OP
Fide686
Member
so, the way its written, doesn't there need to be "intent" to portray the firearm as a toy?
Color of gun change felony in ny?
- Thread starter Fide686
- Start date
I'm surprised to see a couple LEO's opposed to this, considering they are the ones that have to make the split second decisions toy / not a toy, shoot / don't shoot. But then again, it is out of New York which automatically makes it bad for some.
NYS law already prohibits the possession (sale and design) of a Disguised Firearm.
A toy gun with the red muzzle covered or removed for example. Or a pen-gun, or Cane gun or Lighter gun,,,all Disguised guns and illegal in NYS already.
This 'new law' is mearly an ammendment to that already on the books.
The ammendment puts into the Disguised Firearm Law a new section which re-defines a 'Diguised Toy Gun'.
The other ammendment makes it a D Felony to actually do the alteration to a real firearm by altering the color and /or surface appearance to make it look like a Toy... AND DOING SO for the PURPOSE of SELLING the WEAPON.
That last part I could assume that the sale of the altered/diguised real gun to look like a toy gun was done to sidestep the Fed and NYS gun laws re: transfers
But it doesn't say that in the ammendment.
.....Unless you are painting real guns to look like Fanner 50's and Johnny 7 OMA's
and for the purpose of selling them as a Toy gun so no paper work need be done,,,,this new ammendment to an already on the books law means little.
MA is the same way. That's how I ended up with a Bersa 380cc in .380. Nothing Bersa makes is on the MA roster, but the guy I bought it from went to school in the midwest and bought some guns when he was there. When he moved back, he brought his guns with him.
Also, you don't have to "register" the guns that you bring in with the state, but they don't tell you that you have to know the law.
As to the NY law, I'd expect them to enforce it as expansively as possible and let gun owners spend thousands to prove their innocence.
Also, you don't have to "register" the guns that you bring in with the state, but they don't tell you that you have to know the law.
As to the NY law, I'd expect them to enforce it as expansively as possible and let gun owners spend thousands to prove their innocence.
i have to disagree with you the law now says ANY change in color from the original it came with, with the purpose of selling, is a Class D felony.
Last edited:
OP
Fide686
Member
I'm concerned re owning, not modifying and then selling one. For example, the one pictured on my post- dark gray mod 19. one local gun shop owner is convinced that possession of a gun in color modified condition is a felony. I have read the statute numerous times, and it looks like one needs intent to be in violation. Still not sure.
Thanks in advence.
Thanks in advence.
How long would you have to stay in California to legally sell your guns and then leave? Asking for a buddy. I don't think I would make it more than a few days. Maybe Sierraville would work for a month or so.
possession is not in the bill that just passed
CA Escapee
Member
- Joined
- Mar 31, 2013
- Messages
- 742
- Reaction score
- 836
Unless it's spelled out in the law that they're illegal to have there in the first place, then you can't bring them into the state. They may be "off list", but still not legal to bring into the state.
Last edited:
CA Escapee
Member
- Joined
- Mar 31, 2013
- Messages
- 742
- Reaction score
- 836
You'd definitely have to have a CA driver license/ID, register your vehicle, have utility bills for your residence, etc. In that case I don't think it could be questioned.
Work situations change, your buddy may not know how long they'll be living there. Maybe a better job offer came in from out of state, like Nebraska.
Last edited:
Beemer-mark
Member
For a few short years in the 21st century I lived in Delaware and worked in NJ. Driving to work every morning I'd listen to the news which had the latest laws passed by the NJ legislature. 90% of the laws made no sense at all. Like who would even do that. The favorite one I remember is they passed a law making it illegal to sleep behind the wheel. Generally falling asleep behind the wheel of the auto has serious other law breaking consequences (like crossing into to opposing traffic). Anyway the point of this is that passing a law doesn't have to make sense. The dim witted people in the legislature just need something to do and anything one person suggest will pass without any thinking by the other members.
sousana
Member
I've run across guns with paint jobs so bad you wanna slap the guys momma, so bad they should have been criminal. I bought a Kimber Raptor from a guy on a forum, asking $400. Met up with him and it was a spray on pink. Took it for $400, sent it off to C&S for a new finish and new parts, all told about another 225 spent.
Baltimoreed11754
Member
Cops have it hard enough telling the lookalike black air-soft guns from the real deal now they have to contend with real guns painted to look like toys. I hear the attorneys for the poor ‘victim’ now saying ‘how could you have shot this poor kid with what is obviously a nerf toy’. Not to mention the real possibility of a kid picking up a ‘toy’ gun that is a real gun. I have an edc Marine Corp red Colt Mustang in my pocket right now.
Sistema1927
US Veteran
Not sure, but thinking that doing this with an AR15 might run afoul of this NY law.
touchoneoff
Member
...one more chip out of the ole "gun owners" block. These Progressive are despicable.
Not sure, but thinking that doing this with an AR15 might run afoul of this NY law.
Could be a factory job . . . maybe.
Beemer-mark
Member
From the bill - "Guns that are disguised to appear to be toy guns pose a real threat to the citizenry of this state."
Not sure, but thinking that doing this with an AR15 might run afoul of this NY law.
Wow!
Felony or not, being in possession of that is grounds for revocation of a man card. Likely a permanent revocation!
smoothshooter
Member
Sometimes gun companies are our own worst enemy.
Kinda’ like the makers of AR-15 pistols . . . .
In an attempt to try to clarify the term DISGUISED GUN in the Republik of New York, here’s the exact definition of a DISGUISED GUN, as per the NYS Penal Law:
“Disguised gun” means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive and is designed and intended to appear to be something other than a gun.
*Here is the exact statute reference the mere POSSESSION (no intent required) of a disguised gun:
A person is guilty of criminal possession of a weapon in the third degree when:
(6) Such person knowingly possesses any disguised gun; or
Criminal possession of a weapon in the third degree is a class D felony.
*And, here’s the exact statute reference to the POSSESSION of a disguised gun: (added by me- please note that INTENT IS necessary…)
A person is guilty of criminal possession of a weapon in the second degree when:
(1) with intent to use the same unlawfully against another, such person:
(c) possesses a disguised gun; or
Criminal possession of a weapon in the second degree is a class C felony.
*And, here’s the exact statute on the MANUFACTURE and/or TRANSPORT of a disguised gun:
1. Any person who manufactures or causes to be manufactured any machine-gun, assault weapon, large capacity ammunition feeding device or disguised gun is guilty of a class D felony.
2. Any person who transports or ships any machine-gun, firearm silencer, assault weapon or large capacity ammunition feeding device or disguised gun, or who transports or ships as merchandise five or more firearms, is guilty of a class D felony.
Having been a long time county LEO here in NYS, and having been personally involved and/or associated with many cases and crimes involving the possession of weapons, it is clear to me that the intent of this legislation and law is to prosecute individuals who clearly and indisputably “disguise” guns for unlawful reasons; not those of us who individually customize guns, be it Cerakote or other means. I certainly don’t favor laws such as Kuomo’s SAFE Act and the sort, but I personally think the disguised gun laws are reasonable…
“Disguised gun” means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive and is designed and intended to appear to be something other than a gun.
*Here is the exact statute reference the mere POSSESSION (no intent required) of a disguised gun:
A person is guilty of criminal possession of a weapon in the third degree when:
(6) Such person knowingly possesses any disguised gun; or
Criminal possession of a weapon in the third degree is a class D felony.
*And, here’s the exact statute reference to the POSSESSION of a disguised gun: (added by me- please note that INTENT IS necessary…)
A person is guilty of criminal possession of a weapon in the second degree when:
(1) with intent to use the same unlawfully against another, such person:
(c) possesses a disguised gun; or
Criminal possession of a weapon in the second degree is a class C felony.
*And, here’s the exact statute on the MANUFACTURE and/or TRANSPORT of a disguised gun:
1. Any person who manufactures or causes to be manufactured any machine-gun, assault weapon, large capacity ammunition feeding device or disguised gun is guilty of a class D felony.
2. Any person who transports or ships any machine-gun, firearm silencer, assault weapon or large capacity ammunition feeding device or disguised gun, or who transports or ships as merchandise five or more firearms, is guilty of a class D felony.
Having been a long time county LEO here in NYS, and having been personally involved and/or associated with many cases and crimes involving the possession of weapons, it is clear to me that the intent of this legislation and law is to prosecute individuals who clearly and indisputably “disguise” guns for unlawful reasons; not those of us who individually customize guns, be it Cerakote or other means. I certainly don’t favor laws such as Kuomo’s SAFE Act and the sort, but I personally think the disguised gun laws are reasonable…
Similar threads
- Locked
