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ARTICLE 35 of nyc law defines your permit conditions
(a) Premises License—Residence or Business. This is a restricted handgun license, issued for a specific business or residence location. The handgun shall be safeguarded at the specific address indicated on the license. This license permits the transporting of an unloaded handgun directly to and from an authorized small arms range/shooting club, secured unloaded in a locked container. Ammunition shall be carried separately.
article pl400 line 15 of state law : Any violation by any person of any provision of this section is a
class A misdemeanor.
your probely not going to see much in the way of cases actually going to court as im willing to bet that most are plea bargained away with maybe a fine and permit suspension.
i dont know of one case other than beach vs kelly that actually went to court.
according to state law premises permit holders arent allowed off the premises except once a month with written authorization in advance from the local authorities.
article 35 in city law overides that and says in nyc we can go to the range and hunt.
the issue is outside of the city there is no reason another county has to accept the nyc police commissioners permission slip and allow you to go against state law in their territory.
the word must have gone out not to challenge any nyc permit holders as they want no precedent cases in this matter.
the one case that challenged the legalities of this was squashed by the judge when the judge said he is dismissing the case because he fails to see how the residence permit is a problem when hunting when there are no examples of anyone being challenged. its over 20 years now since we have residence permits and not one case came up.
Last edited by mathjak107; 11-08-2011 at 05:33 PM..
Right, and that's what I've heard. However, do a little digging and you won't find a case study. There is a state law I read about on a gun forum that basically states that you can't be prosecuted for carrying a gun if you own it legally. The problem with this is that no one wants to be a case study, of course.
ARTICLE 35 of nyc law defines your permit conditions
(a) Premises License—Residence or Business. This is a restricted handgun license, issued for a specific business or residence location. The handgun shall be safeguarded at the specific address indicated on the license. This license permits the transporting of an unloaded handgun directly to and from an authorized small arms range/shooting club, secured unloaded in a locked container. Ammunition shall be carried separately.
article pl400 line 15 of state law : Any violation by any person of any provision of this section is a
class A misdemeanor.
your probely not going to see much in the way of cases actually going to court as im willing to bet that most are plea bargained away with maybe a fine and permit suspension.
i dont know of one case other than beach vs kelly that actually went to court.
according to state law premises permit holders arent allowed off the premises except once a month with written authorization in advance from the local authorities.
article 35 in city law overides that and says in nyc we can go to the range and hunt.
the issue is outside of the city there is no reason another county has to accept the nyc police commissioners permission slip and allow you to go against state law in their territory.
the word must have gone out not to challenge any nyc permit holders as they want no precedent cases in this matter.
the one case that challenged the legalities of this was squashed by the judge when the judge said he is dismissing the case because he fails to see how the residence permit is a problem when hunting when there are no examples of anyone being challenged. its over 20 years now since we have residence permits and not one case came up.
Interesting... well, there you have it
This isn't the reason I moved but it is a nice bonus to go to a state where I can get a carry permit after 30 days of living there.
Also, I don't think the Heller case or challenges like that will affect NYC because they TECHNICALLY allow for a carry permit. Sad, sad, sad...
nypd thought long and hard about how to close the old target hunting permit loophole and so far they have done it.
everyone thought the residence permit would be changed back because state law forbids going outside of the residence and doesnt allow for hunting or the range whenever you want.
so far the courts have upheld it and other jurisdictions have most likely been warned not to challenge it so its now its maybe 15 years or so that we still have it in place.
Non carry permit is fairly easy to acquire if you're willing to jump through the hoops.
A carry is virtually impossible to get.
We have plenty of criminals carrying guns in this city; drug dealers, cops, stick up kids, gangbangers,etc.
Why would law abiding citizens need to carry in such a city? The city's gun policy is asinine. Especially when most of the illegal guns recovered were originally sold outside of NYC. It's a huge variable that is out of NYC's control and therefore dictates that gun control in NYC will be a failure.
As it stands I belive that gun control in NYC is more a framework against a mass uprising/protest/riot than actually keeping gunplay down in the city.
Thanks for the info. I'm moving from NJ to the city in a month or so and was wondering about the gun laws. It's not like NJ is any better, but glad to know what I'm getting my self into.
I totally agree with your last comment regarding a framework against mass uprising. great observation.
This isn't the reason I moved but it is a nice bonus to go to a state where I can get a carry permit after 30 days of living there.
Also, I don't think the Heller case or challenges like that will affect NYC because they TECHNICALLY allow for a carry permit. Sad, sad, sad...
the heller case didnt just mean carry permits had to be issued,like the chicago case it only meant that they had to have a system in place for issuing any type of permits and since nyc does they meet the criteria,. chicago had no real permit system in place so thats why that case was a landmark there.
like i said previously a nyc premises permit is easy to get if your squeaky clean and can pay the fees.. its the 6 month wait thats the only real drag here.
Last edited by mathjak107; 11-09-2011 at 03:02 AM..
This isn't the reason I moved but it is a nice bonus to go to a state where I can get a carry permit after 30 days of living there.
Also, I don't think the Heller case or challenges like that will affect NYC because they TECHNICALLY allow for a carry permit. Sad, sad, sad...
while courts have upheld the fact that nyc can bend and mold their permits to fit what the city wants by restrictions there hasnt been any cases going full term that challenge nyc adding benefits to a premises permit that has no such rights under state law and having those added benefits accepted by localities through new york state.
you actually get a slip of paper signed by the police commissioner with your nyc permit that authorizes you to break state law and leave the premises to go to an authorized nypd range or hunt.
when the target/hunting permit was first done away with one case did come up when a fellow challenged the fact that nyc was overiding state law and that he was afraid if challenged while hunting the local police will arrest him if they chose not to accept the nyc police commissioners permission slip that goes against state law.
like i mentioned earlier the judge said there was no evidence or cases where anyone was challenged or arrested outside of the city for hunting and so he fails to see how the plantiff demonstrated that the premises licence was a hardship and a risk for him.
well almost 20 years later we are still waiting for that test case but so far no one was challenged anywhere in ny state with a nyc permit so my best guess is the word was put out to not hasstle hunters with nyc residence permits and permission slips from the commissioner.
Last edited by mathjak107; 11-09-2011 at 03:14 AM..
Does anyone know the law as far as civilian ownership of Airsoft guns in NYC?
Possesion of any type of BB or Pellet gun is illegal and/or licensed in NY City and a few other cities in NY State like Yonkers.
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