new york auto laws

[anvilarms]

whats the exemption on autos in new york state. i was told that police military and emergency workers are exempt but i cant find it in the code. any ideas

 

[lifter4Him]

I dont know the code but I'm pretty sure they can only carry autos when they are on duty and only if they have specific permission from their unit commander.

 

[The Deacon]

Well, the law as it is written says:

(Section 265.01 is the section that prohibits possession of, among other things, an automatic knife)

Section 265.20 Exemptions

a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to:

1. Possession of any of the weapons, instruments, appliances or substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05 and 270.05 by the following:

(a) Persons in the military service of the state of New York when duly authorized by regulations issued by the adjutant general to possess the same.

(b) Police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law.

(c) Peace officers as defined by section 2.10 of the criminal procedure law.

(d) Persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regulation or order to possess the same.

(e) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the same is necessary for manufacture, transport, installation and testing under the requirements of such contract.

I can also say that it is the "unofficial" opinion of at least some within the NYS legal community that these exemptions only apply if the item in question was purchased and issued by the agency, and that any sales to any individuals are not covered (rough translation is that they've never had to prosecute a cop or firefighter for a violation, but if they were asked to they would do so with vigor).

On the other hand, since the enforcement of this, as most other laws, falls to members police department, I suspect a much more liberal attitude toward possession by a fellow officer might be the reality on the street and that that attitude might extend to firefighters as well (possibly the reason no enforcement action has ever been brought).

Be sure to take anything you hear regarding who in NYS can legally purchase an auto from a dealer outside of NYS with a very LARGE grain of salt. I was told by one that, because I am employed by a state government agency, it was perfectly legal for me to purchase one from them. Yeah, right, they might be off the hook in their state, but I'd be swinging in the breeze here.