Theoretical legal question

[Tanis143]

Vermont is ok, I think. But I’d darn sure check before going there. Maine too maybe.


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Vermont is, for now. There has been several pushes to have them mimic other states in the NE but so far nothing has gained traction.

*edit* I take that back. Vermont has started the slide unfortunately. They now have magazine size restrictions (10 for long guns, 15 for handguns), require a 4473 on private sales and have a red flag law. Sad, another state going down the tube for the 2nd amendment.

 

[Fyrtwuck]

That's my point though. If the state of NY seeks to strip me of my fundamental right to be secure in person or possessions, then they need to take up that responsibility. That is the axis of my argument. These nanny blue states keep saying that their firearm laws are for our protection, yet when it comes to actively protecting us they refuse. I say its time to force them to either allow for self protection or to protect us directly. Maybe if that aspect was forced into view, the court would rule that the state (regardless of which one) either has to restore the right of self protection for visitors or they have to protect them directly. I would like to visit NY, there are a lot places that are down right beautiful (that is another aspect of West Point I miss, the Highland Falls area is spectacular). However, with today's issues, I won't travel unless I have my sidearm with me. And in several states my sidearm is not allowed (12+1 capacity).

Isn’t that the 4th Amendment? (Search and seizure)

But isn't their motto, or mission statement,
"To protect & to serve"

Not protect & serve just who I want. ??

That motto has been a source of irritation to a lot of officers. When they hear protect and SERVE, some will tell you that you aren’t in a restaurant and they are not there to take your order.

 

[Tanis143]

Isn’t that the 4th Amendment? (Search and seizure)

Yeah, was tired when I typed that and couldn't remember if I read that on another amendment or if I read it in the Madison papers when talking about the need for armed citizens.

 

[Snattlerake]

I would not set foot in New York, or Illinois, or MD, DC, basically anywhere north of Virginia.

Or Portland Oregon, and Californication.

 

[Fyrtwuck]

New York and New Jersey also have the reputation of arresting officers retired and active who come into their airports and aren’t on “official business”. The TSA has procedures and CLEET has a class specifically addressing flying while armed for those who are on “official business” status.

 

[druryj]

Aren’t we glad we live here in Oklahoma? I’m also somewhat frustrated, but like others have expressed, I’m in no way ready to resort to violence. I can’t see taking over the deep blue democratic left leaning states. That’s the business of their citizenry. I prefer to write, call, and to vote. And to not go where I’m not welcome to take advantage of my right to self defense.


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[druryj]

Aren’t we glad we live here in Oklahoma? I’m also frustrated, but like Others have expressed, I’m not ready to resort to violence. I prefer to write, call, and to vote. Now try to deprive me of my legal rights through force; and the story line changes real fast. Dictatorial acts will not be tolerated.


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[Snattlerake]

This lawyer gets it.

https://www.nyccriminallawyer.com/felonymisdemeanor/firearm-charge-in-new-york/airport-gun-arrests/

Understanding Gun Laws in New York City
People passing through airports are not the only ones affected by NY’s overly restrictive gun laws. Tourists traveling in the area who aren’t aware of the city’s restrictions could also find themselves facing arrest. In some cases, people who saw signs informing them of gun bans and who tried to turn their weapons over to law enforcement for safe keeping still found themselves arrested. In other situations, people were charged with having a gun in NY even if the weapon never left the hotel.

Those who are charged face very serious potential penalties. There are three primary state and city-specific laws that affect those visiting or traveling through NY:

• New York City Administrative Code Title 10, Section 3
• NY State Penal Law Article 265
• NY State Penal Law Article 400

These laws make it very difficult for even New Yorkers to obtain permits to own or carry weapons. The laws restrict the kinds of weapons that can be owned; the types of ammunition that a person can have; the number of bullets a magazine can hold; and a host of other aspects of gun ownership. New York City’s laws are so restrictive that even people with self-protection licenses may not be allowed to bring a handgun into the city.

People traveling from other states are expected to know these laws. The NYC Criminal Justice website indicates that it is the responsibility of travelers to be aware of the rules. Unfortunately, many people who visit from states without these draconian laws may believe that it is enough to learn TSA rules. In light of the Supreme Court decision in District of Columbia v. Heller affirming the Second Amendment’s guarantee of an individual right to own firearms, many people may not even imagine that any location in the U.S. could have gun laws that would result in such unjust outcomes.

A simple mistake about what the law requires should not lead to felony charges, but because New York gun control laws don’t consider your intent, many upstanding citizens find themselves looking at the possibility of years of jail time.

Penalties for Gun Crimes in NY
NY State Penal Law Article 265 imposes mandatory minimum penalties for criminal possession of a firearm. There are different degrees of this offense:

• Criminal possession of a weapon in the fourth degree: You can be charged with this Class A misdemeanor offense for possessing any firearm. (Section 265.01)
• Criminal possession of a weapon in the third degree: You can be changed with this Class D felony for criminal possession of any firearm if you have any prior criminal convictions. You can also be charged with this offense if you possess a firearm silencer, a weapon adaptable for use as a machine gun, a machine gun, a disguised gun, an assault weapon, a large capacity ammunition feeding device, or three or more firearms (Section 265.02)
• Criminal possession of a weapon in the second degree (Section 265.03): You can be charged with this Class C felony if you possess a machine gun; a loaded firearm; five or more firearms; or a disguised gun.
• Criminal possession of a weapon in the first degree (Section 265.04): You can be charged with this Class B felony if you possess 10 or more firearms.

Second degree criminal possession of a weapon, one of the most common felony charges imposed on people who bring guns when traveling into NY, carries a minimum penalty of 3.5 years in prison with no past convictions and a maximum possible sentence of 15 years.


What to Expect if Charged with a NY Gun Crime
While New York prosecutors don’t necessarily end up putting tourists in jail for decades for having a gun, they also don’t allow visitors to simply admit their mistake and move on.

Many people who pass through the city and find themselves arrested end up pleading guilty to lesser offenses. This can result in fines, a criminal record, required community service, and the seizure and destruction of the guns.

Weapons that may have been passed down from generation to generation or that you may need to hunt for food for your family or defend yourself could be taken by New York bureaucrats and destroyed because you accidentally set foot in the state without knowing the strict rules.

Be aware guys!