License to carry is hereby Granted, NYS
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Thread: License to carry is hereby Granted, NYS

  1. #1

    License to carry is hereby Granted, NYS

    I have had this lienese to carry for 30 some years in the state of ny, if I move to another state and make it my home state do I keep my permit from ny state.

    need some answers for others like myself. yes I will be getting my linense in another state as well..

  2.   
  3. #2
    Quote Originally Posted by one each View Post
    I have had this lienese to carry for 30 some years in the state of ny, if I move to another state and make it my home state do I keep my permit from ny state.

    need some answers for others like myself. yes I will be getting my linense in another state as well..
    You say you have a NY license...but your location shows SC? Where do you currently live?

  4. #3
    sc, were looking to keep our nys permits cause we still pay taxes on land up there we own and there is no laws that I can find stating we have to turn in our permits even if we have moved to another state..

  5. #4
    Join Date
    Jul 2009
    Location
    long island, ny
    Posts
    24
    ny does not have non resident licenses. if you move from the state you are now a non resident and they want you to turn in your license. unless you vote and have a ny drivers license from the property you own here you are not a resident. and the rule to turn in applies. its in the ny gun laws . you can read them at the nra site or on the gunbroker.com site.

  6. #5
    Quote Originally Posted by mrwood3 View Post
    ny does not have non resident licenses. if you move from the state you are now a non resident and they want you to turn in your license. unless you vote and have a ny drivers license from the property you own here you are not a resident. and the rule to turn in applies. its in the ny gun laws . you can read them at the nra site or on the gunbroker.com site.
    I looked in NYS Penal Law section 400 but I didn't see any requirement that a license be surrendered when the person becomes a non-residence. In fact, there is even language about issuing licenses to aliens:

    "If such license is issued to an alien, or to a person not a citizen of and usually a resident in the state, the licensing officer shall state in the license the particular reason for the issuance and the names of the persons certifying to the good character of the applicant."

    The problem with getting such a license is that you have to apply in the county of your primary residence, and if you don't reside in New York, you wouldn't have a place to make an application, although nothing stops a county from issuing a license to a non-resident if the county wants to.

    Given that, I don't think the op would have to surrender his NY license just becaused he moved. However, if he applied to have the address changed, it might be revoked for being a non-resident, although there is some question as to whether that would be a justifiable reason. "Notification of any change of residence shall be made in writing by any licensee within ten days after such change occurs, and a record of such change shall be inscribed by such licensee on the reverse side of his license." Failure to make the application within the 10-day period probably would be suffcient reason to revole the license.

  7. #6
    Quote Originally Posted by nogods View Post

    Given that, I don't think the op would have to surrender his NY license just becaused he moved. However, if he applied to have the address changed, it might be revoked for being a non-resident, although there is some question as to whether that would be a justifiable reason. "Notification of any change of residence shall be made in writing by any licensee within ten days after such change occurs, and a record of such change shall be inscribed by such licensee on the reverse side of his license." Failure to make the application within the 10-day period probably would be suffcient reason to revole the license.

    No...more than likely the license is good until it expires. OP just wouldnt be able to renew.

    One Each: Have you had to deal with a renewal while living in SC yet?

  8. #7
    NYS permits are issued for life, or until revoked. You are required to notify an address change within 10 days.

    When you move out of state you are required to surrender your permit.

    From the Genesee County Pistol Permit Unit:

    What if I move out of the State?
    Your license is only valid in New York State. Therefore, you should voluntarily surrender your license with possible reinstatement if you return to New York. However, if you move out of state without notification, your pistol license will be deemed revoked and original application procedures would apply if you return.

    If your residence is more than 51% in NY, then you could keep your permit and obtain a SC non-resdient permit if you own property in SC.

    Although the penal code does not specify this, it is common practice. Restrictions are not mentioned in the penal code either, and they have been upheld in court as ok.

  9. #8
    Quote Originally Posted by Sights on Target View Post
    Although the penal code does not specify this, it is common practice. Restrictions are not mentioned in the penal code either, and they have been upheld in court as ok.
    That is correct, and sometimes bureaucrats do the same thing. I found a case from 2003 (Bach v. Pataki)in which a non-resident sued New York state in federal court because he was told, in writing, by the division of criminal Justice that the state would not issue a handgun permit to a non-resident (despite his stellar credentials.)

    He did not challenge the DCJ's decision on the basis of state law. It would have been interesting to see if the New York courts agreed that the law does not allow issuance of permits to non-residents. Instead, he challenged it on federal constitutional grounds. The court first addressed whether the second amendment provided a collective right or an individual right. It held that the 2nd did not provide an individual right and therefore the state's refusal was to be reviewed on the "rational basis" test rather than the more stringent "strict scrutiny under the Equal Protection Clause."

    The court went on to find that NY's refusal to license non-residents passed the rational basis test.

    If the SCOUTS holds that the 2nd applies to the states, then under Heller, a case like Bach might be decided differently because the court may be compelled to apply the strict scrutiny test.

    Outside of the courts, there is a bill pending in New York to filter all non-resident applications through Albany County - the bills sponsor apparently believes, unlike the DCJ, that NY law does allow for the issuance of permits to non-residents, but that the process for obtaining one is not clear. Here is the bill sponsor's statement in support of the bill:

    Although non-residents of New York State are not precluded from being licensed to possess a gun in New York State, the process is hampered in part by language that encourages a permit applicant to make such application in the county where he/she is a resident.

    Furthermore, there is no central registry for out-of-state license holders allowing for inconsistent registry information depending upon the county that processed the application.

    This legislation provides a consistent process with a central application office, yet still insures responsible gun possession by requiring that the applicant hold a valid firearm license from their home state as well as subjecting him/her to a new background check.

    So maybe change is coming.

  10. #9
    Quote Originally Posted by Sights on Target View Post
    NYS permits are issued for life, or until revoked. You are required to notify an address change within 10 days.

    When you move out of state you are required to surrender your permit.

    From the Genesee County Pistol Permit Unit:

    What if I move out of the State?
    Your license is only valid in New York State. Therefore, you should voluntarily surrender your license with possible reinstatement if you return to New York. However, if you move out of state without notification, your pistol license will be deemed revoked and original application procedures would apply if you return.

    If your residence is more than 51% in NY, then you could keep your permit and obtain a SC non-resdient permit if you own property in SC.

    Although the penal code does not specify this, it is common practice. Restrictions are not mentioned in the penal code either, and they have been upheld in court as ok.
    Hmmm....now the way i read that...they are saying that because the NY permit is only good in NY, if you move out of state you should surrender it...not that you must return it. Who's to say you wont still be visiting routinely?

    So as long as OP informs them of the address change, he should be able to keep it...IMO.

  11. #10
    Quote Originally Posted by Sights on Target View Post
    NYS permits are issued for life, or until revoked. You are required to notify an address change within 10 days.

    When you move out of state you are required to surrender your permit.

    From the Genesee County Pistol Permit Unit:

    What if I move out of the State?
    Your license is only valid in New York State. Therefore, you should voluntarily surrender your license with possible reinstatement if you return to New York. However, if you move out of state without notification, your pistol license will be deemed revoked and original application procedures would apply if you return.

    If your residence is more than 51% in NY, then you could keep your permit and obtain a SC non-resdient permit if you own property in SC.

    Although the penal code does not specify this, it is common practice. Restrictions are not mentioned in the penal code either, and they have been upheld in court as ok.
    I see you are from N.Y. I have a friend in the Columbia County area and she wants to get her carry permit.

    Is it going to be hard for her to obtain one in that area? Any suggestions as to how she could go about getting that done? I was always under the impression it was hard to obtain a ccw permit in N.Y? Any info would be great.

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