[sr20sean]

My dad is trying to convince me that his co-workers (who are all Westchester residents by the way) said that it is NY state law that all firearms must be locked in a safe and that they can come and check any time they want to make sure you have a safe to keep them in. I know this is (to an extent) a Westchester thing and also a pretty smart thing to do but I can't find the supposed "law" anywhere in the penal code. I have a safe that I could fit probably 8 pistols in but nothing for the rifles since my closet locks.

These are also the same people that said the a Dutchess county permit was only valid in Dutchess county. *facepalm*

 

[fastk9dad]

It's not a state law, it's a county law. WCPD will spot check after you add handgun #5 to your permit.

http://www.ecode360.com/13186167

Sec. 527.21. Safety locks or safe storage depositories required.

[Added by L.L. No. 8-2000]
No person who owns or is custodian of a weapon shall store or otherwise leave such weapon out of his or her immediate possession or control without having first securely locked such weapon in an appropriate safe storage depository or rendered it incapable of being fired by use of a safety locking device appropriate to that weapon.


Sec. 527.31. Negligent storage of a weapon in the second degree.

[Added by L.L. No. 8-2000]
A person is guilty of the negligent storage of a weapon in the second degree when he or she stores or leaves an operable weapon in any location where such weapon is accessible to another person who is not its owner or custodian.


Sec. 527.41. Negligent storage of a weapon in the first degree.

[Added by L.L. No. 8-2000]
A person is guilty of the negligent storage of a weapon in the first degree when, he or she stores or leaves an operable weapon in any location where such weapon is accessible to another person who is not its owner or custodian and such weapon is discharged causing physical injury, serious physical injury or death to any person.

 

[sr20sean]

^ Thank you for proving my point. My dad needs to stop listening to WC residents who think they know NYS laws.

 

[cgrutt]

Uhm, I think you should be asking them for the citation as its hard to provide one that I'm not aware of

NYPL 265 (maybe 285, I don't remember off hand) and 400 are a good start, but I don't believe you'll find language there supporting these alleged laws. Maybe a local ordinance? Sorry, this is all I got, lol.

 

[sr20sean]

^ I checked both sections. Nothing about needing a safe to store a gun.

 

[cgrutt]

^ Exactly.

 

[Twogunwilly]

Wow I didn't know Westchester county was part of Mass., it's all clear to me now

 

[NirvanaFan]

NYPL 265 (maybe 285, I don't remember off hand) and 400 are a good start, but I don't believe you'll find language there supporting these alleged laws. Maybe a local ordinance? Sorry, this is all I got, lol.

You're right, it's 265 - Firearms and other dangerous weapons.

There is no state law. I'm not up on most of the laws of other counties though.

 

[fastk9dad]

^ Thank you for proving my point. My dad needs to stop listening to WC residents who think they know NYS laws.

My pleasure. Yes he should.

Also if you read some of the other laws dealers and the county clerk are required to have this posted:

(emphasis mine)

WARNING
RESPONSIBLE FIREARM STORAGE IS THE LAW IN WESTCHESTER. FIREARMS MUST BE STORED WITH A SAFETY LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE OR BOTH.

 

[fastk9dad]

Wow I didn't know Weschester county was part of Mass., it's all clear to me now

CT has similar laws.

 

[hermannr]

also a pretty smart thing to do

No, that is not a smart thing to do at all, and a very similar law has been overturned by the courts in CA. Coming soon to retardville.

No person who owns or is custodian of a weapon shall store or otherwise leave such weapon out of his or her immediate possession or control without having first securely locked such weapon in an appropriate safe storage depository or rendered it incapable of being fired by use of a safety locking device appropriate to that weapon

Now I ask you: When you go to bed at night and lock up ALL of your weapons....and mr BG breaks into your house...what are you going to do to defend yourself????? Oh mr BG...please wait on your assault on me and/or my family while I go open my safe and get my gun out so I can deture you????

 

[nessman]

It's not a state law, it's a county law. WCPD will spot check after you add handgun #5 to your permit.

Spot checks? Really? Unless they have a search warrant, the only thing they're gonna see is my front door closing in their face when they come knocking.

 

[Darthgamer138]

Spot checks? Really? Unless they have a search warrant, the only thing they're gonna see is my front door closing in their face when they come knocking.

Then you get no new pistol.

 

[sr20sean]

No, that is not a smart thing to do at all, and a very similar law has been overturned by the courts in CA. Coming soon to retardville.

Now I ask you: When you go to bed at night and lock up ALL of your weapons....and mr BG breaks into your house...what are you going to do to defend yourself????? Oh mr BG...please wait on your assault on me and/or my family while I go open my safe and get my gun out so I can deture you????[/FONT]

I was talking about having a safe to keep some guns in. Not ALL of them.

 

[fastk9dad]

Spot checks? Really? Unless they have a search warrant, the only thing they're gonna see is my front door closing in their face when they come knocking.

Yes, it's in the booklet you get when you apply for your permit. When you go to add number 5 they will make an appt w/ you to come verify everything is in a safe. I don't even think you need to open the safe, they just want to see it. And they don't randomly show up you know when they are coming. After that they don't come back checking on you. I said spot check because I have heard of a few cases where they didn't come out to the persons house, or a photo sufficed.

 

[ladder13]

Glad I got out of there years ago, never to return.

 

[hermannr]

Yes, it's in the booklet you get when you apply for your permit. When you go to add number 5 they will make an appt w/ you to come verify everything is in a safe. I don't even think you need to open the safe, they just want to see it. And they don't randomly show up you know when they are coming. After that they don't come back checking on you. I said spot check because I have heard of a few cases where they didn't come out to the persons house, or a photo sufficed.

Sorry, none of their business what I do with my property on my property...they don't like it they can get a search warrent.

 

[usmcveteran]

The county law does appear to violate this NYS case law though.

https://www.nysrpa.org/files/colaiacovo_v_dormer.pdf

 

[fastk9dad]

Sorry, none of their business what I do with my property on my property...they don't like it they can get a search warrent.

No, they don't have to. You likely wouldn't get #5 approved. Then it's lawyer time.

 

[Darthgamer138]

Sorry, none of their business what I do with my property on my property...they don't like it they can get a search warrent.

Again, as said before, they have you buy the *ahem* though. You can take that stand and you are right, they can't legally come in your house. You just won't get any more pistols added to your permit.