess a firearm at any facility operated or licensed by the Office of Mental Health except as provided in this section.
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    (b) Family care providers, employees living on the grounds of a State-operated psychiatric facility and members of law enforcement or governmental agencies or correction officers who are employed by the Department of Correctional Services and who are on the grounds of a facility in their official capacity shall be the only individuals eligible to apply for an exception to the prohibition against firearms.
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    (1) The commissioner or his or her designee may make a determination to grant an exception to a family care provider or other individual living in the home to possess a shotgun, rifle and/or ammunition on the grounds of the family care home for the purpose of hunting, target shooting or gun collecting. A family care provider or other individual living in the home may apply for permission to possess a handgun on the grounds of the family care home only in circumstances where the individual is required to possess a handgun by virtue of his or her status as a member of a law enforcement or governmental agency or where such handgun is part of a collection, provided that the firing mechanism has been removed. Applications to possess firearms shall be made in the manner described in section 542.6 of this Part.
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    (2) The facility director may make a determination to grant an exception to an employee living on the grounds of a State-operated psychiatric facility to possess a shotgun, rifle and/or ammunition on the grounds of the facility for the purpose of hunting, target shooting or gun collecting. An employee or other individual living on the grounds may apply for permission to possess a handgun on the grounds of a facility only in circumstances where the individual is required to possess a handgun by virtue of his or her status as a member of a law enforcement or governmental agency or where such handgun is part of a collection, provided that the firing mechanism has been removed. Applications to possess firearms shall be made in the manner described in section 542.6 of this Part.
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    (3) The facility director or commissioner or his or her designee may make a determination to grant an exception to a member of a law enforcement or governmental agency or correction officer employed by the Department of Correctional Services who is on the grounds of a State-operated psychiatric facility while in the performance of official duties. The facility director or commissioner or his or her designee shall determine the manner for granting an exception consistent with Office of Mental Health policy.
    Posterity: you will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it.--- John Quincy Adams
    Condensed Guide To Ohio Concealed Carry Laws

  8. #107
    Quote Originally Posted by BC1 View Post
    No city or county may enact a firearm restriction.
    now you are really showing off a special kind of knowledge, please explain to us unlearned, ignorant non NYers about the NYC premise/target permits that most other NY counties do not have, Nassau, suffolk, westchester and other close to NYC have similar oddball restrictions as well.

    Please do tell be about those purchase orders that are required in those counties as well, no permission slip no buying gun.
    here's how it works in NYC, you need to go to the gunshop, pick out a gun you like, put a deposit on it, then go beg the nice copper in the licensing bureau at 1PP and if you are lucky in 3 to 6 months you'll get your permission slip, I understand it isn't too much different in the aforementioned counties.

  9. #108
    Quote Originally Posted by Rhino View Post
    Yep. My mistake. Home rule only gives them the authority to restrict governmental buildings. Only NYC can enact their own restrictions. Apologies.
    wrong again barney

    many counties surrounding NYC have places restrictions similar to NYC's

  10. #109
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    Quote Originally Posted by apvbguy View Post
    now you are really showing off a special kind of knowledge, please explain to us unlearned, ignorant non NYers about the NYC premise/target permits that most other NY counties do not have, Nassau, suffolk, westchester and other close to NYC have similar oddball restrictions as well.

    Please do tell be about those purchase orders that are required in those counties as well, no permission slip no buying gun.
    here's how it works in NYC, you need to go to the gunshop, pick out a gun you like, put a deposit on it, then go beg the nice copper in the licensing bureau at 1PP and if you are lucky in 3 to 6 months you'll get your permission slip, I understand it isn't too much different in the aforementioned counties.
    As predicted, you're back without citing anything.
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    PPA handles NYS and NYC pistol permits for clients. I have a NYC permit myself. It is a carry permit, not a premise or target permit. And for all the folks who have never walked the streets of Manhattan shoulder to shoulder, carrying a gun is about the most ridiculous thing you think you can do. A primary rule in self-defense is that you may not take the shot, even if your life is in danger, unless you have a clear shot/clear background. That direction DOES NOT EXIST in Manhattan. Not on any day at any time. And numerous police shootings end in the shooting of innocent people purely by virtue of the extreme population density. Understand? The majority of residents don't want 8 million people packing a heater in a 3X6 mile island. If you want that $200K per year job, that's the price you pay.
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    Westchester county reserves the right to restrict some permits as does Rockland and Nassau. Any state within the U.S. Second Circuit Court can restrict a permit. That's quite a few states. They get away with this because the Second District FEDERAL Court; that's federal court, not state court, ruled that any person in America can be denied the right to carry a gun as the Heller decision gave lead-way for "common sense" gun control. That means if anyone in any state is denied the CCW permit, fed case law supports it. So, now you get a few liberal judges who impose their personal and political view in the form of some restricted form of carry. They use that FEDERAL decision to their advantage. But that doesn't mean the licensee must leave it home. They still possess a CCW permit and NYS PL 265.20(3) exempts them from criminal charges. They may not be arrested. Please cite any case law where someone was arrested for a violation of Article 265 (Firearms & Dangerous Weapons) for carrying a gun outside of the restrictions of his permit.
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    Regarding the "permission slip" you claim we need to buy a gun, it's covered in NYS PL 400.00. It is merely an amendment. It's an admin transaction that takes about three days. The amendment is not denied without the same cause that requires revoking a license. No none, NO ONE, is denied a gun purchase unless the judge has found proper cause to revoke the permit. Such cause may be a criminal conviction since getting the license. I have searched and can't find any situation where any permit holder was denied his new gun. An electronic search on the NYS Unified Court System finds no CPLR Article 78 appeal proceedings filed in any court for this. So please cite this one as well.
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    Now either cite these crazy laws you insist exist or... keep digging the hole. Your choice. BTW, remember to leave your gun in the car at the bank, while eating or watching a frigging parade. Your permission slip says you're not entitled to defend yourself in the situations.
    GOD, GUNS and GUITARS

  11. #110
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    Quote Originally Posted by apvbguy View Post
    wrong again barney

    many counties surrounding NYC have places restrictions similar to NYC's
    I wasn't wrong. I just should have phrased it better. The specific statute I was originally referring to only gives local jurisdictions with home rule the authority to restrict firearms in their governmental buildings. I didn't mean to imply that there weren't any other statutes in existence that might provide for local restictions other than than the one I was referencing. I'm just not aware of them. My vague wording didn't help matters much either. Feel free to cite another statute that have the restrictions you note.
    Posterity: you will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it.--- John Quincy Adams
    Condensed Guide To Ohio Concealed Carry Laws

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