What constitutes as primary residence on LI when applying for/buying license or firearms (New York: felony, home)

[lubby]

Originally Posted by Nevar242

WOW
REAL stupid to admit if true.

I agree.

[Joe461]

Originally Posted by NJ Brazen_3133

How about we forget about firearms, is it ok for anyone to have a second address anywhere? Is that okay for you guys if some has a home on LI or PA but has to spend a lot of time sleeping in NYC?

A few things to consider.

NYC and Long Island are, in effect, two different states when it comes to a pistol license. NYC has "home rule" and sets different laws than the rest of the state. A valid NYS pistol license is NOT valid in NYC. The reverse is also essentially true.

Of course you can have multiple residences. You can only have one domicile. Outside of firearms law, this has various tax implications. In NYS, a pistol license is issued by the county. Each county (aside from NYC) follows state law, but can also have their own rules and process.

In Nassau and Suffolk, for example, you can only get a highly restricted license and it is issued after dealing with the police department. The process can take 18 months or more. In some other NY counties, you appear before a judge to get your license, which can easily be a full carry license (oddly enough, valid throughout NYS with the exception of NYC). Some of these counties it can take as little as two weeks to get the license.

While many county applications talk about being a "resident" of the county, they do mean "domicile." You can play semantics all you like, but they know when someone is pulling a fast one. In the end, they can deny you for any reason, so it is not a battle worth fighting.

As another poster pointed out, a court decision requires NYS to issue non-resident licenses. The case revolved around a NJ man who owned a second home in NY. While he has a valid NJ pistol license, it was technically illegal for him to bring that pistol into NYS. The court decided in his favor through the requirement of a non-resident permit.

If you have a residence on LI (this is the LI section) AND a valid license in your home (domicile) state, you can apply in the county where your second home is. You can do the same in NYC.

My guess is that your LI application will be denied. I would lay odds the NYC one will certainly be denied. None of these agencies like to issue a license to full-time residents. They will look for a way to deny you (unless you are a celebrity or very well connected - but that's a different conversation).

If you are seriously pursuing a legitimate way to get a NY license, do some research on counties north of Westchester. Buy a home up there. Consider that most applications require an affidavit from friends (not related and not police) in that county to vouch for you. So actually be a resident and make friends. Then you can apply for a non-resident.

Or you could actually move to the county, establish it as your legal domicile, and then apply through the normal process.

The way I have described the application process in NY (not sure about NYC) is that it is a truth test. You need to be totally up-front and honest. Any lie, half-truth, or attempt to game the process will result in a denial.

The biggest problem with denial is that it follows you forever. All the NY applications have a question "have you ever been denied a pistol license." Having to answer "yes" makes it much more difficult to get a license in the future. Even worse when you have to explain that you were denied for lying on your original application.

I can see why someone might like the idea of personal protection in NYC these days. It is, however, a no-win situation. There is no such thing as a carry license in NYC (for the non-celebrity or non-billionaire). It is unlikely that the police or DA will ever admit to a justified use and you will go broke trying to stay out of jail.

If you really feel NY or LI is a place you "need" a gun for self-defense, the best thing you can do is move to somewhere else. Just not worth it down here.

[mathjak107]

Correction , a nyc permit is valid in Long Island but not the reverse…

Nyc tried to limit range use outside of nyc because technically the premise permit is not allowed off premise so nyc had no authority to allow it to be used at a range outside the city .

They changed that and now allow you to go to a range or hunt anywhere in nys

[Joe461]

Originally Posted by mathjak107

Correction , a nyc permit is valid in Long Island but not the reverse

It's been a while since I delved into NYC rules on this topic, so my query is not an argument.

If NYC is a premise permit, I can see how it would be theoretically valid on LI... but not useful from a practical standpoint. Of course, outside of NYC (in NYS) much would depend on how the local police wanted to interpret the rules.

According to NYPD:

The Licensee may possess a handgun ONLY on the premises of the address indicated on the front of the license.

https://licensing.nypdonline.org/new...ookieSupport=1

That would seem to eliminate even second homes since you can only have one address on the license.

It does mention the ability to bring a handgun to an "authorized" range. I know in the past, they tried to specify that only applied to ranges in the five boroughs (specific ones that NYPD authorized). Has that changed to allow transfer to ranges out of NYC?

NYC also requires everything unloaded and in a locked box when going to the range. This is much more restrictive than the Nassau/Suffolk rules.


EDITED TO ADD: I wrote my post before I saw the addition you made to yours.

[mathjak107]

Nyc revised their premise permit so it is good in 2nd homes in state …you are authorized off premise with a separate document you get with the permit to go to any state range as well as hunt with a valid hunting license.

While state law does not allow off premises, this was challenged in court and it was up held that these authorizations are not a problem since no one ever has had issue.

Both my wife and I have our nyc permits decades now

[mathjak107]

Our argument as premise holders to the court was that there is nothing that says another county won’t arrest us for being off premise as the nypd commissioner has no jurisdiction outside the city to authorize us to hunt or target shoot elsewhere .

but since it never happened the court said we failed to prove a case

[markjames68]

Originally Posted by mathjak107

ii. Birth Certificate or Passport.
iii. If born in a foreign country, you must submit a copy of your naturalization certificate or
your alien registration card. The alien registration number is necessary to process your fingerprints. In addition, we will need to see your passport or birth certificate.
Note: If you do not have a NYS driver license. You must provide two proofs of residence from the list below. At least one of these must be in your name.

I don’t understand why a naturalized citizen needs more than a US passport?

[mathjak107]

They have their reasons

[markjames68]

Originally Posted by mathjak107

They have their reasons

I’m sure they do…but you go through an extensive process to get a passport and you need to show your naturalization certificate for that.

[mathjak107]

Here is what is required in nyc

Photographs. recent color photographs of yourself. They should measure 11⁄2 x 11⁄2 inches and show you from the chest up. Do not wear any article of clothing or adornment that obscures your facial features.

3. Birth Certificate. In lieu of your birth certificate, some other proof of your birth date, e.g., a military record, U.S. passport or baptismal certificate, must be submitted.

4. Proof of Citizenship/Alien Registration. If you were born outside the United States, you must submit your naturalization papers or evidence of citizenship if derived from your parents. All other applicants born outside the United States must submit their Alien Registration Card. If you have lived in this country less than 7 years you must submit a good conduct certificate from your country of origin.

5. Military Discharge. If you served in the armed forces of the United States, you must submit your separation papers (DD 214) and your discharge.

6. Proof of Residence. You must submit proof of your present address. Proof may consist of, but is not limited to, a real estate tax bill, ownership shares in a cooperative or condominium, or a lease. You may also be requested to supply further documentation, i.e., a New York State Driver’s License, a New York State Income Tax Return, a Utility Bill, etc.

7. A.) Arrest Information: If you were ever arrested, indicted or summonsed (other than parking violations) for any reason you must answer Yes to question-23 and submit a certificate of disposition showing the offense and the disposition