Huh? Illegal possession in a vehicle is OK?

MuttCat

MuttCat

.223 Rem
Messages
1,068
Reaction score
1,169
Location
Scary County
Stopped by the county pistol office yesterday to see about this semi auto rifle endorsement bs. The clerk was out in the hallway speaking with a woman and her hubby about handgun possession in a vehicle. The woman was going on and on about keeping a handgun concealed while driving and secure storage when leaving the vehicle. Then she said she locks up her handgun even if her husband stays in the vehicle. I chimed in that would be unnecessary as long as there’s an adult in the car. Not true she says, he’s unlicensed. I said, well just this morning I read it's OK. The clerk was unsure.

Now I know what illegal possession is, but get this from the NYSP…Issued August 27, 2022

Safe Handling and Storage Law Changes

Q29) How does the new law impact transporting guns in a vehicle?

A) Effective September 1, 2022, if you leave your gun unattended in a vehicle, it must be unloaded and locked in a fire, impact, and tamper resistant storage depository that is hidden from view. Glove compartments and glove boxes are not appropriate safe storage depositories. A plastic or aluminum, lockable, hard-sided, gun case or safe will storage depositories. A plastic or aluminum, lockable, hard-sided, gun case or safe will storage depositories. A plastic or aluminum, lockable, hard-sided, gun case or safe will suffice for this purpose.

If an adult remains with the vehicle to ensure security, a case or safe is not required. To prevent theft and ensure safety, it is always recommended that firearms be secured during transport.

Local rules for traveling with firearms also apply and may be more restrictive. For example, New York City requires that all guns be unloaded, in a case, and out of sight, even when you are with the vehicle (Penal Law § 265.45).

So, what does FAQ#29 say? (adult, licensed or not?)
 
Last edited:
spat

spat

.950 JDJ
Messages
30,318
Reaction score
64,068
Location
Formerly Geneseo, NY. Now free in AZ
MuttCat said:
Stopped by the county pistol office yesterday to see about this semi auto rifle endorsement bs. The clerk was out in the hallway speaking with a woman and her hubby about handgun possession in a vehicle. The woman was going on and on about keeping a handgun concealed while driving and secure storage when leaving the vehicle. Then she said she locks up her handgun even if her husband stays in the vehicle. I chimed that would in and said that was unnecessary as long as there’s an adult in the car. Not true she says, he’s unlicensed. I said, well just this morning I read its OK. The clerk was unsure.

Now I know what illegal possession is, but get this from the NYSP…Issued August 27, 2022

Safe Handling and Storage Law Changes

Q29) How does the new law impact transporting guns in a vehicle?

A) Effective September 1, 2022, if you leave your gun unattended in a vehicle, it must be unloaded and locked in a fire, impact, and tamper resistant storage depository that is hidden from view. Glove compartments and glove boxes are not appropriate safe storage depositories. A plastic or aluminum, lockable, hard-sided, gun case or safe will storage depositories. A plastic or aluminum, lockable, hard-sided, gun case or safe will storage depositories. A plastic or aluminum, lockable, hard-sided, gun case or safe will suffice for this purpose.

If an adult remains with the vehicle to ensure security, a case or safe is not required. To prevent theft and ensure safety, it is always recommended that firearms be secured during transport.

Local rules for traveling with firearms also apply and may be more restrictive. For example, New York City requires that all guns be unloaded, in a case, and out of sight, even when you are with the vehicle (Penal Law § 265.45).

So, what does FAQ#29 say?
Click to expand...
NY law says that if a gun is found in a vehicle, and nobody present possesses a license, then it is presumed to be possessed by everyone in the vehicle.

So, he would be in illegal possession of the gun.

It's not even clear he would be OK if it were locked up unless he didn't have a key.

From NY PL 275.15 section 3

3. The presence in an automobile, other than a stolen one or a public omnibus, of any firearm, large capacity ammunition feeding device, defaced firearm, defaced rifle or shotgun, defaced large capacity ammunition feeding device, firearm silencer, explosive or incendiary bomb, bombshell, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, dirk, stiletto, billy, blackjack, plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is presumptive evidence of its possession by all persons occupying such automobile at the time such weapon, instrument or appliance is found, except under the following circumstances:  (a) if such weapon, instrument or appliance is found upon the person of one of the occupants therein;  (b) if such weapon, instrument or appliance is found in an automobile which is being operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his or her trade, then such presumption shall not apply to the driver;  or (c) if the weapon so found is a pistol or revolver and one of the occupants, not present under duress, has in his or her possession a valid license to have and carry concealed the same.
Click to expand...
 
Grimscale

Grimscale

.338 Win Mag
Messages
8,088
Reaction score
15,823
Location
Rochester
gotta love that whole "presumed guilty" part of a law. Certainly makes it well known what NY tyrants think of us citizens.

And what's up with this:
MuttCat said:
A plastic or aluminum, lockable, hard-sided, gun case or safe will storage depositories. A plastic or aluminum, lockable, hard-sided, gun case or safe will storage depositories.
Click to expand...
If that is really from the NYSP it goes a long way to explaining why they are willing to be the gestapo for heil hochul (and Monkeyface Partytits before her).
 
Saltwater60

Saltwater60

20×102mm Vulcan
Messages
36,416
Reaction score
40,802
Location
Western NY
The entire statement contradicts itself. It’s says glove boxes aren’t ok but hard sided plastic lockable containers are. My glove box locks and is hard sided so why not? What about my hard sided lockable center console? I don’t care because I have a metal lock box in my truck but I see your point.
I agree it’s illegal to leave a gun accessible to someone without a pistol permit in a vehicle but this is interesting because it’s not in a home if they are over 18 and not a prohibited person.
 
Saltwater60

Saltwater60

20×102mm Vulcan
Messages
36,416
Reaction score
40,802
Location
Western NY
jimc said:
Anyone know where you can buy a fireproof plastic lock box?
Click to expand...
It’s not fire proof it’s fire resistant. What does resistant mean? This is the meaning, offering resistance to something or someone.
Really that could be anything with the exception of a glove box apparently
 
T

Truebeliever

6.5 Creedmoor
Messages
2,490
Reaction score
1,622
Location
Nys
Best advice, suggest she get a 30 dollar metal cable lock box for the car.
She can lock the box with gun in it. They would need a warrant for the box if it ever became an issue and the husband would not have “ control” over the gun anyway.
 
F

fresch

.338 Win Mag
Messages
8,480
Reaction score
11,268
Location
Syracuse
Speaking of lock boxes, what happened to social security that clinton/gore were going to "lock box", that didn't work.
 
Cooolone

Cooolone

.338 Win Mag
Messages
6,295
Reaction score
9,750
Location
NY, USA
Where and what section of what law prescribes this action for vehicle storage? If it's the CCIA then it's invalid as the LAW itself is unconstitutional!

Didn't Heller clarify having a firearm stored for "use" as a means of Defense? Unloaded, locked up defeats this purpose. And yes, it was about the "home" but I'll accept the vehicle as an extension of the "Home"... Precedent exists for this, especially during the Depression when millions lived in their vehicles!

Anyways... It gets real simple!

Fuck NY! Lol

Counting the days... (Till I'm outta here)
 
You must log in or register to reply here.
Top