New York Firearms Forum banner
1 - 20 of 31 Posts

·
Registered
Joined
·
8,557 Posts
That is the 64000 dollar question. Depends on the definition of possession.
 

·
Registered
Joined
·
7,140 Posts
It really depends on how you define "possess" and also "transfer".
It is different than handguns, because what is required to "possess" a handgun is a license. That allows you to go into a LGS and handle a handgun, and to check out a gun you are going to buy from a private party. Under the law, you can not even touch a handgun without a permit.

The AW thing is different. The gun is REGISTERED to the owner, but no LICENSE was required for you to own and register it. So the question becomes this:
If you hand it to your friend at the range to try, is that a TRANSFER? Because you are prohibited from making a transfer, unless it is to a dealer or LEO. Or out of State to a dealer.

BUT, there is no LICENSE provision in the law. So an UNLICENSED person may POSSESS their own REGISTERED AW.

I suspect that if you leave it at a friends house, you and he will be in big trouble. Can you let your uncle carry it from the car into the range? Good question to ask a lawyer.
 

·
Registered
Joined
·
3,289 Posts
Simple. Don't register it.
 

·
Registered
Joined
·
1,598 Posts
I have no doubt examples will be made the day after the law goes into effect. If you fail to register, fear every ex-wife, girlfriend and enemy you ever made. They will rat you out and get an extra $500 for their trouble. This is Cuomo's world, the rest of us just live in it.
 

·
Registered
Joined
·
4,835 Posts
Can a person other than myself be in possession of my registered AW? After all, it is registered right?
My best guess would be that if someone other than you was found in possession of your registered AW, that the State would deem that to have been "transferred", which can now only be done legally through an FFL for ANY firearm. They will use any term or loophole to make another arrest for the SAFE Act to pad their numbers to show how well it's working. Look at all these dangerous criminals with these evil weapons that we've arrested. New Yorkistan is now so much SAFEer since 1/15/13. Now if your "AW" wasn't registered..........................
 

·
Registered
Joined
·
4,835 Posts
My truck is registered to me, it isn't transferred to my wife if she drives it to the store
I agree with you whole heartedly. Unfortunately the Emperor of New Yorkistan has very different views on possession of a vehicle and possession of a firearm.
 

·
Registered
Joined
·
753 Posts
i suspect that if they catch you with a black rifle after the registration date they are going to try to arrest you any way they can
Bet they confiscate it too, while they try to determine whether it's registered or not.
 

·
Registered
Joined
·
203 Posts
It really depends on how you define "possess" and also "transfer".
That is one of the many problems with this law, it is not how "you" define possession/transfer it is how the enforcers and prosecutors define it. If I loan my .22 to my neighbor to pop a woodchuck I certainly would not call that a "transfer" but I'll bet Cuomo and his minions would.
 

·
Registered
Joined
·
8,547 Posts
They can only charge you with a violation of a law on the books. The only firearms that are not permitted to be fired by someone without a duly issued license in NYS are handguns. There is no criminal conduct committed by lending a long gun to someone, or by letting them shoot it with you at the range.

This is completely legal and you can't be charged for this. This does not constitute a transfer of ownership. The registration law requires the owner to register it by the deadline. As long as that is done, the rifle is legal anywhere in the state. You just cannot sell or transfer it in NY to anyone but an FFL dealer.
 

·
Registered
Joined
·
8,547 Posts
Lets say I don't register and move my Black rifles out of state then the Safe Act get repealed in the courts two years down the road can I bring them back into the state?
Yes absolutely. If the law is struck, it is as if it never existed. It cannot be enforced, even retroactively, and all prosecutions based on portions of the law that are struck will be vacated.
 

·
Registered
Joined
·
481 Posts
Can a person other than myself be in possession of my registered AW? After all, it is registered right?
I got an answer to this in a roundabout way when calling the NYSP "hotline" (their advice is worth whatever you think it is worth). I was asking about registration of a jointly owned gun and how I could pass the gun on to my kids.

They told me one - and only one - person can register the gun (even if jointly ownned), but that anyone could use it. They said with respect to inheritence, I could register the gun with my youngest kid if I wanted to.

At the moment I'm just sitting tight and seeing how much of this is fixed before next year's deadlines. If things aren't fixed, there are still options other than registration .....
 
1 - 20 of 31 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top