All counties in NYS must comply with provisions of the NYS Penal Law (Article 400 - Licensing, Article 265 - Firearms and Other dangerous Weapons) in regard to handgun licensing. NYS issues two type of licensing through counties; premise and carry. NYS PL 265.20(3) provides an exemption from criminal charges to anyone carrying a gun with a NYS pistol permit issued under Article 400. This permit may have restrictions. Carrying outside of the restrictions is not a criminal act but rather an administrative violation. However, the real sticking point is NY PL 400.00(2)(f) which states "A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof." The U.S. Court upheld that denying a CCW permit for personal protection does not violate the proper cause provision.
WHAT WESTCHESTER HAS DONE TO HURT RESIDENTS is that it successfully challenged in federal court the constitutionality of denying a permit to carry a concealed handgun. This upholds the county's position that granting licenses to carry concealed firearms is a matter of discretion to be decided by state authorities and is not a right. Apparently, the decision stated that refusing to issue a concealed carry permit is not a violation of the second amendment according to Heller. The Second Amendment Foundation filed a BRIEF OF AMICUS CURIAE in February 2011 in Westchester claiming that self defense is a legitimate reason for obtaining a handgun permit http://www.wcfoany.org/files/amicus%20brief.pdf. The worst part is that non-residents of Westchester County who hold a valid NYS CCW permit cannot be stopped from carrying a concealed firearm at this time. Very biased and unfair to residents of that county.
We can find no policy or law in Westchester limiting citizens' permits to "possess on premises" or to transport in a container if they posses a restricted CCW permit. If anyone can find any reference to this issue or county ordinance for Westchester please post it for everyone.
Thanks. BC out.
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