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Discussion Starter #1
I have multiple residences throughout upstate New York (none in New York City) and I own Remington 870 and Bushmaster Carbon 15. Currently both are in a safe in my primary residence. My question is if it would be legal to get a locked case and keep both in the trunk of my car; and if so would they have to be unloaded. Both would be safe as I would be the only person to possess a key to my car and the car has a circuit breaker so that one would need the key to open the trunk (it could not be opened by pulling the latch inside the car). Both would secure, however I am unaware if this would be legal. Thanks in advance.

Lou
 

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The magazine for your AR must also be unloaded when in your car, as it counts as a loaded firearm. Even if your AR is not present.
 

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The magazine for your AR must also be unloaded when in your car, as it counts as a loaded firearm. Even if your AR is not present.
Well that is good to know, I just went shooting the other day and had 70 rounds loaded up in mags.

Do you have a source for this info or is it just something you were told?
 

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Someone....I won't mention any names....Boss....is watching too much Sons of Guns!! Personally, I have considered this option, but I was afraid the brass would melt my soft top!!

 

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I would be interested in seeing the law that says you cant have a loaded AR magazine in a car even without an AR present in a vehicle.
I can tell you that the DEC and NYS believe a firearm is considered loaded if you have an unloaded rifle with the magazine loaded and not in the firearm.

Here is another thread where it has been discussed in length.
http://www.nyfirearms.com/forums/laws-politics/21214-loaded-long-gun-mags-car.html
 

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DEC will also consider a loaded gun leaning against your car as in your car. Unload before you get to the car :)
 

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I would be interested in seeing the law that says you cant have a loaded AR magazine in a car even without an AR present in a vehicle.
I can tell you that the DEC and NYS believe a firearm is considered loaded if you have an unloaded rifle with the magazine loaded and not in the firearm.

Here is another thread where it has been discussed in length.
http://www.nyfirearms.com/forums/laws-politics/21214-loaded-long-gun-mags-car.html
Uh-oh, here we go.

We'll even get to a point in which "if ammo exists for it then the gun is loaded." I will stick to my viewpoint though. A loaded AR mag outside of an AR in you car is NOT a loaded gun.
 

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Uh-oh, here we go.

We'll even get to a point in which "if ammo exists for it then the gun is loaded." I will stick to my viewpoint though. A loaded AR mag outside of an AR in you car is NOT a loaded gun.
LOL. I am just going to say I agree with you on a legal basis but I will also say doing so will most likely lead to someones arrest lol.
 

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I don't understand how they could get you for something like that though, even a child could tell you that if you have an empty gun in the backseat, and a mag on the dashboard that the gun can't fire a bullet anymore than the spare tire can.

They shouldn't be able to have it both ways, either a gun is loaded, or it isn't.

That being said, I always load my mags, for any gun before I leave the house, it saves time in the field, at the range or where ever you are going to shoot.
 

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LOL. I am just going to say I agree with you on a legal basis but I will also say doing so will most likely lead to someones arrest lol.
I know, that wasn't against you, it's just this topic has come up many times before and we still have no answer because the laws are dumb. I too load my mags and put them in the ammo box, and my guns in their case.
 

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I know it wasnt directed towards me lol. I have seriously spent atleast 24 hours looking into this lol and I even went to the Legal Library to look into it more lol.

The law that makes this "illegal" is an environmental conservation law (ECL). If this law were merely ECL then its obvious this law would not apply while going to the range because the law is found in the hunting section and if you delve deeper into the scope of applicibility of the Fish and Wildlife law which this law is apart of in ECL then you can easily see it does not apply.

Where it gets complicated is this case law http://www.leagle.com/xmlResult.asp...2710.xml&docbase=CSLWAR1-1950-1985&SizeDisp=7 . This case law says the law is actually a penal law even though its not in the penal section of law. So now since its a penal law would you use the penal law definition of firearm in which case you still would not be breaking the law if its a legal firearm or do you use ECL definitions? One could also say that its reasonable to assume that a loaded magazine not in a firearm does not count as it being loaded but it could also be said that the law only says a loaded magazine for the firearm even if no round is in the chamber.

Lastly if we are to follow this law as written and construed by the case law above then I still have not found any exemption of this law for police to have a "loaded" rifle or shotgun in their vehicle. This law as interpreted would mean that NYS swat teams would have to arrive on location get out of vehicle and load the magazines and rifles to be in compliance with the law. I obviously dont think that should be the case but I point that out to show how IMO the judge ruled incorrectly when creating the case law (I was given the above case law by the NYS AG office).

So I guess when you really break it down my biggest issue that I still cant figure out is why this does not apply to police when I have found no exemption for them anywhere in NYS (if you find it please let me know). I hate double standards and the judge in the case law even says the law has [FONT=Arial, Helvetica, sans-serif]"all-inclusive universal application in this State"[/FONT].
So I guess I just dont get it lol.
 

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I know it wasnt directed towards me lol. I have seriously spent atleast 24 hours looking into this lol and I even went to the Legal Library to look into it more lol.

The law that makes this "illegal" is an environmental conservation law (ECL). If this law were merely ECL then its obvious this law would not apply while going to the range because the law is found in the hunting section and if you delve deeper into the scope of applicibility of the Fish and Wildlife law which this law is apart of in ECL then you can easily see it does not apply.

Where it gets complicated is this case law http://www.leagle.com/xmlResult.asp...2710.xml&docbase=CSLWAR1-1950-1985&SizeDisp=7 . This case law says the law is actually a penal law even though its not in the penal section of law. So now since its a penal law would you use the penal law definition of firearm in which case you still would not be breaking the law if its a legal firearm or do you use ECL definitions? One could also say that its reasonable to assume that a loaded magazine not in a firearm does not count as it being loaded but it could also be said that the law only says a loaded magazine for the firearm even if no round is in the chamber.

Lastly if we are to follow this law as written and construed by the case law above then I still have not found any exemption of this law for police to have a "loaded" rifle or shotgun in their vehicle. This law as interpreted would mean that NYS swat teams would have to arrive on location get out of vehicle and load the magazines and rifles to be in compliance with the law. I obviously dont think that should be the case but I point that out to show how IMO the judge ruled incorrectly when creating the case law (I was given the above case law by the NYS AG office).

So I guess when you really break it down my biggest issue that I still cant figure out is why this does not apply to police when I have found no exemption for them anywhere in NYS (if you find it please let me know). I hate double standards and the judge in the case law even says the law has "all-inclusive universal application in this State".
So I guess I just dont get it lol.
Holy crap. You have been at this. Just remember the last part this way. (1) The police can do whatever they want. (2) You can't. It's that easy.

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Holy crap. You have been at this. Just remember the last part this way. (1) The police can do whatever they want. (2) You can't. It's that easy.

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Yes I have lol. I have gone over it and over it lol and you are right for the most part lol. In order for police to be charged a D.A. would have to press charges and a D.A. does not have any duty to do so, so like you say in essence as long as the D.A. is on board they are good to go lol.

Again I dont think police should be charged because thats rediculous they cant have a loaded rifle or shotgun in their car but then again the law is the law lol.
 

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Discussion Starter #19
They would be legal in a gun rack in the back window.
Thanks. I thought it was perhaps a stupid question, however I am new to the area. Plus this state unreal with rules, regulations, and laws.

Just to confirm: both firearms can be stored in my trunk, regardless of having a safe or case, as long as both are unloaded (and as long as the AR magazine is empty). Correct?

Thanks again. I was glad to find this forum, as it is definitely needed here, more than any other state in the union.
 

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If you want to be safe then you can have them unloaded and in a case in your trunk. Yes to be safe dont have your AR magazine loaded and also no shells in your shotgun tube.
 
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