ARMY PCS'ing

[JWA187]

I am currently serving in the Army and I am on orders to PCS to Fort Drum, I am wondering if anyone out there knows about the rules of taking my suppresor to NEW YORK? I am in a NFA friendly state right now, so is there anything special i need to do before i go. Thanks for any info.

[Blaubart]

Welcome to the site and thanks for your service!

I seem to remember silencers are not legal in NY state. A quick search on Google turns up quite a few pages that confirm that, but I can't find the actual NY law that spells it out. I'm sure someone else will be able to...

[Blaubart]

http://www.atf.gov/publications/downloa ... 5300-5.pdf

Here's the ATF's collection of state laws as they pertain to firearms. New York's state laws start on page 305 and go through 315. Laws for various cities in NY start on 315 and go through 332.

There are a few sections in the state code that pertain to silencers.

Definition of a Silencer in NY:

2. "Firearm silencer" means any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.

Restrictions:

265.02. Criminal possession of a weapon in the third degree. A person is guilty of criminal possession of a weapon in the third degree when:

(2) Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use;

Some state laws provide that proper registration/approval of an NFA item with the ATF is an affirmative defense to prosecution for possession, but I don't see that anywhere. I'd read all the laws carefully before moving. Because there's other gems in there about having a loaded gun, or even having more than three guns in your possession...

(4) Such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven, constitute a violation of this section if such possession takes place in such person's home or place of business; or
(5)(i) Such person possesses three or more firearms;

s--t like this is why I didn't start collecting guns until I got out of the Army...

[eastern_hunter]

The www.guntrustlawyer.com site show that you cannot possess a can (or pretty much anything else NFA) in New York.

You may have to put them in a bank safety deposit box in your current state.

Is surely a hassle!

[jnitti1014]

What is your MOS? If it is a law enforcement position, you are good to go as long as you are employed as a LEO. The NYS firearms laws, by statute, do not apply to LEO'S.

[JWA187]

Thanks for the quick replys, i guess i will keep reading up on the info and prepare to get my safety deposit box paid up for a while.

[tsands974]

Thanks for the quick replys, i guess i will keep reading up on the info and prepare to get my safety deposit box paid up for a while.

Hopefully you won't get stuck in the shithole that is Ft. Drum for too long... Good luck

[Bendersquint]

What is your MOS? If it is a law enforcement position, you are good to go as long as you are employed as a LEO. The NYS firearms laws, by statute, do not apply to LEO'S.

Military police do not qualify in the state of New York as LEO's in regards to that exemption. They are classified as military personnel. They have no arresting authority in the State or Cities in New York only on the military reservation.

I have 3 soldier customers that are in an LEO capacity in New York that have had to store all their NFA out of state.

Besides the fact that the base commander would have to sign off on storing the items on base.

[jnitti1014]

What is your MOS? If it is a law enforcement position, you are good to go as long as you are employed as a LEO. The NYS firearms laws, by statute, do not apply to LEO'S.

Military police do not qualify in the state of New York as LEO's in regards to that exemption. They are classified as military personnel. They have no arresting authority in the State or Cities in New York only on the military reservation.

I have 3 soldier customers that are in an LEO capacity in New York that have had to store all their NFA out of state.

Besides the fact that the base commander would have to sign off on storing the items on base.

I did not know that! Sorry I almost gave you bad advice. How far from pa will you be?

[nice shot]

Thanks for the quick replys, i guess i will keep reading up on the info and prepare to get my safety deposit box paid up for a while.

Hopefully you won't get stuck in the shithole that is Ft. Drum for too long... Good luck

Im not insisting you do something illegal, but would it hurt to keep your property safely locked up in your personal safe. . . keep a tight lid on no one knowing you have it?

Unless you plan on doing something crazy I dont plan on the gov finding an object as small as that. . .

[ick]

Im not insisting you do something illegal, but would it hurt to keep your property safely locked up in your personal safe. . . keep a tight lid on no one knowing you have it?

Unless you plan on doing something crazy I dont plan on the gov finding an object as small as that. . .

...until it ends up missing or stolen... and then you have to explain what you had and where to the police or other authorities on top of being enraged that someone stole your stuff. I guess you could always not report the theft but then what happens if it turns up at some crime scene and you have to explain how an illegal item of yours ended up on the streets of NYC.

I say out of state lock box is the only viable alternative. You have too much to lose otherwise, probably including your military career if the facts of your choices become public.

[JWA187]

11B, So i guess having over 11 years in i do have to much to loose, i guess it will be staying out of state, some where secure. Thanks for making my first experience on this forum great. I look forward to learning alot from this website.

[Bendersquint]

Im not insisting you do something illegal, but would it hurt to keep your property safely locked up in your personal safe. . . keep a tight lid on no one knowing you have it?

Unless you plan on doing something crazy I dont plan on the gov finding an object as small as that. . .

...until it ends up missing or stolen... and then you have to explain what you had and where to the police or other authorities on top of being enraged that someone stole your stuff. I guess you could always not report the theft but then what happens if it turns up at some crime scene and you have to explain how an illegal item of yours ended up on the streets of NYC.

I say out of state lock box is the only viable alternative. You have too much to lose otherwise, probably including your military career if the facts of your choices become public.

Don't forget the Federal and State charges that will be brought up on him. At the least he would never be able to own firearms again. That right there should be the cost of a lockbox in a friendly states bank.

NICE SHOT - You are still advocating felony activities and activities that could land him in prison, dishonorable discharge from the military etc... This isn't even bringing up the Federal requirement that you notify the ATF on where it is stored at all times.

[Blaubart]

Good decision JWA187.

What some people also don't realize is that soldiers don't have many rights that don't routinely get trampled. For example, anyone entering a military installation is subject to search. Probable cause? What's that?

When I lived in Fort Lewis, all of the soldiers in our section had our quarters searched pretty thoroughly when a laptop came up missing from our unit. They looked in every place that could possibly hide a laptop. They started with our vehicles, and moved on to our houses. Sure, a silencer is a little smaller than a laptop, so they might not have looked in some places where a laptop wouldn't fit but a silencer would. But what it it was something smaller, but more valuable/sensitive that came up missing, or what if you had your silencer hid in your gun safe?

Yeah, not worth the risk...

[nice shot]

Im not insisting you do something illegal, but would it hurt to keep your property safely locked up in your personal safe. . . keep a tight lid on no one knowing you have it?

Unless you plan on doing something crazy I dont plan on the gov finding an object as small as that. . .

Don't forget the Federal and State charges that will be brought up on him. At the least he would never be able to own firearms again. That right there should be the cost of a lockbox in a friendly states bank.

NICE SHOT - You are still advocating felony activities and activities that could land him in prison, dishonorable discharge from the military etc... This isn't even bringing up the Federal requirement that you notify the ATF on where it is stored at all times.

Woulda, coulda, shoulda. . . Anything I say to this is just gonna turn into a huge internet argument and all sorts of drama. Thanks for making my statement into a nice big fat accusation. Means a lot to me.

To the original poster, honestly, in the end, you need to do what you feel is best for your situation. End of the subject. Its your choice, your property and your responsibility, you need to be the one to do whats best for you. Aside from the "advocating" thanks for the last 11 years of your life, as a vet, I appreciate it. Welcome to the forum.

[continuity]

...Im not insisting you do something illegal, but would it hurt to keep your property safely locked up in your personal safe. . . keep a tight lid on no one knowing you have it?

Unless you plan on doing something crazy I dont plan on the gov finding an object as small as that. . .

It would be...wait for it.. ILLEGAL!!! Please... bad karma to imply such behavior might be an option.

[eastern_hunter]

Being in the military and moving about does have its many downsides. We thank you for your service!

Good to establish a permanent residence in a state allowing possession. Do your auto registrations and driver's licensing there. Might be worth also creating an NFA trust in that state.

Then you can do your acquisitions in the state of permanent residence without intervention of the CLEO and legally store the toys in a safety deposit box there.

One does not play games with the NFA.

[Historian]

Consider paying for 5 years in advance for the box in case you
are not at a location to receive the yearly fee notice.
And place someone you trust on the access list.

You do not want your box opened because your payment
was not paid due to the bank's sending the notice to the
wrong location. Happened to friend who travelled the world
when mail did not keep up.

Thank you for your Service to our wonderful country.

[David Hineline]

Keep in mind you can store anywhere as long as the person who has it does not have access. so friend/family location in a lock box that you have combination to is fine.