Basic carry/travel info please - Page 2
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Thread: Basic carry/travel info please

  1. The Economy may not be great here but listening to all these permit stories, there are times when I'm very glad I live in Chautauqua Co. :)
    "A nation which can prefer disgrace to danger is prepared for a master, and deserves one!" - Alexander Hamilton

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  3. #12
    Join Date
    Mar 2011
    Location
    State of Confusion
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    7,733
    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.
    GOD, GUNS and GUITARS

  4. #13
    Join Date
    Apr 2008
    Location
    Western NY
    Posts
    93
    Blog Entries
    1
    Thanks BC1. I was hoping someone was going to do the research...LOL

    Anyway, most of my commentary about 'transport' was for those that cannot carry (you know, the ones that have those awful admin restrictions) and have to transport it. Most counties I have dealt with specify the method as a default. The Federal Peaceable Journey Act says it too. My outlook on it is that if it's good the them, it should work here - if you have to follow something, why not that?

    Anyway, most times, just do what ya gotta do and if you're discreet and sensible, you'll be fine.
    Dave
    Founder,
    Rochester Personal Defense
    www.safeinrochester.com

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