People v. Russo

The defense in this case challenges the applicability of subdivision (2) of section 245 of the Conservation Law to the uncontroverted facts herein presented *958as to the defendant’s possession of a loaded shotgun in his automobile.

This often-amended section (245) of the Conservation Law provides ‘ ‘ Prohibitions on the use and possession of firearms. * * * (2) No firearm except a pistol or revolver shall be carried or possessed in or on an automobile unless it is unloaded in both the chamber and the magazine. Nothing in this section permits the possession of a pistol or a revolver contrary to…