getting a ccw permit if you have a restricted permit in a different county - Page 2
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getting a ccw permit if you have a restricted permit in a different county

This is a discussion on getting a ccw permit if you have a restricted permit in a different county within the Concealed Carry Discussion forums, part of the Main Category category; Lot's of bad advice here. If you're in NYS your permit is good for life. Moving doesn't require you re-apply, ...

  1. #11
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    Lot's of bad advice here. If you're in NYS your permit is good for life. Moving doesn't require you re-apply, you only need to file an address change in the new county. The new permit may come back restricted, especially if you're young. Restrictions are lifted by filing an amendment to the existing license.
    GOD, GUNS and GUITARS

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    Quote Originally Posted by nogods View Post
    New York State, unlike some supposedly more friendly gun states, does not restrict permit holders from possessing a loaded weapon in a bar or restaurant.

    The "restrictions" we are speaking about come from the issuing judge. Many counties have a policy of restricting first time pistol permit owners to "hunting and target practice" or "recreation and target practice", the intent of which is to prevent the first time pistol permit holder from wandering around with his or her loaded weapon.

    The restrictions are administrative only. That is, the issuing judge could revoke your permit if you are caught breaking the restrictions, but you couldn't be prosecuted for breaking the law because the law doesn't recognize such restrictions.
    Absolutely correct!
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    Quote Originally Posted by BC1 View Post
    Lot's of bad advice here.
    What? I don't see a single sentence in this thread that goes against your post (unless you count the posts about MA, or the OP who is looking for answers). Bad advice, or just not worded the same as you?


    ...And to the poster asking "what restrictions?", its important to understand that NY requires a permit just to own a handgun. All permits are for a "License to carry pistol", but the judge can put restrictions on it such as a "premise license" allowing you to only have it at home or your business. Some counties restrict almost all permits while others don't restrict any. In effect, your "carry permit" can be restricted to where you can't carry at all; but can only have it in the home or at a range.

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    You have to transfer your permit to new.county and if that county only issues unrestricted permits then your good best bet is to call new county permit office

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    So these are not "concealed weapons permits", just like Illinois F.O.I.D. card,only really allowing you to have a gun in your house. NY and California,and Illinois gun laws suck. Here in Washington State,we can carry concealed with a "concealed pistol Lic.". Almost everywhere, but bars,schools,jails.
    It's already legal to have a gun in our homes,without any permits.

  6. #16
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    This is true i have two residence's in ny erie and chautauqua counties i tried this we need 4 refeance's that know you well from your town! but in erie county you are allowed refeances from your county. i just went and asked the pemit office in buffalo.

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    Quote Originally Posted by BC1 View Post
    Absolutely correct!
    So if I got my restricted permit in the first county, I could transfer it to the new county, with it most likely being still restricted, but I can file for an amendment to make it unrestricted? Is that roughly the idea?

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    Mulligan v. Williams, 169 A.D.2d 280 (3rd Dept 1991):

    Petitioner moved from one county to another, and when he sought to register an additional firearm, the county where he had obtained an unrestricted license to carry a concealed pistol many years before directed him to his new county of residence. Respondent, the licensing officer of the new county, issued what purported to be a duplicate license, but restricted the license to hunting and target shooting. Petitioner, who had been employed as a private investigator and hoped to work in that field again, brought a N.Y. C.P.L.R. 78 proceeding, alleged that respondent's action in restricting his license was unauthorized, and sought a court order directing respondent to remove the restriction from his pistol license. The court held that under N.Y. Penal Law 400.00(10), a license remained in force and effect until revoked. Under 400.00(5), a licensee who changed his place of residence was only required to apply for a transfer of any records to the appropriate officer at the licensee's new place of residence. The court held that a license did not expire simply because the licensee moved to another county and, therefore, petitioner's unrestricted license remained in effect.

    The court held that petitioner's original unrestricted license to carry a concealed pistol remained in effect, despite his move from one county to another, and directed that the unnecessary duplicate license be voided.

    However, 3 years later the NY Court of Appeals (NY's highest court) decided O'Brien v. Keegan, 87 N.Y.2d 436:

    Petitioner, who held a carry concealed license restricted to hunting and target practice, applied twice to amend the license to cover additional firearms and to remove hunting and target practice restrictions. Petitioner's application was granted both times without a proper cause inquiry. The third time petitioner applied to amend license, a different licensing officer, the respondent, reviewed application and concluded that petitioner failed to show proper cause to hold an unrestricted carry concealed license under N.Y Penal Law 400.00(2)(f) and restricted license to hunting and target practice. Petitioner challenged this determination pursuant to N.Y. C.P.L.R. 506(b)(1) contending that the licensing officer was not authorized to modify valid unrestricted license. The appellate division granted the petition, lifting the restrictions, holding that application for amendment of license did not trigger opportunity for proper cause hearing. On appeal, the court disagreed and reversed, holding that petitioner's inability to show a need to carry several concealed firearms supported respondent licensing officer's finding that there was no proper cause to justify an unrestricted license.

    The court reversed the ruling. The application for amendment of the license did trigger the opportunity for respondent licensing officer to conduct a proper cause hearing, and because petitioner was unable to establish the need to carry several concealed firearms, respondent was justified in finding that there was no proper cause for an unrestricted carry concealed license.

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    An important distinction about the cases Nogods posted is that they involved moving to a MORE restricted county. The OP would be moving from a restrictive county to a less restrictive county. He has more chance of getting a newly unrestricted permit than those people had of keeping theirs unrestricted in their anti-gun areas.

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    Quote Originally Posted by tj_cubin View Post
    What? I don't see a single sentence in this thread that goes against your post (unless you count the posts about MA, or the OP who is looking for answers). Bad advice, or just not worded the same as you?


    ...And to the poster asking "what restrictions?", its important to understand that NY requires a permit just to own a handgun. All permits are for a "License to carry pistol", but the judge can put restrictions on it such as a "premise license" allowing you to only have it at home or your business. Some counties restrict almost all permits while others don't restrict any. In effect, your "carry permit" can be restricted to where you can't carry at all; but can only have it in the home or at a range.
    Some posters are telling the OP he must get a new license. He does not get a new license, he files an amendment to his existing CCW permit. We're in the permit services business, handling hundreds of new applicants and amendments per year. Just want to ensure the OP knows his permit is good for life.
    GOD, GUNS and GUITARS

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