New York Firearms Forum banner

1 - 8 of 8 Posts

·
Registered
Joined
·
58 Posts
Discussion Starter #1
Hey guys,

I'm reading NYS article 265.02:

Article 265 - Penal Law - Firearms and Other Dangerous Weapons

There are eight sections (clauses?) to article 265.02. Each
section ends with the word "or" .... If I am reading that right,
I would think that if you violated any one of the clauses, you
would violate this section of article 265.

Here's my concern - section (clause) 5 says that if I own
"three or more firearms,' I am guilty of a class D felony.

How am I reading this wrong? I can't believe it's a
class D felony to own 3 firearms .......
 

·
Registered
Joined
·
62 Posts
The important part is that first "and"

"Such person commits the crime of criminal possession of a weapon
in the fourth degree as defined in subdivision one, two, three or five
of section 265.01, and has been previously convicted of any crime"

after this is where the "or" stuff starts... So all of the "or" parts require first the criminal possession of a weapon in the fourth degree... if they are in criminal possession in the fourth degree AND have 3 firearms, then they are in criminal possession of the third degree.
 

·
Postmaster General
Joined
·
23,073 Posts
Refles and shotguns are NOT "firearms". (NY Logic) Pistols are, but permit holders are exempt.

3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun havingone or more barrels less than eighteen inches in length; or (c) a riflehaving one or more barrels less than sixteen inches in length; or (d)any weapon made from a shotgun or rifle whether by alteration,modification, or otherwise if such weapon as altered, modified, orotherwise has an overall length of less than twenty-six inches; or (e)an assault weapon. For the purpose of this subdivision the length of thebarrel on a shotgun or rifle shall be determined by measuring thedistance between the muzzle and the face of the bolt, breech, orbreechlock when closed and when the shotgun or rifle is cocked; theoverall length of a weapon made from a shotgun or rifle is the distancebetween the extreme ends of the weapon measured along a line parallel tothe center line of the bore. Firearm does not include an antiquefirearm.
 

·
I wish I were an Oscar Meyer Weiner
Joined
·
6,795 Posts
Yea Dieter is Right. Like the definition Darthgamer posted, any pistol or revolver or rifles with a barrel less then 16" and shotgun with barrel less then 18". Those are all illegal firearms. Pistols and revolvers dont count in the definition if you have a permit for them. You will find that in the exemptions section of article 265.
 

·
Formerly SRV1
Joined
·
4,720 Posts
Hey guys,

I'm reading NYS article 265.02:

Article 265 - Penal Law - Firearms and Other Dangerous Weapons

There are eight sections (clauses?) to article 265.02. Each
section ends with the word "or" .... If I am reading that right,
I would think that if you violated any one of the clauses, you
would violate this section of article 265.

Here's my concern - section (clause) 5 says that if I own
"three or more firearms,' I am guilty of a class D felony.

How am I reading this wrong? I can't believe it's a
class D felony to own 3 firearms .......
Do not listen to these guys. The two you own are legal and the rest must be owned by a competent NY state permit holder like myself. Please send me a PM and I will give you my address so you can send them to me so you will not get in trouble. Make sure you package them up real nice. I do not want any dinged or scratched guns!!:p

James
 

·
Registered
Joined
·
58 Posts
Discussion Starter #8
Sixgun,

Thank you - you're exactly right. I missed the "and" in the first clause.
I was focused on the "or" at the end of the first clause.

Thanks .....
 
1 - 8 of 8 Posts
Top