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Old 07-20-2009, 19:13   #16
Cody Jarrett
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Join Date: Sep 2006
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Quote:
Originally Posted by moga View Post
I did not intend to imply that any type of ammunition is prohibited. Just that if you don't have a permit and your found with ammo on you that you'd be arrested. Why would a person without a permit have ammunition on their person unless they skirted NYS PL270.00(4)? Strangely, you've been nice enough to supply the appropriate code section that would support this assertion right after you dinged my comment as being a falsehood.

?

What ever. I'm certainly not an expert on NYS Penal Code and since I don't live in NYS any longer I really don't worry about such nanny state matters.
Didn't mean to be nit-picky. Unfortunately I have to teach this stuff.

PL 270.00(4) allows for the sale of ALL ammunition regardless of type while PL 270.00(5) limits the SALE not POSSESSION of pistol specific ammo. The person in trouble is the dealer (seller) not the purchaser. Now pistol specific ammo includes ammo that can only be fired in a pistol. If the ammo can also be fired in any rifle or long gun, the sale is not considered illegal. So if you have a rifle that shoots .38 cal and a pistol that shoots .38 cal the purchase is legal without a license. Some dealers ask to see a manual for the rifle as proof (Walmart) - that's a little bit much. However, there is nothing in the law that prohibits the mere possession of pistol specific ammo. A quick check of NY caselaw will further show that no one has ever been convicted for the possession of pistol ammo as there is no criminal statute preventing its possession. I looked back as far as 1906.

What I do find bad is that every year I go to the gun show in Middletown, NY where I watch gang-bangers buying .45 cal ammo by the thousand round case directly under the nose of the NYS Troopers. When questioned they tell me they're powerless to stop it.

I don't know where your from but as far as a "nanny state" you need to check a little closer. In NY we legally carry concealed in bars, restaurants, public transportation, buses, trains, parks, city limits, municiple buildings, hospitals and pretty much anywhere else... unmolested. We're not required to advise a LEO we're carrying when pulled over and I've never seen a sign prohibiting the carry of a weapon in twenty years of shooting.

Can't compare this to NY City though. In the city the treat you like a criminal for owning a BB gun.

Last edited by Cody Jarrett; 07-20-2009 at 19:16..
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