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Discussion Starter · #1 ·
Ok, so the title pretty much says it all. My question, to be more specific, is why would I even want a carry permit if I cannot carry even with bullets in my pocket? Am I somehow misinterpreting? or is this law truly that ridiculous? I also can't believe I'm the only person stumped by this, though I would be honored to be the first fool. FYI, Dutchess county.
 

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I was under the impression with a pistol permit you're allowed to carry a full magazine with one in the chamber. You cannot carry a rifle or shotgun loaded around with you. I'm not sure if that is the difference you were talking about, having to have ammo separate from a rifle or shotgun while it's being transported or something?
 

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Please post the law in question.

I am going to assume that your talking about something in 265 of Penal Code. If so then Firearm is essentially defined as illegal firearms. By getting a permit via 400 of Penal code your getting exempted from the law I think your talking about. If you get a pistol permit then when your carrying in legal places the pistol is allowed to be loaded.
 

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Discussion Starter · #4 ·
Ah, I see, I wish the laws were easier read. I mean shoot, Nietzsche is easier to follow than the damn Law. I saw exemptions but still it is tough to follow online. Perhaps on paper it is more clear? Literally like using a tree finder book, Haha!
 

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Yep, pistol is exempt if you are talking about a NYS ccw holder carrying loaded pistol in car. Rifle and shotgun must be unloaded with bullets separated from gun. I've heard this means no bullets in magazines and no loaded long guns leaning or touching even the outside of car while hunting or target shooting, but IMO, you would have to be doing something else that's pretty reckless for any officer to actually charge you with this. Note there are differences between penal, federal and conservation law and even a licensed holder can not carry a loaded pistol everywhere eg state parks, school grounds, post offices, court houses are some obvious exceptions.

Welcome to the forum...
 

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Yep, pistol is exempt if you are talking about a NYS ccw holder carrying loaded pistol in car. Rifle and shotgun must be unloaded with bullets separated from gun. I've heard this means no bullets in magazines and no loaded long guns leaning or touching even the outside of car while hunting or target shooting, but IMO, you would have to be doing something else that's pretty reckless for any officer to actually charge you with this. Note there are differences between penal, federal and conservation law and even a licensed holder can not carry a loaded pistol everywhere eg state parks, school grounds, post offices, court houses are some obvious exceptions.

Welcome to the forum...
Not at all.

I've heard stories where people have been at hunting camp and had to bop the woody out of their faces as a DEC officer approached because they saw a gun leaning against the tailgate of a pickup at said camp. Same as carrying for a drive by shooting.
 

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Discussion Starter · #8 ·
yea, I'm going to head over to the Sheriff's office, as they have always been cordial and open to me in the past, and just ask a few questions anyway. Better to get as much info as possible from all of my sources than to be caught with no knowledge of the law. I like my life and any felony charge would really kind of suck. Besides I'm sure they have great reference websites or books to look up at the library which would help me. Searching google isn't very productive.

Thanks for the welcome, Haha!
 

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yea, I'm going to head over to the Sheriff's office, as they have always been cordial and open to me in the past, and just ask a few questions anyway. Better to get as much info as possible from all of my sources than to be caught with no knowledge of the law. I like my life and any felony charge would really kind of suck. Besides I'm sure they have great reference websites or books to look up at the library which would help me. Searching google isn't very productive.

Thanks for the welcome, Haha!
I would not trust police officers to give you legal advice...especially with guns...most of them know nothing, or worse, are very misinformed.

Honestly ask here...you will get much more accurate info...even better info than a lawyer IMHO...even lawyers don't understand all the intricacies of NYS gun laws...I'm not saying I am an expert, or any one of us is an expert...but the hive mind usually knows all.
 

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Lmao...

I'm still failing to understand your question!

and being your first post leaves me pondering troll or something along that line.

that said... Most firearm owners, become familiar with the laws governing the possession of same and the use of force, deadly force in particular. I suggest you do so as well as it seems you are barking up the wrong trees! I.e., asking legal advice on the internet and then police that could potentially have an impact on your life for years!

There are plenty of certifiable instructors who can provide the proper training and knowledge that would help you along your path as you seem interested in possibly obtaining a firearm. That training and education would empower you to make all the right decisions that will make your ownership of firearms much more enjoyable than your OP would indicate (rant).

for the record, a LOADED firearm would be one capable of discharging its ammunition...

Have a nice day!
 

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Penal Law 265 Definitions
15. "Loaded firearm" means any firearm loaded with ammunition or any
firearm which is possessed by one who, at the same time, possesses a
quantity of ammunition which may be used to discharge such firearm.
 

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Discussion Starter · #14 ·
Lmao...

I'm still failing to understand your question!

and being your first post leaves me pondering troll or something along that line.

that said... Most firearm owners, become familiar with the laws governing the possession of same and the use of force, deadly force in particular. I suggest you do so as well as it seems you are barking up the wrong trees! I.e., asking legal advice on the internet and then police that could potentially have an impact on your life for years!

There are plenty of certifiable instructors who can provide the proper training and knowledge that would help you along your path as you seem interested in possibly obtaining a firearm. That training and education would empower you to make all the right decisions that will make your ownership of firearms much more enjoyable than your OP would indicate (rant).

for the record, a LOADED firearm would be one capable of discharging its ammunition...

Have a nice day!
Thanks for being condescending... Also in ny the definition of a loaded firearm is quite a bit more than what you stated. Also I'm sorry you feel like all cops are out to get you. To clarify, I have a firearm, this being America I don't need any training to own said firearm. (Though I do have some basic training courses under my belt). I feel there is nothing wrong with making myself as educated as possible through the experience of others and through police, whom should have at their disposal excellent reference sources. So truly I applaud you for either being a troll, or chastise you for being someone who gives bad advice through their own negligent ignorance in the laws of yours and your surrounding states. /end rant
 

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Ok, so the title pretty much says it all. My question, to be more specific, is why would I even want a carry permit if I cannot carry even with bullets in my pocket? Am I somehow misinterpreting? or is this law truly that ridiculous? I also can't believe I'm the only person stumped by this, though I would be honored to be the first fool. FYI, Dutchess county.
Ah, I see, I wish the laws were easier read. I mean shoot, Nietzsche is easier to follow than the damn Law. I saw exemptions but still it is tough to follow online. Perhaps on paper it is more clear? Literally like using a tree finder book, Haha!
yea, I'm going to head over to the Sheriff's office, as they have always been cordial and open to me in the past, and just ask a few questions anyway. Better to get as much info as possible from all of my sources than to be caught with no knowledge of the law. I like my life and any felony charge would really kind of suck. Besides I'm sure they have great reference websites or books to look up at the library which would help me. Searching google isn't very productive.

Thanks for the welcome, Haha!
I'll let you know tomorrow around noon.
Thanks for being condescending... Also in ny the definition of a loaded firearm is quite a bit more than what you stated. Also I'm sorry you feel like all cops are out to get you. To clarify, I have a firearm, this being America I don't need any training to own said firearm. (Though I do have some basic training courses under my belt). I feel there is nothing wrong with making myself as educated as possible through the experience of others and through police, whom should have at their disposal excellent reference sources. So truly I applaud you for either being a troll, or chastise you for being someone who gives bad advice through their own negligent ignorance in the laws of yours and your surrounding states. /end rant
Not condescending at all, if you read my reply, its sound advice!

if you were aware of the definition then why did you ask?

all your posts are resounding troll, and only yours are rants.

I never said anyone needs training to own a firearm, reading comprehension is a valuable trait. What I suggested was due to your ignorance and knowing that it could help you.

You can do as you wish, just don't come back and say you must now figure out how to pay that lawyer to keep you out of jail because you followed advice on the internet, lmao. Lastly, you know nothing about me and I don't think COPS or anyone else are out to get me, lmao again. You're a sad example of someone who comes online, asks questions, then gets all ruffled when they don't get the answer they are looking for. If you are so smart, why come and ask at all.

I will leave you with one piece of KNOWLEDGE that may help you along...
There is a HUGE difference between those who ENFORCE the law, and those who PROSECUTE it, and yes, just having those bullets in your pocket separated from the firearm could still be considered possession of a LOADED firearm. The difference between a year in jail 'CPW 4th', and or 3-1/2 to 15 years 'C Felony'... depending on the situation, lol. If you'd care to read what I had wrote, my explanation is consistent with the legal definition. Maybe you just don't want to hear it, or are looking for something different or a loophole that doesn't exist.

Anyways, have a nice day : )

anyways, you never updated what information you got back from you quest (asking COPS as you call them)...
 

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FWIW, I thought the question was legit. Casual reading of 265 could lead one to believe carrying a loaded pistol in a car is a crime. It's confusing. I didn't take the question as any more than someone seeking some clarity around that. JMO.
 

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It is a fact that if a long gun is loaded and leaning on your tailgate you WILL get a ticket for it. My brother in law and his pals were eating lunch doing just that when DEC came a
long a wrote then up.
 

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It is a fact that if a long gun is loaded and leaning on your tailgate you WILL get a ticket for it. My brother in law and his pals were eating lunch doing just that when DEC came a
long a wrote then up.
You won't if the officer chooses not to bust your balls about it. I've taken tactical carbine classes WITH LEOs and nearly everyone was getting their equipment ready on their tailgates/trunks in the parking lot of the gun club. No tickets. Just saying...
 

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What are the current odds on you getting a pass versus having the register rung?;)
Personally, I'm of the opinion that people going about their business don't normally get visited by LEO unless they are doing something that invites the visit. IDK. All I can say, because I've never had LEO visit me unless they were called. It follows that if your not doing anything that deserves a visit, nobody's going to get a ticket. If on the other hand, you doing something and the cops are called, I'd say its fifty-fifty whether your ticketed or not. Alot comes down to how you handle yourself when they show up. Just speaking from my own experience; have no idea what others have experienced.
 
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