NY STATE LAW IN GENERAL

ARTICLE 265 FIREARMS AND OTHER DANGEROUS WEAPON

SPenal Law  265.00 Definitions.

3. "Firearm" means (a) any pistol or revolver; or (b) a shotgun having one  or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in  length;  or  (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an  overall  length  of  less  than twenty-six inches; or (e) an assault weapon. For the purpose of this subdivision the length of the barrel  on a shotgun or rifle shall be determined by measuring the distance between the  muzzle  and the face of the bolt, breech, or breechlock when closed and when the shotgun or rifle is cocked; the overall length of a  weapon made from a shotgun or rifle is the distance between the extreme ends of the  weapon  measured  along  a  line parallel to the center line of the bore. Firearm does not include an antique firearm.

A  person is guilty of criminal possession of a weapon in the fourth degree when:  (1) He possesses any firearm, ...

a.  Sections  265.01,  ... shall not apply to:
  1. Possession of  any  of  the  weapons,  instruments,  appliances  or substances  specified in sections 265.01, 265.02, 265.03, 265.04, 265.05 and 270.05 by the following:

    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.
    13-a. Except in cities not wholly contained within a single county  of the  state,  possession  of  pistols  and revolvers by a person who is a nonresident of this state while attending or traveling to or from, an organized convention or exhibition for the display of or education about firearms, which is conducted under auspices of, or approved by, the National Rifle Association and in which he is a registered  participant, 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 convention or exhibition program, convention or  exhibition  schedule  or convention or exhibition 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 paragraph, 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.

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.
Opn. No. 97-F4

PENAL LAW, ART 265, §§ 265.20(a)(1)(d), (11), (13) and (13a), 400.00; OFFICIAL CODE OF GEORGIA ANNOTATED §
16-11-126(e).

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.

March 13, 1997

Honorable Michael J. Bowers Formal Opinion
Attorney General of Georgia No. 97-F4
Att.: Carol Callaway
Senior Assistant Attorney General
40 Capitol Square SW
Atlanta, Georgia 30334-1300

Dear Attorney General Bowers:

You have asked whether the laws of New York recognize and give effect to a permit to carry a handgun issued by the State of Georgia. You note that 1996 amendments to the Official Code of Georgia Annotated (§ 16-11-126[e]) provide that if the laws of another state give effect to handgun permits issued by the State of Georgia, Georgia will honor handgun permits issued by that state under the same terms and conditions as if the permits were issued to Georgia residents by the State of Georgia.

New York Penal Law § 400.00 governs the issuance of licenses to carry, possess, repair and dispose of firearms. It contains no general provision recognizing or giving effect to permits issued by other states to their residents. We are not aware of any reciprocal agreements with other states concerning firearms. L. Thomas and J. Chamberlain, Gun Control in New York, 2d ed, Gunlock Press at p 197.

There are limited statutory authorizations for residents of other jurisdictions to carry firearms in New York. Penal Law Article 265 defines the offenses for unlawful possession of weapons. Section 265.20(a) provides exemptions from criminal liability in specific, defined circumstances. Among these are possession of a pistol or revolver by a police officer or sworn peace officer of another state while conducting official business in New York. Penal Law § 265.20(a)(11). Limited statutory exemptions also are provided for nonresidents who are licensed to carry firearms in accord with the laws of their states of residence who attend certain competitive shooting matches or gun shows in New York. Id. § 265.20(a)(13), (13a).

In a prior opinion, we concluded that United States Postal Police Officers who are issued Federal firearms permits that authorize them to carry firearms while on duty are within the exemption provided in section 265.20(a)(1)(d), which covers persons in the service of the United States pursuing official duties or those authorized by Federal law to carry firearms. We noted, however, that this exemption, as applied to the postal police officers, is strictly limited by their Federal firearms permits to on-duty activities and concluded that a postal police officer who wished to carry a firearm while off-duty in New York would have to comply with New York's licensing statute. Op Atty Gen No. 94-F3.

We conclude, with limited exceptions, that New York law does not recognize or give effect to licenses to carry firearms issued by the State of Georgia or any other state.

Very truly yours,

DENNIS C. VACCO
Attorney General