THANKS FOR LINKING TO THIS PAGE THROUGH THE
NEW YORK STATE RIFLE AND PISTOL ASSOCIATION
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GETTING A PISTOL LICENSE IN NY STATE
Click here
for the DISCLAIMER To get a license for a handgun
in New York State you must meet local County, State and Federal regulations.
These requirements can be meet by the average lawabiding citizen who does
not have any legal problems or other bars to owning a gun, is willing to
wait, is willing to fill in the paperwork and is willing to spend a small
amount of money to get a license. The requirements, in some cases,
do nothing to prevent crime or improve safety but they are based on laws
that originated in the early 1900's that were passed to "reduce crime".
After 100 years it would appear that many of the laws do not work but that
is what everyone wanting to own a handgun in NY State must deal with.
As a responsible and safe gun owner it is up to you to stay informed and
join with others to support local, state and national groups and clubs
that are working for your benefit.
You will have to deal with rules and
regulation on three levels, your local county, NY State and Federal.
Most of the rules on the local level are based on, or are a requirement
in State or Federal law but some counties do have additional special requirements
that should be easy to comply with. Please use this guide as a general
reference. It impossible to cover every minor rule or circumstance.
Laws can change quickly or court rulings can change the current interpretation
of a law. It is important that you stay informed. If you can
not find the information that you require or have any other questions please
contact your local gun store, club, police, a lawyer, or the NYSRPA.
Pistol license application follow the
following outline:
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Obtain an application from your local licensing agent, either
the local police or county clerk.
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Fill in the application and obtain any required character
references signatures and have your application Notarized.
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Be fingerprinted and submit your application.
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Wait while you are being investigated and your fingerprints
are sent to the FBI.
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After your fingerprints are returned from the FBI and the
investigation is completed your application is normally sent to your county's
Pistol License office and then forwarded to licensing officer for review
and decision.
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The paperwork will be returned to the Pistol License office
and they will send you a letter informing you of the outcome.
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If approved, you will have to go to the required
location to have your license validated by putting your thumbprint
on the back of
your license. You will also be given a slip to give to the
owner of the handgun that your are transferring to your license.
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Using your new license you can go to the store an
pick up your first handgun. Give them the Purchase Slip
and they will retain the slip for their records.
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You are now a legal handgun owner in New York State.
* Items in Italic are copied from Penal Law
or Court Rulings.
NY STATE REQUIREMENTS
Each county in the state decides how
to implement the state licensing system as outlined under NY State
Penal
Law 400. All counties will do a background check and investigation
you. You must meet the following requirement in all of
the counties. You must:
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be a resident of the county that you apply in.
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be 21 years old to be issued a license.
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have people willing to be character references.
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not be barred from owning a gun under federal or state law.
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be able to provide a set of fingerprints.
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provide 2 recent passport photos, (you
can have them taken at a post office or the Passport Office in Goshen.)
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answer all questions on an application.
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provide honest answers to all questions. (Supplying false
information constitutes sufficient reason for denial of the application.)
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pay the required fees to the NYSDCJS and your local County
Clerk.
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sign your application in front of a Notary Public who must
fill in the bottom right section.
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have all handguns that you own listed on your license.
Some counties might have additional requirements
such as the character references must be residents of the county or might
have to fill out an additional questionnaire. In some counties you
might also have to meet with your investigator and/or licensing officer.
OTHER GENERAL INFORMATION
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In almost all cases the licensing officer is a local county
Judge with some counties having many Judges sharing the workload.
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You can get information about where to get an application
from your local County Clerk's Office.
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State Law requires that you be issued a license within six
month or be given a reason why it is taking longer.
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You can apply for several types of licenses. Among
them are;
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The most popular license used is: "have and carry concealed,
without regard to employment or place
of possession, by any person when proper
cause exists for the issuance thereof". This is used for general
carry, sporting, target shooting and can be unrestricted, (preferred) or
restricted. (Restrictions are determined by your Judge or
other licensing officer.)
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The sometimes used: "(a) have and possess in
his dwelling
by a householder; (b) have and possess in his place
of business by a merchant or storekeeper;". (This license
is very limited. The gun is licensed for a specific location
and can be legally transported only under very specific conditions.)
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The law allows for several other rarely used or very specific
types of licenses such as, "justice of the supreme court in the first
or second judicial departments, or by a judge of the New York city civil
court or the New York city criminal court",
employment by state or local governments in specific jobs.
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You do not have to have a "spotless" record to get a license.
The law allows you to explain any arrest or other problem that you might
have in your background. Your licensing officer is the one who will
determine if you get a license, let them decide if you are "of good
moral character".
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Licenses in most counties are good for a
lifetime, they are not renewed. Some counties do have renewable
licenses such as NY City, Nassau, Suffolk and Westchester.
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If you are between 18 and 21 you can still
shoot a handgun without a license at a range under the supervision
if you follow the simple
requirement outlined under NY State law. See
PL 265.20, (7-e)
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If your licensing agent denies your license they, " ...
shall ... deny the application for reasons specifically and concisely
stated in writing ...".
AFTER YOU GET YOUR LICENSE
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A license issued outside of NY City "shall
not be valid within the city
of New York unless a special permit granting
validity is
issued by the police commissioner of
that city."
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You must submit an AMENDMENT to:
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add or remove
guns to your license. ($3) You
must submit
your amendment and be approved BEFORE you
purchase a handgun. You
will be given
a slip to give
to the FFL
or owner of
the handgun
before you can
take possession of
the added handgun.
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change your restrictions. ($3)
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if you move to another county. "Notification of any change
of residence shall be
made in writing by
any licensee within
ten days after such
change occurs, ... ".($3)
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to request a duplicate license. ($5 plus list of guns, 1
new photo and other minor requirement.)
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register different barrels that fit on the same handgun.
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AMENDMENTS must be approved by your licensing officer and
take from the same day to a month or more depending on the county.
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"Every licensee while
carrying a pistol or revolver shall have
on his or her person
a license to
carry the same." (The gun you
are carrying must be on the license that you are carrying.)
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Your licensing officer is statutorily invested with the
power to sua sponte, (at any time,) revoke or cancel a license.
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PL 400.10 1. "(a) Any owner or other person lawfully
in possession of a firearm, rifle or shotgun who suffers the loss or
theft of said weapon shall within twenty-four
hours of the discovery of the loss or theft report the facts and
circumstances of the loss or theft to a police department
or sheriff's office."
CLICK HERE FOR ADDITIONAL
INFORMATION IF YOU LIVE IN
NASSAU COUNTY
NEW YORK CITY, THE COUNTIES OF WESTCHESTER, AND SUFFOLK AND
A FEW CITIES HAVE SPECIAL REQUIREMENTS OR ADDITIONAL REQUIREMENTS
NOT COVERED BY THIS WEB PAGE AT THIS TIME.
This page is always being worked on. Please e-mail
me with any suggestions or corrections or to let me know how you like
this page.
OCShooters covers many topics related
to the shooting sports and owning a handgun in NY. While it is focused
on Orange County NY, it covers topics common to all of New York.
Information about :BUYING YOUR FIRST HANDGUN AND LEARNING TO SHOOT; FEDERAL
& NEW YORK STATE CONSTITUTION & RELEVANT NY STATE COURT RULINGS;
copies of related forms and other topics are covered in many major topics
covered in separate pages.
I made OC SHOOTERS to cover
only Orange County but I also want to show how much can be done in each
county to promote the local shooting sports using the web. The space
for this web page is free and I am sure that one person in each county
has the time to list just the basic information about shooting, getting
a pistol license, stores, locations, clubs and local people who make a
living in related areas for each county. If you are a member of a
club or a county group you can suggest that your club or group put the
information together and just have someone type it in. You do not
have to be fancy. I only used Netscape Composer and this is the first
time that I have done something like this. You do not have to cover
everything but you can link to my site or other sites to cover other information.
After it is published, you can link it with the NYSRPA and local clubs
that have a web site. (I put small flyers with pull-off tabs on the
bottom with my web site address in the local gun stores.) If I can
help anyone please e-mail me and I will do what I can.
George
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