The following alert was released by the Westchester County Firearm Owners Association. My comments follow it.
Westchester County Firearm Owners Association, Inc.
PO Box 91
Rye Brook, NY 10573
E-mail: WCFOA@worldnet.att.net
Phone: (914) 273-0244
FAX: (914) 664-4337
WESTCHESTER COUNTY SAFE STORAGE LAW UPDATE
The law as enacted states that firearms must be safely stored when not in the “immediate possession” of the gun owner. Basically, this means that the guns must be locked when not in your immediate reach. The first offense is a violation. The second offense is a MISDEMEANOR, which, under the Lautenberg law means the loss of firearms rights for LIFE. The range exemption issue is still unresolved. This is a serious problem for every firearm range and club. Here are more facts:
As written, the law requires that guns must be locked away from “unauthorized persons” everywhere. This includes ranges and clubs! The County refused to include a range/club exemption.
The gun must be in the “immediate possession” of the gun owner, or a “guardian” appointed by the gun owner to supervise the “unlocked” firearms to prevent “unauthorized” persons from touching the gun(s).
There is no exemption in the law which allows breaking down a firearm or removing parts to render the firearm inoperable. You must use a “guardian”, a trigger lock, lockable cabinet, or a gun case with a working lock at all times. Doing otherwise is a violation of the law.
A range or club guest could report violations to authorities, who would be required to investigate.
The issue of adult supervision of youth training is also unresolved, making the youth training required for hunter safety and youth sports activities problematic.
All of this means that everyday gun owners participating in lawful activities at their clubs and ranges are liable to arrest under this law. ANY firearm can be the one that causes an arrest.
IGNORANCE OF THE LAW IS NOT A DEFENSE.
W.C.F.O.A. will continue to fight the unreasonable provisions of this and any other new legislation that is proposed. There are legal challenges that can be made which will strike part or all of legally questionable laws such as the Safe Storage law. But to continue to protect and defend the rights of responsible gun owners, W.C.F.O.A. needs the help of ALL gun owners to raise the funds to go into court and seek to defeat these infringing acts. Please send donations to “W.C.F.O.A. Legal Fund”, c/o W.C.F.O.A., PO Box 91, Rye Brook, NY 10573. If allowed to stand, these laws will remove our right to lawful gun ownership!
PLEASE POST AND DISTRIBUTE THIS TO ALL GUN OWNERS
Here are my comments on this post:
This is NOT a bill - this is CURRENT LAW.
All gun owners in Westchester County, NY need to know about this. It effects ALL gun owners, ALL types of guns (handguns, shotguns, and rifles), ALL the guns they already own, and ALL the guns they buy in the future.
Don’t forget that ALL firearm sales, PRIVATE SALES and those through DEALERS, must include “a safety locking device that is capable of preventing that particular weapon from firing” and “a copy of the following warning in conspicuous and legible 24 pt. type on 8 1/2” x 11” paper stating in bold print the following warning:”
WARNING
RESPONSIBLE FIREARM STORAGE IS THE LAW IN WESTCHESTER. FIREARMS MUST BE STORED WITH A SAFETY LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE OR BOTH.
If you privately sold anyone a gun in Westchester since June 2000 and didn’t give them a “safety locking device” and hand them a copy of the above warning in the appropriate size and font, YOU ARE GUILTY of violating section 527.51 and face up to 15 days in prison, a fine up to $250, or both.
If you did this more than once, YOU ARE GUILTY of a MISDEMEANOR and face up to 30 days in prison, a fine up to $500, or both.
However, I do not agree with the above WCFOA alert that Lautenberg law of 1996 prevents individuals guilty of this type of misdemeanor from owning firearms for life. All of the things I’ve read on the Lautenberg law (including the GOA’s analysis at http://www.gunowners.org/fs9714.htm) state that only people convicted of domestic violence misdemeanors are prohibited. I’ll discuss this with the legal advisors at the WCFOA and let you all know what I find out.
Westchester County Firearm Owners Association, Inc.
PO Box 91
Rye Brook, NY 10573
E-mail: WCFOA@worldnet.att.net
Phone: (914) 273-0244
FAX: (914) 664-4337
WESTCHESTER COUNTY SAFE STORAGE LAW UPDATE
The law as enacted states that firearms must be safely stored when not in the “immediate possession” of the gun owner. Basically, this means that the guns must be locked when not in your immediate reach. The first offense is a violation. The second offense is a MISDEMEANOR, which, under the Lautenberg law means the loss of firearms rights for LIFE. The range exemption issue is still unresolved. This is a serious problem for every firearm range and club. Here are more facts:
As written, the law requires that guns must be locked away from “unauthorized persons” everywhere. This includes ranges and clubs! The County refused to include a range/club exemption.
The gun must be in the “immediate possession” of the gun owner, or a “guardian” appointed by the gun owner to supervise the “unlocked” firearms to prevent “unauthorized” persons from touching the gun(s).
There is no exemption in the law which allows breaking down a firearm or removing parts to render the firearm inoperable. You must use a “guardian”, a trigger lock, lockable cabinet, or a gun case with a working lock at all times. Doing otherwise is a violation of the law.
A range or club guest could report violations to authorities, who would be required to investigate.
The issue of adult supervision of youth training is also unresolved, making the youth training required for hunter safety and youth sports activities problematic.
All of this means that everyday gun owners participating in lawful activities at their clubs and ranges are liable to arrest under this law. ANY firearm can be the one that causes an arrest.
IGNORANCE OF THE LAW IS NOT A DEFENSE.
W.C.F.O.A. will continue to fight the unreasonable provisions of this and any other new legislation that is proposed. There are legal challenges that can be made which will strike part or all of legally questionable laws such as the Safe Storage law. But to continue to protect and defend the rights of responsible gun owners, W.C.F.O.A. needs the help of ALL gun owners to raise the funds to go into court and seek to defeat these infringing acts. Please send donations to “W.C.F.O.A. Legal Fund”, c/o W.C.F.O.A., PO Box 91, Rye Brook, NY 10573. If allowed to stand, these laws will remove our right to lawful gun ownership!
PLEASE POST AND DISTRIBUTE THIS TO ALL GUN OWNERS
Here are my comments on this post:
This is NOT a bill - this is CURRENT LAW.
All gun owners in Westchester County, NY need to know about this. It effects ALL gun owners, ALL types of guns (handguns, shotguns, and rifles), ALL the guns they already own, and ALL the guns they buy in the future.
Don’t forget that ALL firearm sales, PRIVATE SALES and those through DEALERS, must include “a safety locking device that is capable of preventing that particular weapon from firing” and “a copy of the following warning in conspicuous and legible 24 pt. type on 8 1/2” x 11” paper stating in bold print the following warning:”
WARNING
RESPONSIBLE FIREARM STORAGE IS THE LAW IN WESTCHESTER. FIREARMS MUST BE STORED WITH A SAFETY LOCKING DEVICE OR IN A SAFE STORAGE DEPOSITORY. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION SEPARATE FROM AMMUNITION. LEAVING FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSON MAY SUBJECT YOU TO IMPRISONMENT, FINE OR BOTH.
If you privately sold anyone a gun in Westchester since June 2000 and didn’t give them a “safety locking device” and hand them a copy of the above warning in the appropriate size and font, YOU ARE GUILTY of violating section 527.51 and face up to 15 days in prison, a fine up to $250, or both.
If you did this more than once, YOU ARE GUILTY of a MISDEMEANOR and face up to 30 days in prison, a fine up to $500, or both.
However, I do not agree with the above WCFOA alert that Lautenberg law of 1996 prevents individuals guilty of this type of misdemeanor from owning firearms for life. All of the things I’ve read on the Lautenberg law (including the GOA’s analysis at http://www.gunowners.org/fs9714.htm) state that only people convicted of domestic violence misdemeanors are prohibited. I’ll discuss this with the legal advisors at the WCFOA and let you all know what I find out.