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Thread: New York State Gun Reatrictions

  1. #11
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    Quote Originally Posted by JimTh View Post
    If you have a gun...go register it now! Quick! If you want to buy a gun go to the police barrack and ask for permission. If you want to carry it outside the house...go ask for permission. If you want a bullet go ask Barney Phyfe and borrow his bullet...Andy will give him another one. God Almighty...New Yukk, huh.
    You don't need permission to buy a gun or ammo in NYS.
    GOD, GUNS and GUITARS

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  3. #12
    Quote Originally Posted by BC1 View Post
    You don't need permission to buy a gun or ammo in NYS.
    this info is far from correct, while I don't know the deal for all of NYS I do know that in NYC, nassau, suffolk, westchester counties not only do you need permission from the government to buy a gun, you need to bring them the specific serial numbers off of the guns you intend to purchase then wait a good long time for their blessing of your purchase, and don't even think of multiple purchases
    instructors are a huge source of poor info

  4. #13
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    Quote Originally Posted by apvbguy View Post
    this info is far from correct, while I don't know the deal for all of NYS I do know that in NYC, nassau, suffolk, westchester counties not only do you need permission from the government to buy a gun, you need to bring them the specific serial numbers off of the guns you intend to purchase then wait a good long time for their blessing of your purchase, and don't even think of multiple purchases
    instructors are a huge source of poor info
    Let me clarify this a little. NYC is not covered by state law. They have their own firearm laws, licensing and limitations, some of which are codified into state law and different from the rest of the state. A state CCW license is no good in NYC. Some of us have both NYS and NYC.
    .
    Regarding permission I'll keep it short. NYS requires you amend your permit to add the new gun (NYS PL 400.00). That's all. You may not... MAY NOT, be denied the purchase of the gun as long as you have a CCW permit. If you're not suitable to posses a firearm under Article 265 your permit has already been revoked. There is no limit to the number of handguns you can own or list on a permit. The process you're referring to is merely a permit amendment. No different than filing a change of address. It's the same form. Takes a couple of days to get the new permit in the mail.
    .
    Multiple purchases are not an issue. There is no law prohibiting the purchase of multiple handguns. I purchased a G26 and a Ruger LC9 together and registered them together. One of my instructor just added his 99th handgun. You have to learn the law. You can't just spout this stuff out.
    .
    Lastly, I'm not a "gun instructor." I'm an investor and retired owner of a large tech consulting firm with an Ivy league education. I now teach the NYS penal law in a number of programs... for fun. I own PPA but rarely teach a gun class. At PPA our main-stay is basic pistol, shooting fundamentals, personal protection, obtaining permits and filing amendments for people who don't have time to handle the process. We're very good at this and have done thousands. More than a few USA Carry members have come to us for these services. We discount USA Carry members deeply. We excel in the state penal law, provide expert witness testimony and have a criminal defense attorney as one partner. As a former NYC District Attorney, he specializes in firearms and gun crime. His law partner is also "of counsel." I have never seen an amendment denied in 20 years of doing this. Neither have the lawyers.
    .
    Wait time is 2-3 days for pickups or a week if you want it mailed. R-e-a-d----t-h-e----l-a-w and you'll know this stuff. Forget the banter, conjecture and rumor you hear from others who don't live in NYS or have experience with the law.
    GOD, GUNS and GUITARS

  5. #14
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    Quote Originally Posted by apvbguy View Post
    this info is far from correct, while I don't know the deal for all of NYS I do know that in NYC, nassau, suffolk, westchester counties not only do you need permission from the government to buy a gun, you need to bring them the specific serial numbers off of the guns you intend to purchase then wait a good long time for their blessing of your purchase, and don't even think of multiple purchases
    instructors are a huge source of poor info
    We wont tell you what FL gun laws are and you dont tell us what our gun laws are. I can buy a long gun and handgun while taking possession of it the same day.

    Just keep pretending like you're an expert on NY gun laws because you read an unSafe Act article.

  6. #15
    Quote Originally Posted by CarryInNewYork View Post
    We wont tell you what FL gun laws are and you dont tell us what our gun laws are. I can buy a long gun and handgun while taking possession of it the same day.

    Just keep pretending like you're an expert on NY gun laws because you read an unSafe Act article.
    maybe YOU can, but residents of NYC and the counties near NYC need a permission slip to buy any handgun, the last time I looked those places were in NY state, so your comment that no permission slip is necessary in NY is obviously your proclamation is not quite right

  7. #16
    Quote Originally Posted by BC1 View Post
    Let me clarify this a little. NYC is not covered by state law. They have their own firearm laws, licensing and limitations, some of which are codified into state law and different from the rest of the state. A state CCW license is no good in NYC. Some of us have both NYS and NYC.
    .
    Regarding permission I'll keep it short. NYS requires you amend your permit to add the new gun (NYS PL 400.00). That's all. You may not... MAY NOT, be denied the purchase of the gun as long as you have a CCW permit. If you're not suitable to posses a firearm under Article 265 your permit has already been revoked. There is no limit to the number of handguns you can own or list on a permit. The process you're referring to is merely a permit amendment. No different than filing a change of address. It's the same form. Takes a couple of days to get the new permit in the mail.
    .
    Multiple purchases are not an issue. There is no law prohibiting the purchase of multiple handguns. I purchased a G26 and a Ruger LC9 together and registered them together. One of my instructor just added his 99th handgun. You have to learn the law. You can't just spout this stuff out.
    .
    Lastly, I'm not a "gun instructor." I'm an investor and retired owner of a large tech consulting firm with an Ivy league education. I now teach the NYS penal law in a number of programs... for fun. I own PPA but rarely teach a gun class. At PPA our main-stay is basic pistol, shooting fundamentals, personal protection, obtaining permits and filing amendments for people who don't have time to handle the process. We're very good at this and have done thousands. More than a few USA Carry members have come to us for these services. We discount USA Carry members deeply. We excel in the state penal law, provide expert witness testimony and have a criminal defense attorney as one partner. As a former NYC District Attorney, he specializes in firearms and gun crime. His law partner is also "of counsel." I have never seen an amendment denied in 20 years of doing this. Neither have the lawyers.
    .
    Wait time is 2-3 days for pickups or a week if you want it mailed. R-e-a-d----t-h-e----l-a-w and you'll know this stuff. Forget the banter, conjecture and rumor you hear from others who don't live in NYS or have experience with the law.
    once again you are not quite accurate, in NYC, Nassau and Suffolk counties YOU NEED TO GET A PERMISSION SLIP, AKA APPROVAL FROM THE LICENSING AGENCY IN ORDER TO BUY A HANDGUN. YOU NEED TO PROVIDE THE MAKE MODEL CALIBER AND SERIAL NUMBER OF THE WEAPON YOU INTEND TO PURCHASE AND THEY WILL NOT ALLOW MULTIPLE PURCHASES. now it could be that these jurisdictions are making up laws and regs as they go but those who live within the confines of those places are bound to follow the rules in place. and for what is't worth I lived in NYC for longer than I care to let on, and I had a pistol permit. what goes on up in podunk is not what goes on in the counties around NYC

  8. #17
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    Quote Originally Posted by BC1 View Post
    .............
    .
    Regarding permission I'll keep it short. NYS requires you amend your permit to add the new gun (NYS PL 400.00). That's all. You may not... MAY NOT, be denied the purchase of the gun as long as you have a CCW permit. If you're not suitable to posses a firearm under Article 265 your permit has already been revoked. There is no limit to the number of handguns you can own or list on a permit. The process you're referring to is merely a permit amendment. No different than filing a change of address. It's the same form. Takes a couple of days to get the new permit in the mail.

    .......
    What if you do not have a CCW permit from NY in NY? Can you just walk in, buy the gun, wait out the waiting period and then take the gun home? If not, then you do have to get the state's permission to own as you had to get the permit in the first place. As handgunlaw.us lists a premise permit as one type of license, I'd say yes your state does require gov't approval before you can own.

    To quote your own state's laws:
    2. Types of licenses. A license for gunsmith or dealer in firearms
    shall be issued to engage in such business. A license for a pistol or
    revolver, other than an assault weapon or a disguised gun, shall be
    issued to (a) have and possess in his dwelling by a householder; (b)
    have and possess in his place of business by a merchant or storekeeper;
    (c) have and carry concealed while so employed by a messenger employed
    by a banking institution or express company; (d) have and carry
    concealed by a 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; (e) have and carry concealed while so
    employed by a regular employee of an institution of the state, or of any
    county, city, town or village, under control of a commissioner of
    correction of the city or any warden, superintendent or head keeper of
    any state prison, penitentiary, workhouse, county jail or other
    institution for the detention of persons convicted or accused of crime
    or held as witnesses in criminal cases, provided that application is
    made therefor by such commissioner, warden, superintendent or head
    keeper; (f) have and carry concealed, without regard to employment or
    place of possession, by any person when proper cause exists for the
    issuance thereof; and (g) have, possess, collect and carry antique
    pistols which are defined as follows: (i) any single shot, muzzle
    loading pistol with a matchlock, flintlock, percussion cap, or similar
    type of ignition system manufactured in or before l898, which is not
    designed for using rimfire or conventional centerfire fixed ammunition;
    and (ii) any replica of any pistol described in clause (i) hereof if
    such replica--
    So I'd say that no matter how you look at it, in NY state you have to have your gov't permission just to own the gun. If you have to have a premise permit to have the gun in your home, you are getting permission from your gov't. If you can do a face to face buy of a handgun and just take it home legally, then you are not getting your gov't permission. Why do you need the gov't's permission for how you can carry your gun in your own home? Florida's laws may not be the best but anyone who can legally own a gun can have it at home and not get the state's permission to do it.
    NRA Certified Pistol Instructor
    NRA Certified RSO
    Normal is an illusion. What is normal to the spider is chaos to the fly.

  9. #18
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    Quote Originally Posted by apvbguy View Post
    once again you are not quite accurate, in NYC, Nassau and Suffolk counties YOU NEED TO GET A PERMISSION SLIP, AKA APPROVAL FROM THE LICENSING AGENCY IN ORDER TO BUY A HANDGUN. YOU NEED TO PROVIDE THE MAKE MODEL CALIBER AND SERIAL NUMBER OF THE WEAPON YOU INTEND TO PURCHASE AND THEY WILL NOT ALLOW MULTIPLE PURCHASES. now it could be that these jurisdictions are making up laws and regs as they go but those who live within the confines of those places are bound to follow the rules in place. and for what is't worth I lived in NYC for longer than I care to let on, and I had a pistol permit. what goes on up in podunk is not what goes on in the counties around NYC
    Once again you are wrong. Why would you doubt me? We handle permits in these counties. There are some differences in these counties with other provisions. For example Westchester requires a training class. But the law is clear that no licensing officer may deny an amendment for reasons deemed "arbitrary and capricious." And we're not in the Podunk. We're 45 minutes from Manhattan. What they're doing is keeping track of the guns, which is also bad. So if your gun is found at a crime scene you have a problem unless you reported it stolen.
    .
    Here's the law once and for all.
    .
    400.00 (9) License: amendment.
    .
    Elsewhere than in the city of New York, a person licensed to carry or possess a pistol or revolver may apply at any time to his licensing officer for amendment of his license to include one or more such weapons or to cancel weapons held under license. Elsewhere than in the city of New York, and in the counties of Nassau and Suffolk, such notification shall be made to the executive department, division of state police, Albany, and in the city of New York to the police commissioner of that city, and in the county of Nassau to the police commissioner of that county, and in the county of Suffolk to the licensing officer of that county, who shall, within ten days after such notification shall be received by him, give notice in writing of such change to the executive department, division of state police, at Albany.
    .
    Now read the law. It's a notification. You aren't asking permission and they do not have the right to deny the gun unless they're revoking the license. You are notifying them that you have purchased a gun. It's handled by a frigging secretary for crying out loud. the judges don't even bother with them. Again, read the law. It does not say that the licensing official has a right of denial for any amendment. That's it. That's the entire law. I don't know where your getting your info, but... once again... READ THE LAW. And read the form (https://www.troopers.ny.gov/Firearms/PPB-5.pdf). It's an amendment form.
    .
    Find me case law to the contrary, whereby a person in NYS (not NYC) was denied the purchase of a handgun or of multiple guns but who's license wasn't revoked and remained in effect. I emailed your post to my buddy, a criminal law attorney who's worked closely with me for decades. He's cracking up; just like he was when the rumors were abound that people on medications are getting revoked. Maybe you should take over my NY Penal Law class on the SAFE Act.
    GOD, GUNS and GUITARS

  10. #19
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    Quote Originally Posted by S&W645 View Post
    What if you do not have a CCW permit from NY in NY? Can you just walk in, buy the gun, wait out the waiting period and then take the gun home? If not, then you do have to get the state's permission to own as you had to get the permit in the first place. As handgunlaw.us lists a premise permit as one type of license, I'd say yes your state does require gov't approval before you can own.

    To quote your own state's laws:

    So I'd say that no matter how you look at it, in NY state you have to have your gov't permission just to own the gun. If you have to have a premise permit to have the gun in your home, you are getting permission from your gov't. If you can do a face to face buy of a handgun and just take it home legally, then you are not getting your gov't permission. Why do you need the gov't's permission for how you can carry your gun in your own home? Florida's laws may not be the best but anyone who can legally own a gun can have it at home and not get the state's permission to do it.
    No. You can't walk into a store in NY and even touch a gun. But I can walk-in and buy the gun. And I have the amendment before the waiting period is up so there's no more of a delay in me picking up my gun than you... three days. And I have the receipts to prove it. This is nearly it's the same in nearly every state. You can't walk-in being a non-resident and just walk away with a handgun. I can sell my handgun to another person privately as long as they register the gun. Open carry is another thing. And Viagra is safer than open carry (ooooohhh!)... unless you take nitrates for chest pain.
    .
    If you're gonna quote the law you have to get it right too. You ask "Why do I need my state's permission to carry a gun in my own home?" Well, actually that's not illegal. NY penal law exempts from prosecution persons using an illegal handgun within their own home for purposes of self defense. See the law below and People v. Raymond Zayas where he shot a LEO through the door with an illegal Glock as the officer was entering. The conviction was overturned on appeal because he was exempt. Now, in Florida, as in every state, you still need permission from the federal government in the form of BATFE Form 4473. Fail that BG check and no gun. So isn't this really just semantics? Doesn't everyone need permission to buy a gun at any retail outlet?
    .
    NYS PL 265.03 - Criminal Possession of a Weapon - C felony
    3. (3) such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.
    .
    But AVP isn't talking about that, he's saying that those with a CCW permit need permission to buy a gun and it's just not so. Wanting it to be true isn't enough; it has to actually be true.
    GOD, GUNS and GUITARS

  11. #20
    Quote Originally Posted by BC1 View Post
    Once again you are wrong. Why would you doubt me? We handle permits in these counties. There are some differences in these counties with other provisions. For example Westchester requires a training class. But the law is clear that no licensing officer may deny an amendment for reasons deemed "arbitrary and capricious." And we're not in the Podunk. We're 45 minutes from Manhattan. What they're doing is keeping track of the guns, which is also bad. So if your gun is found at a crime scene you have a problem unless you reported it stolen.
    .
    Here's the law once and for all.
    .
    400.00 (9) License: amendment.
    .
    Elsewhere than in the city of New York, a person licensed to carry or possess a pistol or revolver may apply at any time to his licensing officer for amendment of his license to include one or more such weapons or to cancel weapons held under license. Elsewhere than in the city of New York, and in the counties of Nassau and Suffolk, such notification shall be made to the executive department, division of state police, Albany, and in the city of New York to the police commissioner of that city, and in the county of Nassau to the police commissioner of that county, and in the county of Suffolk to the licensing officer of that county, who shall, within ten days after such notification shall be received by him, give notice in writing of such change to the executive department, division of state police, at Albany.
    .
    Now read the law. It's a notification. You aren't asking permission and they do not have the right to deny the gun unless they're revoking the license. You are notifying them that you have purchased a gun. It's handled by a frigging secretary for crying out loud. the judges don't even bother with them. Again, read the law. It does not say that the licensing official has a right of denial for any amendment. That's it. That's the entire law. I don't know where your getting your info, but... once again... READ THE LAW. And read the form (https://www.troopers.ny.gov/Firearms/PPB-5.pdf). It's an amendment form.
    .
    Find me case law to the contrary, whereby a person in NYS (not NYC) was denied the purchase of a handgun or of multiple guns but who's license wasn't revoked and remained in effect. I emailed your post to my buddy, a criminal law attorney who's worked closely with me for decades. He's cracking up; just like he was when the rumors were abound that people on medications are getting revoked. Maybe you should take over my NY Penal Law class on the SAFE Act.
    You are talking about permits, I am talking about actually purchasing a handgun, you can go ask any resident of NYC, or other nearby counties if they can walk into a gun shop and purchase a handgun without having a purchase order, the answer is that they cannot walk into a gun shop and walk out with a handgun unless they first go visit barney and plead for permission to buy a gun.

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