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CLICK HERE FOR THE 10/14, 2009 USA v DOROSAN, 5th CIRCUIT CASE LAW
How long do I have to change my address?
What happens when I die? (To your handguns, not you.)
Do I have to register barrels of different caliber that fit the same gun?
How many handguns can I own?
Can I lend a handgun to another license holder?
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What are the regulations that cover where I can shoot and how close I can shoot to a building?
Environmental Conservation Laws: TITLE 9, HUNTING;
11-0931. Prohibitions on the use and possession of firearms.
4. a. No person shall:
(1) discharge a firearm or long bow in such a way as will result in the load or arrow thereof passing over a public highway or any part thereof;
(2) discharge a firearm or long bow within five hundred feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or occupied factory or church;
...
b. The prohibitions contained in subparagraph 2 of paragraph a above shall not apply to:
(1) The owner or lessee of the dwelling house, or members of his immediate family actually residing therein, or a person in his employ, or the guest of the owner or lessee of the dwelling house acting with the consent of said owner or lessee, provided however, that nothing herein shall be deemed to authorize such persons to discharge a firearm or longbow within five hundred feet of any other dwelling house, or a farm building or farm structure actually occupied or used, or a school building or playground or occupied factory or church;
(2) Programs conducted by public schools offering instruction and training in the use of firearms or long bow;
(3) The authorized use of a pistol, rifle or target range regularly operated and maintained by a police department or other law enforcement agency or by any duly organized membership corporation;This section also covers many other aspects of carrying a gun around, both handguns and long guns including how many rounds your gun can hold in the field hunting and:
2. No firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is unloaded in both the chamber and the magazine, ...
NOTE: The DEC Definition of "Firearms" is not the same as the Definition under Criminal Law, PL265.
6 NYCRR Part 180, Miscellaneous Regulations, §180.3 Definition of firearms§180.3 Definition of firearms.
For the purposes of the Fish and Wildlife Law and this Title:
(a) The word firearm shall mean any gun or other instrument which by force of gunpowder or other explosive, or which by the force of a spring, air or other gas, expels a missile or projectile capable of killing, wounding or otherwise inflicting physical damage upon fish, wildlife or other animals.
(b) The term taken down shall mean:(1) separating the action from the barrel of a long gun which is designed to be dismantled without the use of tools; and
(2) rendering inoperable a long gun which is not designed to be dismantled without tools, so as to require tools to restore such long gun to an operable condition. A bolt action firearm with the bolt removed shall not be considered "taken down" unless it is otherwise dismantled as provided in this subdivision.(c) "Pistol" means a firearm intended to be aimed and fired with one hand, and having a barrel length not exceeding sixteen inches.
Are PISTOL LICENSE RECORDS public information?
Yes, but only part of the record.
PL §400.00(5)
... The name and address of any person to whom an application for any license has been granted shall be a public record. ...You can ask for a list of everyone with a pistol permit at you county Clerk's Office but when the unSAFE act passed they did add a provision that you could request that your name not be made public by filling out a form and many people did that. What a county will give you varies. Some counties only have a list that they will let you look at and you must copy down the names and addresses while other counties can give you the information on a computer disk. Some counties do charge a nominal fee for the service. Just remember that the list contains information for every license issued starting around 1936. While some counties have updated their list, many counties have not, so, if someone died or moved out of state and never notified the County Clerk then their name is still on the list and if someone submitted the new form their name and address willl not be on the list either. The list will not contain any other information like if the license is restricted, when it was issued and by whom and why, how many guns are on it or anything else. This issue has been settled by the courts for a long time. (NY City has lost many court cases over this issue but they still refuse to issue their list unless you take them to court.) CLICK HERE FOR MORE INFORMATION
[ I know that some people go nuts when they find out that this information is public record. If it was not public record then newspapers would not be able to get the information in NYC to show how the selected few get permits when others don't. The idea that some criminal is going to get the list so that they know who owns guns and can target their house is more than STUPID! They do not hand these list out without finding out who you are and most will ask you what you want the list for. (Some reasons are not a valid reason to get the list.) In order for your fear to be correct then that would be saying that a criminal would be willing to go to a County Clerk and request in writing the list and provide their, (the criminals,) name and address to get a list that contains the names of many people who are dead or have moved away so that the criminal can break into a house that they think of a gun owner to steal guns that might only be a single shot flint lock black powder gun or a 38 special or a 22 plinking pistol. I have never known of anything like this happening. What about the names of gun owners that end up in the newspaper because they won an award or some contest or the names that are listed on a clubs web site?
As part of the NY SAFE Act the Pistol License Department now has a form that allows you to take your name off of the public list. If you already have your license you can call up the Pistol License Department and ask how to get the form or on Orange County's website. If you are applying for a license they give you the form. I don't know of anyone in Orange County who has ever gotten the list of all of the pistol license holders other than myself and that was for a political race.
SEALED COURT CASE AND WHO CAN SEE THEM
From "HOW TO GET AND CLEAN UP YOUR NEW YORK STATE RAP SHEET"
DEFINITIONS: National Instant Criminal Background Check System or NICS. This new system contains information from a much larger database than the National Crime Information Center or NCIC that we are familiar with. The NICS systems includes database information from:
The required check started Nov. 30th 1998 for all long guns and handguns, as part of the Brady Bill.
When the Brady/NICS check
started in Nov. 1998, anyone with a handgun license in NY
State that was less than 5 years old was exempt from the
required NICS check when they bought a long gun or handgun.
Also, if your license was over 5 years old, if you added
a handgun to your license, most County Pistol License Department
would send your Amendment through the Sheriff's Department
where they would do their required check and you would be
issued a NICS Certificate that was good for five years of
exemption for NICS checks on handgun and long guns.
The special NY exemption ended
on May 2, 2006 because of the failure of NY DCJS to meet
the requirements of the FBI. For more information see the
full
FBI
OPEN LETTER TO ALL NEW YORK FIREARMS LICENSEES
.
From the FBI letter:
"In 1998, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) sent an Open Letter to all New York FFLs advising them that New York Licenses to carry and possess handguns would qualify as alternatives to background check required under the Brady Law. In March 2004, ATF began a review of all States that had permits that qualified as NICS check alternatives to determine if they still qualified. In May 2005, we informed New York’s Division of Criminal Justice that New York no longer met the qualifications. We gave them until September 30, 2005, and then an extension until April 30, 2006, to address our concerns. New York was not able to meet our concerns during this time frame. Accordingly, New York licenses to carry and possess handguns can no longer qualify as a NICS check alternative."
THIS IS NO LONGER VALID In ORANGE COUNTY: A
NICS check is done by the FBI when it checks your
fingerprints for your original license. That check
is good for 5 years for both handguns and long guns
but you must show your license when buying a long
gun to avoid the NICS check. If you are buying a long gun, the store will not have to run a NICS check if you show your pistol license or NICS Certificate, (or PPB-7 form,) and it is less than 5 years old. |
The FBI maintains information about the NICS program on it's web site titled: National Instant Criminal Background Check System (NICS) Information. They also have another page, National Instant Criminal Background Check System, that contains an outline of the program, Definitions of Prohibiting Categories, and what to do and who to contact after receiving a denial. They also have another page, A NICS DELAY..., that outlines what happens if you are given a DELAY.
GENERAL INFORMATION ABOUT BRADY/NICS
This law first took effect in 1993, (passed
by a Democratic controlled Congress and signed by Pres.
Clinton,) and was made up of two parts. Both are very
complicated in detail but because the holder of a New York
State Pistol License is, for the most part, exempt if they
meet the 5 year rule, we normally do not have to deal with
this requirement. The 5 year rule is that you must have
had a NICS Check done in the last 5 years at the time of
your handgun or long gun purchase, and you have proof by
having a license that is less than 5 years old or a certificate
issued to you that is less than 5 years old. The New
York State Department of Criminal Justice Service proved
to the FBI's satisfaction that NY State law is more restrictive
than what the federal law requires in order for us to have
the exemption. (SEE: AMENDMENTS)
BRADY I PART A
The first part of the Brady Bill set the
national standard for background checks for the sell by
FFLs of all handguns, (not long guns.) Many states,
including NY, were exempt because of higher state requirements.
It included a three day waiting period and a requirement
for a check by the local county sheriffs department of local,
state and federal records. Normally this check included
a NCIC check. The provision of the law that required
that the Sheriff's Departments do the check was ruled
unconstitutional by the Supreme Court and after that ruling
the check was done on a voluntary basis. This part
of the law expired on the day that Brady II took effect
on Nov. 28, 1998 with it went the three day waiting period.
BRADY I PART B
At that time the original bill passed
it contained the provisions that called for the NICS check
to start in 1998 thus allowing adequate time for the system
to be set up. When the "Instant Check System" came
on line the 3 day wait for handgun sales ended but the requirement
that all guns sold by an FFL, including all long guns be
checked, started. Most people thought that the BATF
would do the check because they are prohibited by law from
keeping any list of gun owners. However, the FBI was
given that responsibility and originally they found a way
to keep the names, address, social security numbers and
the date and seller of the firearm for at least 8 months.
(Under changes made by A.G. Ashcroft in the Bush administration,
names are only being kept for a minimum amount of time as
stated in the original bill.) The FBI had also proposed
that a fee of around $14 be charged for the NICS check but
that fee was dropped.
BRADY PART II
This bill is still being written and has
not passed but provisions are being pushed by the anti-gunners.
In a classic bait and switch, what was agreed to under Brady
I, the ending of the 7 day waiting period, is now the most
important thing in the world. Also proposed for inclusion
in the bill are, an Arsenal License, (good for 3 years
with BATF inspection, if you owned 20 guns or parts or
have 1,000 rounds of ammo or primers,) one gun a month,
ban on all magazines over 6 rounds, increased taxes (50%
on ammo, 30% on handgun), no mail sales of ammo, required
license, valid for 2 years, for all handguns and more. Other
things that the anti-gunners want to be added are requirements
to lock up all guns, allow lawsuit against gun owners,
small handgun ban, and anything else that can pass.
It is too hard to get a license. | State law allows you to get a license and, while it is not as easy as it should be, it is not so hard that a normal citizens should not be able to get a license if you are willing to put up with the paper work and pay the money. |
It takes too long to get a license. | State law limits the time it takes to 6 months. After that they are required to tell you why it is taking so long. Recent changes in the way the Sheriff Department process the licenses allows new licenses to be issued in as little as 2 months. Most licenses are issued in between 2 and 3 months |
The Sheriff's Department, Judges and the Pistol Permit Department do not want me to get a license. | Nothing could be further that the truth. They are all required to follow the law but I have never known of them going out of their way to prevent someone from getting a license. They will do everything that they can to answer your question but it is not their fault if you do not like the answer. They can not change the laws on their own. Some Judges had a pistol license before they became Judges and support the RKBA. |
I can shoot a handgun after I put in my application. |
This is not allowed under state law. The only exemption that state law allows requires you to do more than what is required to get a regular license and it could actually increase the amount of time that it takes to get your license. No one, however, is out to arrest people who do shoot a handgun while taking a class and I know of no one who has ever been arrested for it. That is not to say that something might not happen if someone had an accident. |
I do not have a license but I can shoot
with my friends or spouses licensed handgun as long
as they are with me and I am at a range. Click here for Special information for those between 18 and 21. |
This has two answers. #1. FOR THOSE 21 OR OVER. NO!! NEVER!! NOT ALLOWED UNDER ANY STATE LAW!! PL 265.01 makes it illegal for anyone to possess a handgun. PL 265.20 then states exemptions to the law and having a license issued pre PL 400 is one of them. NO OTHER WORDING ALLOWS EXEMPTIONS JUST BECAUSE YOU ARE AT A RANGE OR EVEN IF YOU ARE WITH A POLICEMAN OR TAKING A GUN SAFETY CLASS. #2. FOR THOSE 14 TO 21 As of Nov. 1, 2000 if you are between 14 and 21 and are at a facility and under supervision that meets the requirements outlined under the new law you are allowed to use and shoot a handgun. |
I can never get an unrestricted license. | This has gotten much better in the last few years and several Judges do issue "UNRESTRICTED" licenses if you ask on initial applications and amendments. (But no Judge issues "UNRESTRICTED" 100% of the time.) While some Judges do not issue unrestricted licenses others will allow you to request just about anything but just will not put "UNRESTRICTED" on your license. It only cost $5.00 to ask and you have nothing to loose. You will never get an unrestricted license if you do not ask for it. |
I do not know any Peace Officer, Judge or other important person that can sign for my references. | At one time that was a requirement to get a license but that is not true today. It does not hurt if you know someone who can sign for you but your next door neighbor, postman/woman, or banker will work fine. (I would not get someone who is a convicted felon but nothing in the law would covers this.) |
If I have a restricted license, I have to carry my gun locked in the trunk of my car going to and from the range. | You can carry you handgun loaded on your person as long as you are engaged in activity allowed by your restrictions. Carrying Concealed going to and from the target range is allowed but you might not want to buy gas or go into the store to get milk. Just because you have some targets in the trunk might not convince a police person or your Judge that you are going to a range to shoot. Just apply for an unrestricted license. |
You can have your gun with you as long as it is unloaded and locked in the trunk of your car. | Nothing in PL 400 talks about this option. The only time it is brought up is in relation to driving through New York City. Your Judge might tell you this but I would get it in writing. If you have bullets the gun is "LOADED" under PL265.00(15). |
You have to be 21 to get a license.
NOTE: AS OF NOV. 1ST 2000 THIS IS NO LONGER A MYTH! |
This changed on Nov. 1st, 2000 when a new law require that you be 21 to get a license but allows persons from 18 to 21 of age to shoot a handgun at a range under a certified instructor without a license. In 2006 the age was expanded to 14 to 21 year olds. (Under old law some counties would issue license to people as young as 16, in Orange County along with most other counties the age was 18 and state law did not set an age.) |
You can not go into a bar with your firearm. | No state or federal law prevents you from being in a bar with a legal firearm. Some states that have Concealed Carry Laws do prohibit the practice but New York law does not address the issue. That is not to say that your issuing Judge will not frown on the practice if you are found out. |
Judges have to put restrictions on my license. | Nothing in NY Law even mentions "restrictions". It is new law that was found by the courts. The State Appeals Court ruling that allows restrictions was decided on June 9, 1994. See: O'Connor v. Scarpino |
See law below for some of the other regulations:
LAWS REGULATING PEPPER SPRAY ARTICLE
265
|
ONE EXCEPTION: HR 218 allows active duty police officers and with certain requirements, retired police officers to Carry any where in the US. I have talked to Anne Stone of the NYPD Legal, 646-610-5400, and she said that they follow Federal law. |
I keep getting e-mails
from out of state people who want to know what they have
to do to get a carry license in
NY State or NY City or if their state license is valid in
NY State or NY City. My only reply, (just kidding,) is,
"Are
you NUTS??" I know that this might come as a shock to you but NY in general is really, really, really anti-gun and triple that for concealed carry. (Fortunately, the way NY State law is set up, many "Up State" counties are more reasonable especially when the local gun owners are politically active and carry some weight.) NY City is really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, anti-gun and that to a power of 100 for concealed carry. Just to have a 38 in your night stand takes a year to get a license many requirements just to make it hard like you have to pick up the application in person and your application has to be typed plus many other requirements. You have to pay $99 for the license plus $340 every 3 years for a license. My NY State handgun license is not even valid in NYC. NY City does not even issue handgun licenses to people who do not live in NY City. NY City does not issue anything except for a "Premise license" that only allows you to keep a handgun in your home or where you work and you can take it unloaded in a locked container to an approved NY City range to practice. You are not even legally allowed to take it outside of NY City. NOTE: THIS WILL CHANGE SOMETIME IN 2019. SEE "PREMISE LICENSE" ABOVE. |
From
an Aug. 2001 Newsletter
NYC makes major changes to Handgun License rules and fees New York City
made some major changes to the handgun license
rules effective June 30th. They raised the
fee for a license from $170 to $255 but they increased
the license from 2 years to 3 years so the fee
is still $85 a year. They also changed the
types of licenses. They dropped the target
license and replaced it with a redesigned "PREMISES
LICENSE".
In the past the Premises License only allowed you
to keep a loaded gun at home or in a business
and you were very limited in when you could take
the gun to a range. They also required anyone
with a Target License to be a member of a range.
According to what I was told when I called them,
a premise license now allows you to take a gun
to the range any time that you want to, you do
not have to belong to an approved range and you
can keep the gun loaded at home. (I think
that
would be considered an improvement.) However
you still can not have a combined license for
Residence
AND Business so you will have to have two
guns and pay the fees for two licenses.
One additional change was if you had a license from another NY county and wanted to take your gun into NYC, in the past, you were required to get a target license. Now however, because they do not have a target license anymore, they have no way to validate your license so that you can carry your gun into NYC to target shoot. From the NYC web site:
|
2009 NYC Web site info http://www.nyc.gov/html/nypd/html/permits/gun_licensing_faq.shtml#CanITargetShootOutsideNYC Can I go target shooting outside NYC?A NYC carry business license is valid throughout NYS. Premise residence and premise business licenses are only valid in NYC except as indicated in the next section. Can I go hunting if I have a premises residence license? You must obtain a hunting authorization from the License Division to hunt in an authorized area designated by the NYS Fish and Wildlife law. Your handgun must be transported |
The AG of NY state issued
an opinion in 1997: " 97-F4,
With limited exceptions, New York law does not recognize
or give effect to licenses to carry firearms issued by the
State of Georgia or any other state."
The law suite of Bach
v. Pataki, et al was filed on 11/29/02 in Federal Court
to try to force NY to allow non-residents to apply for a pistol
license but because the court had said that NY had to be the applicant's state of PRIMARY RESIDENCE. he lost BUT in 2013 in the OSTERWEIL, v. BARTLET case in federal court NY caved and the NY Court of Appeals was force to rule, (because they didn't want to address the 2nd Amendment,) that someone from out of NY could get a NY handgun license if they lived in NY part of the year or owned a resident in NY. It is up to the Judge to determine how long is long enough.
Background: Osterweild had moved from NY but still owned a house in NY. He applied for a handgun license but was turned down by the local Judge, Bartlet, because NY was not his Primary Residence as ruled in Bach v. Pataki. Osterweild took his case directly to the 2nd Circuit so NY lawyers caved and requested that instead of ruling in the case that the 2nd Circuit allow the state court to re-rule on the "Primary Residence" requirement that was held in Mahoney v Lewis, and change their ruling. (I attended the 2nd Circuit oral arguments and one of the Judges was retired United States Supreme Court Justice Sandra Day O'Connor,) From OSTERWEIL, v. BARTLET: The United States Court of Appeals for the Second Circuit, by certified question, asks us to decide whether an applicant who owns a part-time residence in New York but makes his permanent domicile elsewhere is eligible for a New York handgun license in the city or county where his part-time residence is located. We answer the certified question in the affirmative, on the basis of the relevant statute. As we explain below, it is therefore unnecessary for us to decide the constitutional issues raised by appellant. |
PL
265 also contains the following exceptions that allows out of state
residents to have a handgun in NY state under very specific
and restricted conditions:
12. Possession of
a pistol or revolver by a person who is a member or
coach of an accredited college or university target
pistol team while transporting the pistol or revolver
into or through New York state to participate in a
collegiate, olympic or target pistol shooting competition
under the auspices of or approved by the national
rifle association, provided such pistol or revolver
is unloaded and carried in a locked carrying case
and the ammunition therefor is carried in a separate
locked container. 13. Possession of pistols and revolvers by a person who is a nonresident of this state while attending or traveling to or from, an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association and in which he is a competitor, within forty-eight hours of such event or by a person who is a non-resident of the state while attending or traveling to or from an organized match sanctioned by the International Handgun Metallic Silhouette Association and in which he is a competitor, within forty-eight hours of such event, provided that he has not been previously convicted of a felony or a crime which, if committed in New York, would constitute a felony, and further provided that the pistols or revolvers are transported unloaded in a locked opaque container together with a copy of the match program, match schedule or match registration card. Such documentation shall constitute prima facie evidence of exemption, providing that such person also has in his possession a pistol license or firearms registration card issued in accordance with the laws of his place of residence. For purposes of this subdivision, a person licensed in a jurisdiction which does not authorize such license by a person who has been previously convicted of a felony shall be presumed to have no prior conviction. The superintendent of state police shall annually review the laws of jurisdictions within the United States and Canada with respect to the applicable requirements for licensing or registration of firearms and shall publish a list of those jurisdictions which prohibit possession of a firearm by a person previously convicted of a felony or crimes which if committed in New York state would constitute a felony. |
So as it stands right now, in 2005,
"the New York City Police Department only issues special
validations for business carry and carry guard/security
licenses issued by" (NY State,) "counties outside
of the City of New York." Forget about getting a "business
carry" because if you normally carry enough money or
valuables to qualify, you can afford to have armed security
or retired NY City police officers. (That is one racket
the retired police have, they have full carry in NYC so
they can rent themselves out to do anything and still carry.
Many out of town rich people hire them as drivers or escorts.)
So don't even think about bringing
your handgun for concealed carry into NY State, much less
NY City.
THIS SECTION RELATES TO RIFLE AND SHOTGUNS ONLY IN NY CITY |
§ 10-305 Exemptions. The sections requiring rifle and shotgun permits and certificates and prohibiting the possession or disposition of assault weapons shall not apply as follows: |
i. (1) Non-residents in transit. Any other provision of this chapter to the contrary notwithstanding, a non-resident of the city of New York who, without a rifle and shotgun permit issued hereunder, enters the city of New York possessing a rifle or shotgun in the course of transit to a destination outside the city of New York, or a non-resident of the city of New York who enters the city of New York possessing an assault weapon in the course of transit to a destination outside the city of New York, shall have a period of twenty-four hours subsequent to such entering to be exempt from penalty under this chapter for the unlawful possession of a rifle, shotgun or assault weapon, provided that such rifle, shotgun or assault weapon shall at all times be unloaded and in a locked case, or locked automobile trunk, and that said non-resident is lawfully in possession of said rifle, shotgun or assault weapon according to the laws of his or her place of residence. |
I hope that this is enough information but not too much. If you have any more questions or question the answer to something, please e-mail me.