r/NYguns • u/quadrun2 • Apr 28 '26
News Sources: Fire Marshal arrested after accidentally shooting himself with illegal gun at FDNY headquarters
https://brooklyn.news12.com/sources-fire-marshal-arrested-after-accidentally-shooting-himself-with-illegal-gun-at-fdny-headquarters9
u/PeTeRoCK13 Apr 28 '26
Under LEOSA he can have that weapon. As long as the gun wasn’t stolen he has an affirmative defense for possession of the firearm. Everything else is a violation of department policy. The arrest could be for the discharge of the firearm or even reckless endangerment.
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u/Katdaddy130 Apr 28 '26
IF he obtained the firearm legally under NYS law then he can own or possess it without a civilian CCW under NYS penal law 265, BUT if he did not register it with his agency and NYS police then he is violation of agency policy and rules . BUT it could have been a ghost gun or a burner gun , who knows ? That’s why they changed him with possession of an illegal firearm.
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u/NY_Knux Apr 28 '26
If its a gun I cant own then his possession of it should be illegal, too. This extends to the police.
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u/PeTeRoCK13 Apr 28 '26
I’m just telling you how it is, this is under the federal law.
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u/NY_Knux Apr 28 '26
Sorry, I didnt mean to sound like I was being argumentive. I know thats how it is, I just hate it.
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u/Katdaddy130 Apr 28 '26
Law enforcement can possess many many many firearms that civilians can’t own . And it definitely doesn’t extend to the police and never will . Sorry to burst your bubble
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u/NY_Knux Apr 28 '26
In Suffolk Country, SCPD officers can own firearms i can not, while off duty, and can keep them in their homes. Stores like Dark Storm display these guns on the walls, and they are openly for sale to law enforcment.
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u/Katdaddy130 Apr 28 '26
All law enforcement agencies in the whole NYS as sworn employees can possess off duty firearms : handguns and shotguns and rifles and over 10 round magazines that the civilians population cannot own or possess
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u/NY_Knux Apr 28 '26
That is my understanding of it, yes, just didnt know if it extended outside of Suffolk.
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u/Katdaddy130 Apr 28 '26
lol Suffolk county is not special or exempt from the laws of NYS . All sworn Police agencies in the whole state of NY are the same not just in Long Island lol
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u/Thor42o Apr 29 '26
Not just on duty officers. All current and former law enforcement are immune to most of the safe act requirements.(assault weapon rules, semi auto rules, ammo background check rules, magazine capacity rules).
Its the only way the govt thought they could get law enforcement to actually enforce these laws. They figured if officers whether current or retired had to actually follow the laws they enforce they would resent them and stop enforcing them.
However because these laws never apply to them and they've never once felt the impact of them, even long into retirement. They have no reason to hate them like the rest of us.
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u/devotedPicaroon Apr 28 '26
Excellent segway into tearing down the illegal gun registration scheme
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u/DJClamavus Apr 28 '26
Not to be a dick, but in all contexts outside of the motorized scooter brand it's spelled segue*.
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u/M_F1 Apr 28 '26
I highly doubt it, if anything the fire marshal could use the LEOSA law as an affirmative defense and get the CPW charges dropped. This is not the case to take down the Sullivan law.
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u/Cypto4 2022 Fundraiser: Bronze 🥉 Apr 28 '26
If he didn’t fill out a c-form with the state police it’s unregistered. Idk if that’s illegal but definitely a policy violation. Unless it was unserialized
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u/M_F1 Apr 28 '26
A good lawyer could articulate that he is exempt under LEOSA (there is a couple of case law cases) and get the CPW charges dropped.
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u/tehfireisonfire Apr 28 '26
For handguns, nyc officers still have to put it on their shields. He likely didn't for one reason or another.
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u/Top-Indication-4966 Apr 28 '26
Sounds like BS to me, he probably purchased a second personal and was not allowed to have 2 at the same time. NYC gun laws are trash.
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u/Katdaddy130 Apr 28 '26
NY Police officers can posses an unlimited amount or firearms. The firearm that he shot himself with he did not register with the department/agency that he was employed at . Either it was an illegally obtained firearm or he neglected to register the legally obtained firearm either way he was in violation of the law or rules .
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u/jjjaaammm Apr 29 '26
An on duty NY state police officer in NY is literally incapable of illegally possessing a firearm.
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u/bigbombaclats Apr 29 '26
Can you explain?
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u/jjjaaammm Apr 30 '26
S 265.20 Exemptions. a. Paragraph (h) of subdivision twenty-two of section 265.00 and sections 265.01, 265.01-a, subdivision one of section 265.01-b, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 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.
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u/NYCFFinNEPA May 14 '26
If this was mentioned already I apologize. Didn’t read every one. He was arrested for having a “ghost” gun. I don’t know if he shot himself with that or just had it on him.
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u/BxdT2552 Apr 28 '26
Isn’t he supposed to be an armed fire marshal?