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Slingshot in car = illegal in NY?


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#1 Tmart

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Posted 01 February 2010 - 06:39 PM


I was on a mission to find out if a slingshot in my pocket was considered a concealed weapon in NY when i ran across the following laws. Reading the first portion you see where just the wrist-brace type slingshot is illegal. But look down to § 265.15 #3 - They state that if you are in a car with a "slungshot" ( they do not mention the wrist-brace on this part ) then it is against the law... Anyone here a lawyer or just good at interpreting law? It seems to me that since it doesn't say wrist-brace a cop could arrest me if he found a regular old slingshot in my car, but if I'm not in a car I am safe somehow?



§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type
slingshot or slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or


§ 265.15 Presumptions of possession, unlawful intent and defacement.
1. The presence in any room, dwelling, structure or vehicle of any
machine-gun is presumptive evidence of its unlawful possession by all
persons occupying the place where such machine-gun is found.
2. The presence in any stolen vehicle of any weapon, instrument,
appliance or substance specified in sections 265.01, 265.02, 265.03,
265.04 and 265.05 is presumptive evidence of its possession by all
persons occupying such vehicle at the time such weapon, instrument,
appliance or substance is found.
3. The presence in an automobile, other than a stolen one or a public
omnibus, of any firearm, large capacity ammunition feeding device,
defaced firearm, defaced rifle or shotgun, defaced large capacity
ammunition feeding device, firearm silencer, explosive or incendiary
bomb, bombshell, gravity knife, switchblade knife, pilum ballistic
knife, metal knuckle knife, dagger, dirk, stiletto, billy, blackjack,
plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub or
slungshot is presumptive evidence of its possession by all persons
occupying such automobile at the time such weapon, instrument or
appliance is found, except under the following circumstances: (a) if
such weapon, instrument or appliance is found upon the person of one of
the occupants therein; (B) if such weapon, instrument or appliance is
found in an automobile which is being operated for hire by a duly
licensed driver in the due, lawful and proper pursuit of his or her
trade, then such presumption shall not apply to the driver; or © if
the weapon so found is a pistol or revolver and one of the occupants,
not present under duress, has in his or her possession a valid license
to have and carry concealed the same

#2 Tmart

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Posted 01 February 2010 - 07:19 PM

Nevermind! :lol: It turns out that slungshot isn't a mispelling it's an actual weapon that has nothing to do with a slingshot. Check this out if you're interested http://en.wikipedia.org/wiki/Slungshot


and since they don't mention slingshot at all in the second half I think I am safe!


edit - just came across even more interesting info. Slingshots might not even really be illegal in NY. It turns out that these slungshots were actually referred to as slingshots.

-"They were also known as "slingshots," but had nothing to do with what is now known as a slingshot. Many jurisdictions' laws against "slingshots" were actually meant to refer to slungshots."

Seeing in the penal code that they didn't put a comma between slingshot and slungshot it would lead me to believe that our modern day slingshots actually are legal here in NY.

Anyone else wanna weigh in on this?

#3 Sarge

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Posted 01 February 2010 - 08:53 PM

It is so hard for me to believe that a wrist braced slingshot would be illegal. It seems absolutely ridiculous to me. There are some places in Australia that any slingshot is illegal. Am I the only one that sees no sense in these type of laws?

#4 Bugar

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Posted 02 February 2010 - 12:33 PM

(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or
********************************************************
What I underlined is what i make of it=> WITH INTENT <=








I was on a mission to find out if a slingshot in my pocket was considered a concealed weapon in NY when i ran across the following laws. Reading the first portion you see where just the wrist-brace type slingshot is illegal. But look down to § 265.15 #3 - They state that if you are in a car with a "slungshot" ( they do not mention the wrist-brace on this part ) then it is against the law... Anyone here a lawyer or just good at interpreting law? It seems to me that since it doesn't say wrist-brace a cop could arrest me if he found a regular old slingshot in my car, but if I'm not in a car I am safe somehow?



§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type
slingshot or slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or


§ 265.15 Presumptions of possession, unlawful intent and defacement.
1. The presence in any room, dwelling, structure or vehicle of any
machine-gun is presumptive evidence of its unlawful possession by all
persons occupying the place where such machine-gun is found.
2. The presence in any stolen vehicle of any weapon, instrument,
appliance or substance specified in sections 265.01, 265.02, 265.03,
265.04 and 265.05 is presumptive evidence of its possession by all
persons occupying such vehicle at the time such weapon, instrument,
appliance or substance is found.
3. The presence in an automobile, other than a stolen one or a public
omnibus, of any firearm, large capacity ammunition feeding device,
defaced firearm, defaced rifle or shotgun, defaced large capacity
ammunition feeding device, firearm silencer, explosive or incendiary
bomb, bombshell, gravity knife, switchblade knife, pilum ballistic
knife, metal knuckle knife, dagger, dirk, stiletto, billy, blackjack,
plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub or
slungshot is presumptive evidence of its possession by all persons
occupying such automobile at the time such weapon, instrument or
appliance is found, except under the following circumstances: (a) if
such weapon, instrument or appliance is found upon the person of one of
the occupants therein; (B) if such weapon, instrument or appliance is
found in an automobile which is being operated for hire by a duly
licensed driver in the due, lawful and proper pursuit of his or her
trade, then such presumption shall not apply to the driver; or © if
the weapon so found is a pistol or revolver and one of the occupants,
not present under duress, has in his or her possession a valid license
to have and carry concealed the same



#5 dgui

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Posted 02 February 2010 - 01:44 PM

I was on a mission to find out if a slingshot in my pocket was considered a concealed weapon in NY when i ran across the following laws. Reading the first portion you see where just the wrist-brace type slingshot is illegal. But look down to § 265.15 #3 - They state that if you are in a car with a "slungshot" ( they do not mention the wrist-brace on this part ) then it is against the law... Anyone here a lawyer or just good at interpreting law? It seems to me that since it doesn't say wrist-brace a cop could arrest me if he found a regular old slingshot in my car, but if I'm not in a car I am safe somehow?



§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type
slingshot or slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or


§ 265.15 Presumptions of possession, unlawful intent and defacement.
1. The presence in any room, dwelling, structure or vehicle of any
machine-gun is presumptive evidence of its unlawful possession by all
persons occupying the place where such machine-gun is found.
2. The presence in any stolen vehicle of any weapon, instrument,
appliance or substance specified in sections 265.01, 265.02, 265.03,
265.04 and 265.05 is presumptive evidence of its possession by all
persons occupying such vehicle at the time such weapon, instrument,
appliance or substance is found.
3. The presence in an automobile, other than a stolen one or a public
omnibus, of any firearm, large capacity ammunition feeding device,
defaced firearm, defaced rifle or shotgun, defaced large capacity
ammunition feeding device, firearm silencer, explosive or incendiary
bomb, bombshell, gravity knife, switchblade knife, pilum ballistic
knife, metal knuckle knife, dagger, dirk, stiletto, billy, blackjack,
plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub or
slungshot is presumptive evidence of its possession by all persons
occupying such automobile at the time such weapon, instrument or
appliance is found, except under the following circumstances: (a) if
such weapon, instrument or appliance is found upon the person of one of
the occupants therein; (Posted Image if such weapon, instrument or appliance is
found in an automobile which is being operated for hire by a duly
licensed driver in the due, lawful and proper pursuit of his or her
trade, then such presumption shall not apply to the driver; or © if
the weapon so found is a pistol or revolver and one of the occupants,
not present under duress, has in his or her possession a valid license
to have and carry concealed the same



Way too many laws on the books, who can keep up with it all. Everthing has to be spelled out. No spitting on sidewalk, Nor farting in public, oh oh, im in trouble just this morning I thinned the crowd out in Walmart at the checkout by releasing a silent one.

#6 EHS SLINGSHOTS

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Posted 09 March 2012 - 03:55 PM

Thanks for that information.

#7 Iryman

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Posted 09 March 2012 - 04:05 PM

hmmm interesting for sure. I think if any of the other members, anywhere in the world, are involved in law practice and legal work, it would be good to know exactly where we all stand in this matter ;)

#8 JLS:Survival

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Posted 09 March 2012 - 04:16 PM

I was on a mission to find out if a slingshot in my pocket was considered a concealed weapon in NY when i ran across the following laws. Reading the first portion you see where just the wrist-brace type slingshot is illegal. But look down to § 265.15 #3 - They state that if you are in a car with a "slungshot" ( they do not mention the wrist-brace on this part ) then it is against the law... Anyone here a lawyer or just good at interpreting law? It seems to me that since it doesn't say wrist-brace a cop could arrest me if he found a regular old slingshot in my car, but if I'm not in a car I am safe somehow?



§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type
slingshot or slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or


§ 265.15 Presumptions of possession, unlawful intent and defacement.
1. The presence in any room, dwelling, structure or vehicle of any
machine-gun is presumptive evidence of its unlawful possession by all
persons occupying the place where such machine-gun is found.
2. The presence in any stolen vehicle of any weapon, instrument,
appliance or substance specified in sections 265.01, 265.02, 265.03,
265.04 and 265.05 is presumptive evidence of its possession by all
persons occupying such vehicle at the time such weapon, instrument,
appliance or substance is found.
3. The presence in an automobile, other than a stolen one or a public
omnibus, of any firearm, large capacity ammunition feeding device,
defaced firearm, defaced rifle or shotgun, defaced large capacity
ammunition feeding device, firearm silencer, explosive or incendiary
bomb, bombshell, gravity knife, switchblade knife, pilum ballistic
knife, metal knuckle knife, dagger, dirk, stiletto, billy, blackjack,
plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub or
slungshot is presumptive evidence of its possession by all persons
occupying such automobile at the time such weapon, instrument or
appliance is found, except under the following circumstances: (a) if
such weapon, instrument or appliance is found upon the person of one of
the occupants therein; (Posted Image if such weapon, instrument or appliance is
found in an automobile which is being operated for hire by a duly
licensed driver in the due, lawful and proper pursuit of his or her
trade, then such presumption shall not apply to the driver; or © if
the weapon so found is a pistol or revolver and one of the occupants,
not present under duress, has in his or her possession a valid license
to have and carry concealed the same


TMark:

Where exactly did you find this info, I am also from NY and was looking to this as well and could not find anything, my cousin is a lawyer and I would like to ask him about this, just wanted to know where you found it so i can research it as well thanks!!

#9 Knoll

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Posted 09 March 2012 - 04:46 PM

...... my cousin is a lawyer and I would like to ask him about this, ......

May wanna ask the cousin up front if hourly fees will apply ... just sayin'. :hmm:

#10 harpersgrace

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Posted 09 March 2012 - 06:21 PM

A slugshot is a type of blackjack and has nothing to do with slingshots, carrying pretty much anything in New York City is illegal. Pretty much each county upstate has it's own laws. Since non wristbrace slingshots are not considered weapons it shouldn't be a major issue so long as you're not being stupid but as with anything it all depends on who you're dealing with,

#11 Incomudro

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Posted 10 March 2012 - 12:04 PM

Makes me wonder about archery.
As far as I know, bows are legal in NYC - there is a range here on Staten Island in one of the parks.
So, it must be ok to transport ones archery equipment in a vehicle.

So what about a slingshot?

As far as I'm concerned, I usually keep mine in the hatch when I'm driving.
Not on the seat beside me.
I've personally never been pulled over for anything that led the officer to search myself or my vehicle, so I don't really worry about it much.
I'd imagine that the circumstances and the particular officer might have a lot to do with the way such a situation might go.

#12 MeatMechanic

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Posted 10 March 2012 - 02:33 PM

Carry whatever you want better to be judged by 12 then carried by 6 . MM

#13 JLS:Survival

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Posted 10 March 2012 - 04:04 PM

Carry whatever you want better to be judged by 12 then carried by 6 . MM


I like your style!!

#14 Viper010

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Posted 28 May 2012 - 03:32 AM

Carry whatever you want better to be judged by 12 then carried by 6 . MM


words to live by! 

#15 Karok01

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Posted 28 May 2012 - 04:08 AM

Keep a non-wrist brace SS handy and keep your TUBES seperate. Then you have a reliable SS ready for the most part when you need it. They can't fine you for frames or latex, maybe frames AND latex, but not when you have em seperate.

#16 Ben_the_Bear

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Posted 28 May 2012 - 06:30 AM

Here in Nazi-Jersey I'm sure they're illegal here. Everything else is.

This is the state where a kindergartener was expelled for breaking the schools zero-tolerance-on-guns-policy, by drawing a water gun fight, in crayon.

#17 lloydedwards40

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Posted 28 May 2012 - 06:37 AM

Regarding "too many" laws etc, depends what type of system you live in. Inquisitorial or gladiatorial, whether you can do what is permissible by law, or do what isn't forbidden by law.
Not that it really matters, the wealthy get whatever laws they can afford, so if a Koch brother was once hit with a pebble ....., or perhaps doesn't like crayons!!

love'n'joy
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#18 Imperial

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Posted 28 May 2012 - 11:12 AM

... better to be judged by 12 then carried by 6 . MM

creed of the vigilante ?

#19 reppans

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Posted 28 May 2012 - 07:36 PM

I'm in CT surrounded by the anti-gun states NY and MA. I actually got into slingshots so I can legally "carry"... a hunting "something" across state lines.

From what I can tell, NY has the wrist brace rule; in MA, you just can't sell SS; and NJ, they're plain illegal.

Makes me wonder about archery.
As far as I know, bows are legal in NYC - there is a range here on Staten Island in one of the parks.
So, it must be ok to transport ones archery equipment in a vehicle.

So what about a slingshot?


I was in the subway in NYC last week and was surprised to see woman waiting for a train on the platform carrying a strung recurve bow - she had no arrows though. Perhaps the difference with slingshot is that a bow is not concealable, and the "ammo" is highly specialized and painfully obvious.

BTW, I now EDC carry a spare bandset and pouch in a small ziplock figuring it's easy enough to make frame from a tree branch... TSA safe too, I assume.

Edited by reppans, 28 May 2012 - 07:38 PM.


#20 aeDING

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Posted 29 May 2012 - 09:31 PM

I am reading that law as "With intent" being the important factor. Whether they are actually applying the old slungshot/slingshot definition or not, the intent is what will make everything arguable in court if need be.


I've personally never been pulled over for anything that led the officer to search myself or my vehicle, so I don't really worry about it much.


I saw online (Some slimy lawyer made a youtube video) that you are welcome to politely tell an officer that "I do not submit to searches." It will save you time when he has to walk away because he knows he has no right to search your car without probable cause. Also, if they search a vehicle anyway after you have respectfully shared that you do not give him permission to search your vehicle, anything he finds can be thrown out as evidence because it was considered an unlawful search.

Weird technicalities are fun. Bottom line for me? Keep slingshots in a bag in the trunk with anything else I'm transporting (like my backstop I just made) and that way if it is discovered, it is most obvious that I'm headed somewhere to do some target practice.




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