II. Firearms Laws

C. State Laws

4. New York State and City Laws

   
   A summary of NY laws. See the CCW sections of the rec.guns faq
for additional info on the NY handgun permit system.
   
   8/12/95
   
   Handguns
   
   1) You need a permit to own or carry a particular handgun. There
is no exception for out-of-staters, except folks going to and from
a legitimate handgun competition, (New York Penal Law 265.20(13))
law enforcement (NYPL 265.20(11)) and military (NYPL 265.20(1)(d))
on official business, and out of state FFL dealers exhibiting
handguns at a gun show that is held outside NYC. (NYPL 265.20(13-
a)). Your only hope, should you need to transport a handgun through
NY, is federal law, 18 USC sec. 926A, which provides that if a gun
is legal at the start and end of a trip, no local laws can be
applied to it, provided the gun is unloaded, and in a locked place,
like a car trunk, or gun case, but not a glove box. Possession of
a loaded handgun without a permit, outside one's home or business,
is a class D felony in NY. (NYPL 265.02(4)). Possession in the home
is treated the same as possession of an unloaded handgun, a Class
A misdemeanor. (NYPL 265.01(1)).
   
   A NY permit issued outside of NYC is NOT valid in NYC, unless
you obtain a NYC certification, in essence you apply for a NYC
permit also. A NYC permit is good statewide. A non-NYC permit
holder may transport his guns through NYC if they stay in a locked
container, and there are no stops in the city on the trip. This is
by state law, the same effect would be had under the federal law
also. A permit holder may also buy a handgun in NYC, and legally
transport it out. (NYPL 400.00(6)).
   
   If the gun is inoperable, it is probably not subject to NY
firearms laws; like if it is welded up, for example. Courts have
interpreted the law as only applying to usable guns. NYC, however,
considers inoperable firearms contraband (outside of theatrical
productions), as they are toy guns which are too realistic-looking.
{ACNY 10-131(g), as interpreted in People v. Pearson, 85 Misc. 2d
1029 [1976]} If the gun is a black powder muzzle loading type it is
not subject to the law  unless you also have the supplies to shoot
it.

   Permits are applied for through the county sheriff in most
counties; although the permit is usually issued by a local supreme
court judge (the highest trial court in NY), except in NYC, and
Nassau and Suffolk counties. In NYC they are issued by the police
commissioner. On LI it is either the county sheriff or chief of
police in some towns. The person issuing the permit is the
licensing officer.      

   There are two different basic kinds of permits; premises and
carry. The types of permits are listed in NYPL 400.00(2); there are
6 different kinds all told; 2 are premises permits, and 4 are
various sorts of carry permits. Mere peons are only eligible for
three, a home premises permit, a business premises permit, or a
carry permit for proper cause. Some judges and some other persons
in particular occupations are entitled to carry permits, no need or
cause has to be shown.
   
   There is also an antique single shot muzzle loading pistol
permit, which is sort of irrelevant, in that you don't need a
permit for them if you don't wish to shoot them (ie possess the
supplies needed to shoot them also).  And if you do wish to shoot
them, you can have them on a regular permit also, if you also own
modern weapons.
   
   Premises allows you to have the gun at the listed location only.
Carry is needed to take a gun to the range, hunting, whatever. Many
licensing officers limit the carry permits to certain uses, like
target shooting or hunting, despite the fact that the law does not
expressly allow them to do that. The NY State Court of Appeals (the
highest NY state court) decided in the cases of Eddy v. Kirk, and
O'Connor v. Scarpino, both on 6/9/94, to uphold this use (abuse) of
discretion as a valid exercise of determining "proper cause" to
issue the permit, which the statute does require the licensing
officer find before issuing the carry permit. The thinking was that
there might be good cause to issue a permit for hunting, or target
shooting, but not for personal protection. A real (full) concealed
carry permit is hard to get in most of NY. As with a lot of places,
the more rural areas are more gun friendly.
   
   The permit is good for life, except for permits issued to
residents of NYC, and Nassau and Suffolk counties (Long Island),
which expire within three years of issuance (at the discretion of
the licensing officer), even if you move during that time to a
county with life permits. (NYPL 400.00(10)). If you live in a place
where the permits expire, you have a 30 day grace period after
expiration to get a new permit.
   
   You apply in the county in which you reside, or have a place of 
business. While the law contemplates a licensing officer issuing a
premises permit (only) to an out of state resident, (NYPL
400.00(3)(a), and 400.00(7)) it is not often done.  You will have
to have a way to convince the licensing officer where the premises
are located of why you need a permit; he must mark it with the
reason it was issued and who vouched for your good character.  This
would apply to someone who lived in a neighboring state, but had a
business in NY, for example.  Additionally, a licensing officer has
such broad discretion under the statute that they could issue a
carry permit to a non-resident of NY, although the law does not
really make provision for that.   There is no statutory age limit
on who may receive a permit.  If you are under 21, you will not be
able to obtain a handgun from a federally licensed dealer.  However
a minor might need a permit to be able to legally possess his
parent's handguns, for example.

   The permit process generally involves filling out an
application, getting fingerprinted 5 or more times, providing 5
identical photographs, filling out a release for the gathering of
personal information, and providing personal references (when I
applied, in 1990, Westchester county required 4, all county
residents, and each had to supply a notarized recommendation
letter, as well as personally signing your application which you
submitted in triplicate), as well as ponying up some money (the
fees are fixed by the state, except in NYC, and Nassau county,
which may set them themselves (NYPL 400.00(14)), it was $54 then,
I know it has gone up, there is a fingerprint fee, as well as other
separate fees). Some gun shops and enterprising individuals will
help you, for money, with the permit process. Especially in NYC,
although it is essentially as outlined above, some people are
intimidated by it. Professional help might be needed to get an
unrestricted carry permit in places that don't issue them as a
matter of course.
   
   It should also be noted that while NY law expressly pre-empts
the field of handgun regulation (NYPL 400.00(6)), the permits, and
process in NYC diverges to an extent from the statutory scheme.
Basically, NYC does as it pleases. For instance it issues
restricted carry permits for target use only, and imposes storage
and transport requirements on handguns used with the permit.
Ignoring administrative restrictions on a NYC carry permit, as to
storage, transport, or use will not, in most cases, be the basis
for a sucessful criminal prosecution, as what is a crime, and what
is an exception to the crime, is set by state law. However ignoring
the restrictions on a carry license, including a restricted upstate
carry license, can be the basis for an administrative action to
revoke, or refuse to renew a license. This faq is intended to be a
general guide, if you are interested in the nitty gritty details,
I urge you to spring for the book noted at the end, it will give
you the information needed to make a decision on what you can and
cannot do with your license; and what legal significance your
license has, regardless of the BS printed or stamped on its face.
   
   It usually takes around 6 months to get the permit. Each
additional handgun purchase must be preceded by getting an amended
pistol license, listing that new handgun. Some licensing officers
will not allow more than x handguns on a carry permit, as they have
discretion in issuing them and feel you need to show special
circumstances to have more than x (usually 4-5) guns on a carry
permit. The licensing officers have no discretion in issuing a
premises permit, it can have 100 guns on it, but you cannot remove
them from the address listed on the permit. A good solution if you
have a pistol collection you do not intend to shoot. Or if you have
land on which you can shoot adjacent to your residence. A carry
permit can be transferred to a new county, should you move. A
premises permit is void off those premises, you would have to re-
apply if you move. The permit application in NY is a public record;
sometimes the NYC papers will run articles listing folks who have
unrestricted carry permits good in NYC.
   
   If you move into the state you may not legally possess any
handguns you might own. You may: deliver them to the custody of the
local police, who must safeguard them until you get a permit, or at
your direction will dispose of them to a licensed pistol dealer
(you need a state license to deal in, or repair, handguns in NY.
But only an FFL to deal in long guns). You should also be able to
deliver them to the custody of a state licensed pistol dealer. My
personal preference is to leave them out of state until you get the
permit, then move them in.
   
   It is also illegal for you to handle or shoot a handgun in NY
unless you have a permit, in which case you may try out friends'
guns at a range or whatever. In order to teach someone how to shoot
the student needs to have a permit, or needs to comply with a
training exemption section that amounts to the same thing as
getting a permit. (NYPL 400.00(3)(b)).

   Rifles and shotguns
   
   2) No permit is needed to buy or own any long gun. Except NYC.
NYC requires you have a license to own or carry a long gun as well.
They will issue them to non-city and non-state residents. You may
transport a long gun through NYC w/o their permit. You may linger
in NYC for 24 hours with your long gun (including an "assault
weapon" by their definition) while moving it from a place where it
was legal to another place where it is legal, as long as it is
unloaded and locked up, by city ordinance. (ACNY 10-305(i)). City
residents have 72 hours after acquiring long guns to register them.
Albany, Rochester, and NYC have ordinances on "assault weapons".
They purport to ban some guns as assault weapons.
   
   3) All NFA weapons are banned in NY, except large bore
destructive devices (mortars, breech loading cannons, and others,
and the evil Street Sweeper, Striker 12, and USAS-12 shotguns,
unless barred by a local "assault weapon" ordinance), and possibly
some Any Other Weapons, the law is unclear, and I have never
bothered to get an opinion from an authoritative source.
   
   4) NY does not regulate ammunition sales or possession beyond
the usual, no felons and so on. NYC bans the possession of any
ammunition or an ammunition feeding device (i.e., magazine, etc.)
for a firearm for which one is not licensed. [See 10-131(i), added
in 1/1991]. 

   You really need to get the following book: "Gun Control in New
York", by Lee O. Thomas, and Jeffrey Chamberlain. It contains the
text of all the NY, NYC (and other cities) laws, with commentary,
and the procedures for getting a pistol permit, with specifics on
how to fill the forms out. It also has (old) copies of pistol
license applications from famous persons in it, which are good for
a chuckle. It is a little weak in its section covering the laws in
other, adjacent states, as well as federal gun laws, which are just
a small section in it. The stuff on NFA weapons in it, in
particular, is sort of misleading. It is now (2d Edition) published
in ring binder form, so pages that contain laws that are changed
can be removed and replaced, keeping the book current, if you sign
up for updates with the publisher. The publisher is The Gunlock
Press, PO Box 776, Guilderland, NY 12084.
   
   You should also join the NY State Rifle and Pistol Association.
They are the state NRA organization, and put out a newsletter every
other month. They are also the main pro-gun lobbyists in NY, and
have successfully fended off several attempts to change the handgun
permit laws (much increased fees, expiration dates for all permits,
for example) and state and local bans or regulation of so called
assault weapons, among other gun control initiatives.
   
   Get the book from NYSRPA - $28.00 postpaid. Join the same at $15
a year. NYSRPA PO Box 1023 Troy NY 12181 (518) 272-2654. Or you can
join the NYSRPA (only) at their 1800 number, 1-800-469-7772 with a
credit card.