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When I first got my CWP in New York I could carry a handgun that was registered to me loaded and concealed to a shooting range or on private property where target shooting was allowed or while lawfully hunting. It stated that: "The licensee is authorized to possess and carry the following pistols:" Right below my picture it stated: "Target Hunting". There were no stipulations or laws describing how the handgun had to be carried. I've been out of New York for 8 years now and that may have changed?
If you're married it's also advisable for your spouse to get a permit too. If for any reason they had to use one of your guns to defend themselves they would be charged with the illegal possession of a weapon. They could even be charged if for any reason you are not home and the handguns are readily accessible to your spouse in any case of which the authorities may be called such as a fire or medical emergency.
It's also advisable to carry the handgun on your person and not in the glove compartment as any occupant of the vehicle could be charged with the illegal possession of a weapon if they have easy access to it. Only you are the one that is authorized to possess and carry it.
If a cop stopped you and wanted to bust your b**s, the burden would be on you to prove that you were carrying under the conditions of which the license was issued. The permit also state's that: "The license is revokable at any time". So about the worst that could happen to you is that your license would be revoked and you'd have to surrender the weapons that are listed on the permit and registered in your name. The good news if you want to call it that, is that you wouldn't be charged with the illegal possession of a weapon.
New York State also does not have state pre-emption statutes. This allows counties and municipalities to enact their own firearms laws and counties issue licenses at their own discretion. A county judge is typically the county licensing officer and signs off on the permit. They are the one's who will determine what type of license will be issued. If you're a retired law enforcement officer, corrections officer, rich and famous or the politically well connected chances are you'll get an "unrestricted license". The rest of the population can go to hell and typically get a "restricted" license only.
At one time some counties were issuing "unrestricted" licenses to their residents while others only issued "restricted licenses". A resident that was issued an "unrestricted" license could carry concealed anywhere in New York State except NYC for any lawful reason whatsoever even in counties that issued "restricted licenses". Whereas a resident of a county that issued "restricted licenses" had to abide by those restrictions even in counties that issued "unrestricted" licenses to their residents.
When I first got my handgun license in New York State it was issued for life. Not long after they changed the law and required that you renew the license every 5 years.
I don't know? But being as anti-gun and pro-criminal that New York State is I doubt there is a "Castle Law" as of now. When I was living there you had a duty to retreat first before using deadly physical force, even within your own home. While carrying in public with either a "restricted" or "unrestricted" license" the situation may change dramatically as you would probably have more avenues of escape before resorting to deadly physical force. Especially if you have a "restricted" permit of which you may have a lot more explaining to do. However that is my own personal opinion. At any rate you will need a lawyer, and anything you say can and will be used against you in a court of law. So it's best to keep your mouth shut until you have one present.
As far as I know if another state honors another state's firearms license through reciprocity agreements it's perfectly legal to possess a firearm in another state providing the licensee abide by all state laws.
no beach lost ....
"Court upholds police commissioner's revocation of New York man's pistol license based on his transport of the handgun to Nevada for a gun convention, when the license only allowed the transport of the gun to authorized hunting areas, and to small arms ranges or shooting clubs. The court rejected the gun owner's argument that his actions were authorized by the Firearms Owners' Protection Act (FOPA), 18 U.S.C. Sec. 926A, allowing the transporting of guns for any lawful purpose between two locations where the gun could lawfully be possessed and carried. The FOPA did not apply because the license did not authorize the lawfully carrying of the gun on the trip to another state. Beach v. Kelly, No. 4012, 113372/06, 2008 N.Y. App. Div. Lexis 5675 (A.D. 1st Dept.)."
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the part you are failing to understand is that law you stated only applies when you do not have permits that make it illegal to be off premise.
so when it comes to new york and our permits we do not fall under those laws unless you have an unlimited ccw . today the target hunting license no longer exists , we get a residence permit with a permission slip to go off premise only to shoot in city at an approved nypd range or hunt in state ..anything else voids your permit and can be prosecuted . ..
we had a 2nd home in pa with a range down the road .pa requires nooooo permits to target shoot or buy a firearm . you only need a ccw to carry . so as long as the gun IS LEGALLY HELD you are good to go in pa .
our permits in new york that are issued to 99% of citizens are RESIDENCE PERMITS . you can not be off premise with your firearm .
while we get a permission slip with our license to go within the city limits to an approved range and we can hunt in state with a valid hunting licence we can not go out of state nor even off premise for any other reason and can be prosecuted .
unless going to an approved in city range or hunting in state our permits are not valid as we are breaking the law . therefore THE FIREARMS ARE NOT LEGALLY HELD once you go to another state .
the reciprocity laws only apply when you can legally leave the state with your firearm being legally held . you can't do that with the residence permit .
we used to all get target hunting licenses . but there is no such thing as a target hunting license in state law . it was a carry permit that was restricted by your choice to just target and hunting . you had to check a box on the application that asked why you wanted the permit so if you did not check the box for hunting target shooting you did not get any permit since ccw was out of the question .
in the eyes of our state and other states that was still a ccw permit even though it was restricted . if you got caught carrying it was just an administrative violation . you may lose your permit but no prosecution .
so almost all holders carried .
the state eventually wised up and did away with them . we all got residence permits with defined charges if caught off premise and it was now a criminal action .
so yep , beach lost because he was not covered under the interstate travel laws nor any reciprocity agreements since he broke the law leaving the residence and state with a invalid permit .
Last edited by mathjak107; 06-09-2018 at 04:13 AM..
When I first got my CWP in New York I could carry a handgun that was registered to me loaded and concealed to a shooting range or on private property where target shooting was allowed or while lawfully hunting. It stated that: "The licensee is authorized to possess and carry the following pistols:" Right below my picture it stated: "Target Hunting". There were no stipulations or laws describing how the handgun had to be carried. I've been out of New York for 8 years now and that may have changed?
If you're married it's also advisable for your spouse to get a permit too. If for any reason they had to use one of your guns to defend themselves they would be charged with the illegal possession of a weapon. They could even be charged if for any reason you are not home and the handguns are readily accessible to your spouse in any case of which the authorities may be called such as a fire or medical emergency.
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yes , it changed and i already addressed that above . wrong again though on the married spouse . they can not touch anyone else's gun not registered to them , permit or not . no where in new york can a permit holder use someone else's gun except at a range that rents or allows you to use one to train once you get a pre license exclusion . your permit is only valid with firearms registered to you unless a range rental .
the permit is not valid for any firearm not on it . technically you cannot even hold your spouses locked box walking to the range .
a spouse would need to have their own gun registered to them only or else their permit is void after 30 days with no gun . nyc does not allow co-registering a firearm on two permits .
in a self defense situation i doubt using someone else's gun would be an issue in the home .
Last edited by mathjak107; 06-09-2018 at 04:23 AM..
Mathjak is right, but that part of the law is never enforced in self-defense situations if all else checks out. At my range, there are old timers who get prickly when they see two people exchanging handguns but we just ignore them. Technically even a cop couldn’t shoot another cop’s handgun.
NY laws are unconstitutional and asinine, designed so that at any moment, a gun charge can be leveled against a citizen who has not committed any actual crime.
as long as you are home ,a residence permit allows a cocked and loaded firearm to be accessible in your home .
when you are not home it is expected to be locked in a box unloaded .
but anytime directly under your control it can be loaded and ready . that is one advantage to the residence permit . the old target and hunting license stipulated it be stored locked and unloaded , it made no sense ..that target licence was done away with in the 1990's .
Last edited by mathjak107; 06-09-2018 at 07:13 AM..
i happen to notice today that the man who labeled himself the top firearms attorney in nyc , john chambers had his case come up .
if you remember john was accused of showering the license division with bribes and gifts . he was found to have gotten many permits that should not have been given out .
lots of people went down on this when it was found the orthodox community was getting ccw permits approved .
if you were in trouble with a firearm john was your go to attorney .
so they found him guilty and he will be sentenced in august and could get up to 20 years . john is a former brooklyn prosecutor .
what few knew was john was a transgender .he was a woman turned man .
his defense tried to play the transgender card . they claimed he was buying friends because he had so few . but the jury did not buy in that .
johns website now seems to be gone. it was filled with cases and pictures of famous people he was with or helped .
"Court upholds police commissioner's revocation of New York man's pistol license based on his transport of the handgun to Nevada for a gun convention, when the license only allowed the transport of the gun to authorized hunting areas, and to small arms ranges or shooting clubs. The court rejected the gun owner's argument that his actions were authorized by the Firearms Owners' Protection Act (FOPA), 18 U.S.C. Sec. 926A, allowing the transporting of guns for any lawful purpose between two locations where the gun could lawfully be possessed and carried. The FOPA did not apply because the license did not authorize the lawfully carrying of the gun on the trip to another state. Beach v. Kelly, No. 4012, 113372/06, 2008 N.Y. App. Div. Lexis 5675 (A.D. 1st Dept.)."
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the part you are failing to understand is that law you stated only applies when you do not have permits that make it illegal to be off premise.
Thanks for clearing that up for me! I was just wondering if this refers to NYC permits or is this for the rest of the state as well?
I know that when I had a New York State CWP I could legally go into Vermont with a handgun as Vermont does not require it's residents to get a permit to lawfully own and carry a gun. As long as I had a valid NY permit I was good to go. Not sure about PA whether they honor a New York State permit or not? Forget about CT or NJ.
After reading all of your comments I just thank God I left that God awful state and moved to Arizona. There's just nothing like the taste of freedom and not having to put up with all that bulls**t. Out here you can carry just about anywhere open or concealed without a permit. Except places that are specifically posted. Permits are optional for reciprocity with 37 other states. They also allow you to enter establishments that serve alcohol providing you don't consume alcoholic beverages. Without a permit you can not legally carry a gun in them. Just about every restaurant serves alcoholic beverages. You also don't have to undergo a NICS check when buying a firearm as long as you have an Arizona CWP. Unlike New York the handguns are not registered nor are they listed on the permit.
From time to time you'll occasionally see people going about their daily business while openly carrying a handgun or two. Nobody even bats an eye or even gives a s**t. You'd think that people would be blowing each other away over stupid little incidents? However they're not. Myself, for strategic reasons I never openly carry a firearm unless I'm out in the Sonoran Desert where no one is around. The great thing about open carry is that you can not be arrested if you accidentally "print" while carrying a concealed handgun in public. In some states permitted concealed carry means just that.
Last edited by Ex New Yorker; 06-09-2018 at 08:49 AM..
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