NYS Non-Resident - Page 3
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Thread: NYS Non-Resident

  1. #21
    ok BcI

    So is the Ulster County Sheriffs department fabricating this story about 2 out of 3 judges approving retaining your NYS permit when moving out of state? Apparently Judge Cahill is the 1 of 3 Judges that do not sign off on this. I will contact Judge Williams, since the Sheriffs Department specifically mentioned that Judge by name as one of the two Judges that approves this. And what does your attorney say about my former co-worker who moved out of state and his ulster county permit was changed to a South Carolina address and an Ulster county judge approving this?

    400(3) deals with the application process not with someone who as been approved and issued a NYS license

  3. #22
    NY 400.00 was written a long time ago and has not been updated to reflect the realities of today. Licensing authorities have been interpreting the wording of this 100 year old law to fit a very specific set of narrowly defined personal parameters and they view the out-of-state resident issue as a big can of worms that must be kept closed.

    Policies for amendments requiring visits in person to pistol licensing offices, P-12 reporting by dealers to state police, COBIS, etc. might need to be reevaluated/rescinded as complying would be difficult, if not impossible, for those residing out-of-state. And what about the relationship that county licensing officials have with NYS DCJS/DMV/DMH? Could a similar relationship exist with counterparts from another state? And what about new laws? They would likely need to account for the possibility of having to interact outside NY.

    So, even though out-of-state licenses might not be banned by 400.00 or 265.00 explicitly per se, does it really matter? As long as those in position believe non-resident permits are forbidden, and it's convenient for them to believe so, they will enforce the laws as such.

  4. #23
    Join Date
    Apr 2010
    edge of freedom
    If this is true I am moving ASAP but I think BC1 has done his homework. I'm calling my county today, should be interesting.
    NRA Life Member, SCOPE,SAF Join up!

  5. #24
    Friday update.

    I called Judge Williams office of Ulster County, and spoke to his secretary and explained the situation about moving out of New York State and what happens to your NYS pistol license. She said she was not sure of what Judge Williams does as he is new. But she did state that Judge Bruhn of Ulster County, who recently retired, "all the time" approved of the amendment for the change of address to another state, thus allowing NYS pistol permit holders of Ulster county to legally keep their NYS pistol license with the new out of state address.

    She will have Judge Williams call me on his opinion on the matter

  6. #25
    BC1 is correct. The only caveat I will interject is that if you are a NYS resident and join the military, you can maintain your NYS pistol license while living out of state. Legally you are still a NY resident. That was true for my entire military career even though I owned no property nor did I have an address in NYS (other than "home of record").

  7. #26
    Join Date
    Mar 2011
    State of Confusion
    Ulster is not faking the story. Some there believe they can issue the permit. The topic is currently under review in Albany as complaints have been made that the judges aren't properly following A400. We will follow-up with Albany. If they don't follow the law we will file the complaint with the judicial review board and BAR.

  8. #27

    Did you read my previous post?

    Judge Williams office confirmed that Judge Bruhn approved the address change of NYS pistol license holders whom resided in Ulster County to an address of the state that they were moving to so that residents of Ulster County who moved out of state were able to retain their NYS pistol license.

    Call Judge Williams office 845-340-3730 to confirm this if you do not believe me.

  9. #28

    thanks for confirming what I have been saying, that there are or has been several judges who have approved the address change.

    On another note, why would you file a complaint? Shouldn't we be pushing for more judges to rule in favor of the address change? Your company's position seems to me to be very anti 2nd amendment.

  10. #29
    Join Date
    Mar 2011
    State of Confusion
    We're not anti-second, we just want the state to provide a formal position on this issue. Spoke with Sgt. Bolls in Greene County who advised that the licensing officer may revoke the permit when you leave the state, but because there is no law requiring the surrender of the permit he isn't required by law to revoke. When you file the amendment for the address change most judges have stated on the record that they will revoke (Orange, Westchester, Rockland, Ulster, etc.) The issue is currently under review in Albany as Greene and Ulster have in fact allowed the address change in some circumstances, but not all. The legality of this is undecided at the present time. After a further conversation between Ulster and our atty it is clear that no one is certain about the application of the law. While some believe it is a decision for the licensing officer others believe the licensing requirement stands for both new applicants and those who relocate. Some counties have advised they will only allow the permit if the license holder lives in NY at least 6 months out of the year. Other counties (Orange, Rockland, Westchester, etc) have indicated they would not allow the change and would charge the permit holder. There is definitely a risk in returning to NY armed. The objective is to never be arrested for a gun crime even if the arrest can be explained as the arrest remains on file even if the charge is dismissed. This can make licensing more difficult in another state as the arrest (not conviction) pops on a background check. Our attorney stands fast on the case-law which shows persons are arrested regardless of the opinion of the LO. The key point until Albany settles the matter is to ensure that any gun you posses in NY be registered on your permit. If you purchase a gun after moving you must amend the permit. Our atty advises we continue to support the position that the permit will be revoked as this is the norm for nearly every county. We'll keep the subject open until we get a definitive ruling from Albany.

  11. #30

    I appreciate your detailed response.

    I wish if I had known that this was going on up in Albany I would not have kept posting. I just felt that nobody believed me that their were some judges who were allowing for the address change, when in fact some are. Since you seem to be directly involved with this, wouldn't you lobby with your lawyers to have a final ruling in favor of allowing for relocating and keeping your NYS permit? A ruling of that nature would greatly expand gun rights for New York State Permit holder who decide to move out of state. Thank you

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