Talk:Gun laws in New York
Text and/or other creative content from this version of Gun laws in the United States by state was copied or moved into Gun laws in New York with this edit on 28 December 2011. The former page's history now serves to provide attribution for that content in the latter page, and it must not be deleted as long as the latter page exists. |
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Cleanup and Citations
[edit]Regional/Cultural Differences
[edit]There were {{citation needed}} tags all over the place here; many of them asking for citations for very matter of fact/colloquial things that did not need a citaion. The statement regarding "a friend in Suffolk County" not being able to carry in his hometown while a friend from a "gun friendlier" county upstate could does not require a citation as it is the letter of the law. -Deathsythe (talk) 13:15, 27 April 2011 (UTC)
Application
[edit]For the "Cities with stricter laws include Albany, Buffalo, Rochester and New York City" statement, I do not feel like a citation is needed there, however a link to a subsection regarding the specific laws for those jurisdictions is in order. An expansion of the Regional/Cultural Differences section to highlight these specifics should suffice. -Deathsythe (talk) 13:15, 27 April 2011 (UTC)
Newark airport is in NJ not NY
[edit]Newark airport, while it is part of the NYC metro area, falls under NJ law. I think it should be more clear that Mr. Revell was arrested due to NJ laws regarding illegal possession and not NY laws. — Preceding unsigned comment added by Rjairam (talk • contribs) 17:07, 8 May 2013 (UTC)
Edit The Newark Airport sould not even be mentioned. You cannot use an even in New Jersey as an example of the problems in NY law. — Preceding unsigned comment added by 72.228.53.64 (talk) 12:57, 7 October 2013 (UTC)
- Agreed. That case is about NJ laws. It is also written as to imply the defendant was put in a catch 22 when he was not. It is common knowledge that if you are forced to take a layover you simply leave your luggage with the airline. You do not take possession of the piece of luggage containing the firearm if you stop in a jurisdiction where it is not legal.108.18.73.68 (talk) 09:17, 9 October 2013 (UTC)
- Agreed It's got nothing to do with NY law. Put it under NJ Gun Control instead. The error's been there since 2013.
New Article - Gun Laws in NYC
[edit]Because of the vast contrast between the rest of the state and NYC, it may be viable that we create Gun Laws in New York City. This will help fabricate a cleanup of this article, as well as help maintain the seperation between the NYC jurisdiction and the rest of the state regarding gun laws. -Deathsythe (talk) 13:15, 27 April 2011 (UTC)
Westchester Case
[edit]As you all may know Alan Gura has taken up the cause alongside the Second Amendment Foundation to challenge NY's restrictions on CCW licenses. This issue is very important to the article, and deserves a section most likely. Below is a list of potential references for us to work with.
Granted, a lot of the information is from the blogosphere, but the brief itself should provide enough of a WP:RS RS to support inclusion.
-Deathsythe (talk) 12:01, 18 July 2011 (UTC)
Sullivan Act
[edit]It looks like the Sullivan Act is not mentioned in this article. Probably it should be, since it was a key early gun control law in New York. I'm not sure of the best way to talk about it in the article, and in fact I'm not sure how much of it is still in effect, but I thought I'd mention it. — Mudwater (Talk) 04:01, 13 February 2013 (UTC)
Pistol licence vs. concealed carry permit.
[edit]The are two types of pistol permits in NY. Premises and concealed carry. Concealed carry is a type of pistol permit, its not something different. You do not need a separate concealed carry permit and pistol licence. Upstate, almost all permits are concealed carry. Downstate the tend not to be. — Preceding unsigned comment added by 72.228.53.64 (talk) 13:04, 7 October 2013 (UTC)
Keep in mind that even restricted carry permits are still carry permits under the law, even in Nassau, Suffolk, and Westchester. NYC is the only jurisdiction that regularly issues premise only. — Preceding unsigned comment added by Daedalus46 (talk • contribs) 01:19, 26 September 2015 (UTC)
Transit Section Errors
[edit]The current language includes: "This means that under the Firearm Owners Protection Act, all people traveling through New York City and New York state with firearms are protected by federal law, however they must have their firearms unloaded and locked in a hard case where they are not readily accessible (e.g. in the trunk of a vehicle).[25] They can never be in possession of a high capacity feeding device made post-ban."
The references do not say "hard case" they say "container." There is as far as I can tell no case law (pardon the pun) establishing a locked soft case is not allowed.
The statement on high cap feeding devices (magazines) is also incorrect. If you live in New Hampshire and are traveling to Virginia, anything legal in both states, eg so called high cap mags, is legal to transport through New York even though not legal to keep in NY. The cases people cite on this are not "clean cases" they involve people who violate FOPA generally and lose protection, eg by staying at a hotel and taking weapons inside with them, or of people having items not legal in both their originating and destination jurisdictions. 108.18.73.68 (talk) 09:13, 9 October 2013 (UTC)
- I am also curious about this. The NYC section implies FOPA does not stand in NYC. Where is there any case law suggesting FOPA is not in full force in NYC?108.48.226.70 (talk) 00:03, 7 April 2014 (UTC)
It should be noted that the Fire Arm Owners Protection Law does not protect you from arrest under local laws, It however can be used as a legitimate defense if prosecuted.
What are DDs?
[edit]In Title II (National Firearms Act) weapons restricted catagory of first table, it states "DDs are permitted except for rockets with greater than 3 ounces of propellant, which are prohibited." Does anybody know that they are? The DD page does not seem to have anything that fits, and nor does a google search. A description, footnote, or link to the appropiate page would be much appreciated. Jd-nk (talk) 18:03, 5 August 2014 (UTC)
- DDs are Destructive Devices, as defined by the National Firearms Act. I've updated the summary table accordingly, here. — Mudwater (Talk) 18:28, 5 August 2014 (UTC)
NPOV dispute
[edit]Article violates NPOV with adjectives including "oppressive" in first sentence. Use of "although" in the second sentence, this should just state the facts, i.e., "Article 2, Section 4, of the New York Civil Rights Law states: A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed. The state constitution of New York has no provision that explicitly guarantees the right." The final sentence of the introduction does not lend itself to the introduction of this topic, instead pushes an agenda. Furthermore, second sentence of the overview, use of the word "restrictive" is unnecessary, pushing a point of view again. Also adding multiple [citations needed] due to statements of truth being made without ubiquitous knowledge nor citations in place. Davidsf15 (talk) 18:39, 21 November 2014 (UTC)
- It's been almost five years since the above post, and it looks like the article no longer contains the material that the OP found objectionable. So, I'm going to remove the "POV check" tag. Of course we need to continue to ensure the neutrality of the article, and I'd be open to further discussion about this. — Mudwater (Talk) 00:41, 24 September 2019 (UTC)
Gregg C. Revell case
[edit]What does this case have to do with this article? Last time I checked, New Jersey was not part of New York.--158.222.143.13 (talk) 03:14, 29 August 2015 (UTC)
What does this even mean??? "State law does not require a hunting license to own or possess long guns or pistols. State law does require a permit to own or possess a pistol." Fix please... — Preceding unsigned comment added by 173.161.36.189 (talk) 19:34, 30 May 2017 (UTC)
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Open carry
[edit]Why does the table say open carry is not allowed and then under notes it explains it actually is? Public attitudes and commonality of the practice is irrelevant to its legal status. Thornfield Hall (talk) 01:04, 26 April 2023 (UTC)