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Gun Laws and Restrictions on Long Island

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  • 11-07-2008, 12:21 PM
    joe4345
    Gun Laws and Restrictions on Long Island
    My question involves criminal law for the state of: New York

    Nassau and/or Suffolk counties specifically.

    I am trying to start a local activity that involves firing BLANK ammunition from a handgun. It would be a local club chartered under a national organization (NRA affiliated, insurance provided, etc.) It is very similar to Civil War re-enacting (which seems to be legal here - or at least allowed), only we do it from horseback.

    What I am trying to determine is if there are any legal roadblocks to overcome. I know that New York State prohibits discharge of a weapon within a certain number of feet from a residence/dwelling. Some localities also have an ordinance increasing that distance or banning discharge entirely. We would certainly be observing all those laws/regulations.

    I have asked the police department. They claim to not know the answer. They ended up telling me to consult a lawyer. Sound kind of odd to me - the police, if so inclined, would be the ones to decide to enforce any law on the topic, or just shut down the event for any reason they could find (disturbing the peace, etc.). I wasn't looking for an answer as to if the cops shutting down the event would hold up in court - only if the cops would believe they have cause or reason to stop the activity.

    I am not looking to prove a point in a courtroom (or lose a point). All I am trying to figure out is if the activity is legal or if it is possible to make it legal so the police would NOT have a problem with it. It would be very bad to get dozens of people and horses together for an event, only to have the police (or SWAT team!) descend on us and shut us down (or, worse, confiscate pistols and/or arrest people).

    Any ideas?
  • 11-07-2008, 05:34 PM
    M'sta Mikey
    Re: Gun Laws and Restrictions on Long Island
    An option might be to contact the District Attorney's office with your question. If they won't answer then yes, definitely consult with an attorney before you begin your event. You don't want the SWAT team lowering the boom on your group for illegal activity. It could put you AND the participants at risk of criminal charges.

    If it's NRA affiliated, who they be willing to have one of their attorneys investigate the legality of your plans?
  • 11-10-2008, 01:30 PM
    joe4345
    Re: Gun Laws and Restrictions on Long Island
    I checked with a local NRA rep I met at a gun show. His response was "that sounds interesting. Good luck." He didn't seem interested in helping pursue or point me in the right direction.

    I was also thinking that a DA is the best way to go. My feeling is that a lawyer will not provide any meaningful help, unless the answer is clearly "no." As far as I can tell, what I want to do is perfectly legal. There is no specific law I can find which prohibits it. A lawyer will probably tell me the same thing. None of that will stop a zealous officer that just sees "people with guns" from stopping the event in progress. I doubt he would accept "but I checked with a lawyer, and he said it was OK."

    My goal was to get someone from the police to tell me yes or no, so we would all go into this (or not) on the same page. I still find it odd that the police can/will not tell confirm if what I want to do it legal. If no one at police HQ claims to know the answer, how can I expect an officer on the street to? I guess the DA is the only way to get an "official" answer on the topic.
  • 11-10-2008, 08:34 PM
    M'sta Mikey
    Re: Gun Laws and Restrictions on Long Island
    If you can get the DA's affirmation (in your favor) in writing, that leaves nothing to question. If LEO were to question and order your gathering to cease, or to hold your members criminally liable, then the city would have a battle with the prosecutors office, not with you.
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