Family and on private property
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Thread: Family and on private property

  1. #1

    Family and on private property

    I have searched rather far and wide, and cannot find a definitive answer to these questions, relative to NY, and NY residents.

    1. Can a spouse or child (over 18, over 21) handle and fire a handgun belonging to a permit holder, in the presence of the permit holder, when on the property owned by the permit holder, and considered to be the residence of the spouse and/or child?

    2. Is open carry OK, when on one's property, NOT hunting dear or bear? We have feral dogs, bear and sometimes cougar on our land, and since I own various firearms, I have decided that I should not be out in the woods without them.

    Any cites would be very helpful, and I will look up to make sure I understand. Thanks.

  2.   
  3. #2
    NRA-ILA ::

    Seems to me that NY is pretty Anti-Constitutional as far as hand guns are concerned. If you feel your family needs to protect themselves from wild animals, they might be better off with a rifle or shotgun as far as the law is concerned.

    Maybe someone will chime in that has first hand experience.
    Beware the Fury of a patient man.

  4. #3
    The question isn't really about protection.

    My family would like to try shooting handguns, and I'm trying to find out whether they can at a home range, without getting a permit first.

  5. #4
    Join Date
    Nov 2010
    Location
    New York/Orange County
    Posts
    16
    You can not hold or touch a handgun in ny state without a permit.

  6. What you do on your property is your business, especially if neighbors are far and few between. And remember, loose lips sink ships.

  7. #6
    You are on your private property and i say go right ahead and have them shoot. We di it all the time without issue....

  8. #7
    I'm trying to reach the range instructor at the SP barracks, as most FFLs in the area consult with him. I'll let you know what I hear. I've been through the code, and I've found some case law. Case law says it's OK, at least when there's an intruder.

  9. #8
    Join Date
    Nov 2010
    Location
    New York/Orange County
    Posts
    16
    here is a good link for orange county shooter Orange County NY Shooters, NY handgun license and NY gun law information.Orange County NY Shooters, NY handgun license and NY gun law information. hope this might help with your question.
    Can I take a friend with me to the range and let them shoot my handgun if they do not have a license?

    NEVER!!! (In 2006 the law was expanded to allow 14 to 21 year olds to shoot at a range after the law was changed on Nov. 1st, 2000 when a new law will allow persons from 18 to 21 of age to shoot a handgun at a range under a certified instructor without a license.) Sec 265.01. Criminal possession of a weapon in the fourth degree. A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He possesses any firearm,... This total ban on possession of a handgun is followed by 265.20 Exemptions. (to PL 265.01) . 3. Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00.No wording allows any unlicensed person to hold or fire any firearm under any circumstances. Not even at a range, during a safety class, while with a police officer or under any other circumstances except those allowed under PL 265.20.
    This also prevents you from letting a friend go to the range with you and shoot your handgun unless they have a Pistol License. This is also why some gun stores will not let you hold a handgun until you have a license. (It makes it a little hard to buy your first handgun to get your license with when you can not even hold the handgun that you are going to buy.)


    This is New York State law not what I believe should be.


    The only exception is that a person with a license is allowed to handle and shoot someone Else's handgun at a range or competition but the person who has the gun listed on his or her license must be present.

    PL 265.20 Exemptions (7-a) Possession and use, at an indoor or outdoor pistol range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in small arms or at a target pistol shooting competition under the auspices of or approved by the national rifle association for the purpose of loading and firing the same, by a person duly licensed to possess a pistol or revolver pursuant to section 400.00 or 400.01 of this chapter of a pistol or revolver duly so licensed to another person who is present at the time.

  10. #9
    Quote Originally Posted by ccdodge View Post
    I have searched rather far and wide, and cannot find a definitive answer to these questions, relative to NY, and NY residents.

    1. Can a spouse or child (over 18, over 21) handle and fire a handgun belonging to a permit holder, in the presence of the permit holder, when on the property owned by the permit holder, and considered to be the residence of the spouse and/or child?

    2. Is open carry OK, when on one's property, NOT hunting dear or bear? We have feral dogs, bear and sometimes cougar on our land, and since I own various firearms, I have decided that I should not be out in the woods without them.

    Any cites would be very helpful, and I will look up to make sure I understand. Thanks.
    The answer to "1" is clearly "no" because the law provides that a parent with a permit may allow his or her child under the age of 21 to use the parent's firearm at a qualified range. That would preclude allowing your child of any age to touch your firearm anywhere else. even in your home.

    Question 2 is more difficult to answer. First, the law only allows for a permit for "concealed" carry, so it would seem that you can't open carry on or off your property. However, the NY courts have held that the firearm possession laws do not apply to a permit holder even if the permit holder possesses the firearm in a manner or place (except for schools) not otherwise allowed by the terms of his or her permit.

    So you probably could open carry on your property and not be convicted of illegal firearms possession, but that would not preclude being convicted of some other law (menacing or some other law not premised on illegal firearms possession.)

    Also, remember that all NYS hunting laws and regulation apply to your private property.

    Cougars? In NYS? That would be unlikely unless it was a released cougar.

  11. #10
    The local range officer at the SP, who is considered the freindly reference for local FFLs told me this:

    1. No to non-permitted persons on own property, except for the 18yo to 21 yo loophole, which permits them use at a range. He says a home range in a rural setting fills that loophole, in his opinion.

    2. Otherwise a permit is needed, even for spouse. His recommendation was for everyone to get a permit, and in his opinion they will be getting harder to get, especially if the FBI gets backlogged with "other" work, which is a higher priority.

    3. He said that open carry on one's property is expected, whether hunting or not. He discourages contact with the public while carrying open, because that tends to cause person with gun reports. He was familiar with my property area, and indicated that he would be carrying if he was in those woods. Made some Thomas Jefferson quote.



    Cougars? First one I saw here was 6 jan 96. Many since then. Neighbors have videos, prints. DEC didn't want scat samples, they just say "no cougars". Librarian's husband was paced by one out jogging a couple of years ago. They come and go, but the first year they were here heavy, deer carcasses were in hedgerows, and allot of people lost their dogs when "Fifi went outside for dodo." I've seen them hunting, crusin' the woods, and even with my .45, i probably wouldn't have a chance if one decided I was lunch. nogods, do you work for DEC?

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