Can you get Illegal Legal Guns in NYC?

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damien

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I live in Illinois and there is a workaround a lot of people use for the gun ban in Chicago(/Evanston/etc.) - they buy their gun in the suburbs legally. It's not against the law in Illinois for a Chicago resident to have a gun card (FOID card in Illinois terms) and many dealers will happily sell to them, after letting them know they must their handguns outside of the city :rolleyes:.

I guess this makes sense legally. It is not against the law for a Chicago resident to own a handgun, it is against the law for anyone to bring a handgun to Chicago. The upshot, of course, is that the residents do bring their guns back to Chicago.

Does this work the same way in NYC? Can NYC residents legally buy guns outside of the city as long as they store them outside of the city? Do many of them ignore that part of the law and bring them into the city?

Just wondering. I don't live anywhere near NYC and never would so the practical value of this information to me is zero.

Nice place to visit, though. For a "gun free" city they sure check you thoroughly for one at the Mets games :fire:.
 
nope

criminals get all the guns they want in the city, it is the only place I've ever had a gun pointed at me while being robbed (twice).
But to answer your question...Nope!
even if you have a valid carry permit in Yonkers you can not carry in the Bronx.
 
Not talking about carry, not even talking about "legal"

I am not talking about carry permits or even legal possession. I have no idea how Yonkers or the Bronx got into this conversation because I did not bring them up. I am asking a very simple question:

If you are a NYC resident will a upstate gun store sell you a handgun or will they say "nope, sorry, you're from the city".

I know that it is illegal for the NYC resident to bring it back to the city, but I assume that many would because that is what happens in Chicago.
 
Like I said in the original post, I live in Illinois, but I don't live in any major city. Illinois is not sympathetic to gun owners, but at the current time we have no magazine limits, no purchase limits, and no bans (semi auto, "saturday night special", 50 cal, etc.) of any kind outside of Crook County. The lack of legal carry is a downer. The FOID card makes no sense in the age of instant check. And liberals trying to pass more laws in Springfield hurt also, but none have been passed in years.
 
Yes

and BTW, funny you asked...

up till about 7 months ago, i was living in NYC (3 years wasted). my Dad lives in NJ, but he has 5 acres in Catskills. i drove up there one weekend, and bought a .22LR rifle in Rick's Sports Shop. i told them i'm from NYC, and they said that's fine and that they don't care. now, in NYC you need a Rifle and Shotgun Permit as well as Pistol permit (i still have the application at home, to remind me what I escaped). in NY state, you don't. you only need a pistol permit.

so, i got the rifle, and i left it upstate in my Dad's winter house. i left NY since then, but the rifle is still there. now, private sales of rifles/shotguns in NY state are unregulated, so technically, the rifle now belongs to my Dad (and I'm sure he's happy about that).

handguns are a different story. when i was at the gun store in upstate NY, i asked about that... because my name is on the house as well. so i could technicaly change my address from NYC to Upstate NY (Flaishmans i think), BUT the guys at the local store told me that local sherif wouldn't give me the pistol permit, because I don't live there... aparently they do check if you live there for good, or just every other weekend.

so to answer your question, i could have bought a rifle/shotgun upstate and then bring it back to NYC. now, i would be in a world of pain if ever cought by NYPD.

doing same with pistols would be much more difficult i guess.
 
Eric.cartman:

Thanks. That makes sense. Since NY apparently has some gun permit involved where the police must OK each handgun purchase, even for mere possession, I can see how this closes that potential loophole.

In Illinois where a FOID card is issued but there is no actual license for each handgun purchased this creates a loophole where Chicago residents can buy handguns outside of Chicago.

And yes, there would also be hell to pay if the CPD found the gun in Chicago.
 
I'll bet there's at least 10 times as many guns in NYC as there are permits for. And I'm talking about guns possessed by good guys NOT criminals. Then it'd be closer to 100X. Joe
 
Damien,
Unregistered handgun found on your person, car, not sure about your home, in NYC, means mandatory 3.5 years in prison. Now that's what I call a messy situation!

I'm so glad i moved to FL. I bought a Glock 17 last week, and a Mossberg 500 yesterday. No wait thanks to my CCW. no permits. no registration. nothing. only BG check :)

gotta love freedom!!!
 
Thanks

pharmer,

That is sort of what I was getting at. In Chicago there is a loophole where good guys can get guns (i.e. the suburbs) if they want to ignore Chicago's illegal and unconstitutional laws. It's good that the workaround isn't a local crackhead selling crap weapons. Chicago residents can buy anything anyone else can buy in the burbs.

I was sort of crossing my fingers that NYC residents had the same options. But it seems that upstate NY police officials have discretion in authorizing handgun purchases. That sucks. I guess that NYC residents have to deal with the black market.

Then again, I have seen the black market in action in NYC. Borat DVDs on the subway. Rolex watches from a street vendor in Harlem. Sure, they're real!
 
I was sort of crossing my fingers that NYC residents had the same options. But it seems that upstate NY police officials have discretion in authorizing handgun purchases. That sucks. I guess that NYC residents have to deal with the black market.
Click to expand...

yep, first you need a pistol permit from your LOCAL sherif, then you need to register the gun and add it to your permit, also at your local SHERIF's office.

like i said, they check if you really live where you say you do.

stupid communist laws!
 
eric.cartman,

Dude, I know a public defense attorney in NYC and they don't give 3.5 years out for nothing short of murder or attempted murder.

If the law says that this crime can't be sentenced to anything less that 3.5 years then the prosecutor will deal by changing the charge. It will get pled down. Otherwise it goes to trial before an urban jury with an urban defendant saying "whitey planted it on me". That works in NYC a lot of the time and prosecutors do anything to avoid it.

But it still does suck. In Chicago it is a misdemeanor. Cities can't create felony law in Illinois,
 
DAMIEN,

I'm not making this stuff up:

Simple possession of an unlicensed firearm is a felony. At this writing, the minimum sentence for simple possession of an unlicensed firearm has just increased from one year in prison to three and half years. It must be loaded and outside your home or place of business to qualify for these punishments; otherwise, it is a misdemeanor.
Click to expand...

From: http://www.tilemandcampbell.com/PracticeAreas/Gun-Crimes.asp
 
I Believe You!

eric.cartman,

I didn't mean to imply that I didn't believe that this was the law. I have read it in several places. I am simply commenting that the way that prosecutors work is to plead charges down to get guilty pleas. Thats how it works. Prosecutors can't take every case to trial. Taking even 10% of the cases to trial overwealms the system. The way they encourage guilty pleas is either by negotiating the penalty on the change or modifying the charge so that they can come to the negotiated penalty.

That is the way it works. Once my attorney pled me out with a prosecutor. I plead guilty to a PARKING OFFENSE and paid a fine to avoid a speeding conviction for about 15 over. I was on the interstate, not anything remotely like being parked. But that is the way it is done.

P.S. My friend the public defender currently has a criminal on court supervision for his *second* simulated (wrench in pocket, said it was a gun both times) robbery in NYC. Obviously, the prosecutor has pretty broad power to negotiate penalties that the court accepts.
 
Do yourself a favor and go to a free state. I can buy any non-NFA regulated weapon I want here from an individual face to face, no registration, no permit (even to carry), no govt. involvement at all. It's a very nice thing...
 
A bit about Illinois

AntiqueCollector,

Illinois isn't as bad as people make out. I can also "buy any non-NFA regulated weapon I want here from an individual face to face, no registration, no permit (even to carry), no govt. involvement at all" - all except the carry part.

In Illinois to buy from a private individual there is no registration, no waiting period, no permit. The seller has to make a receipt so the gun can be forward-traced if it is found at a crime scene and I need to have a FOID card.

At a dealer there is a 24/72 hour waiting period, better than some of the "good" states.

The FOID card is easy to get, it is a 1-page 10 question type deal. It costs $5.

On the other hand, I would rather live in Texas.

Chicago sucks, Illinois does not (other than the carry thing).
 
Yes you can get a gun illegally in NYC just ask all the people shot on a daily basis where their assailant got their's. As far as loophole, no there is none. You must prove residency wherever you are in the state. In NYC you even need to get a Purchase Authorization limited to 1 gun every 3 months
 
Does it really matter? If someone ever uses sucha gun in self defense they will at best be subject to the legal problems for having the gun, and at worse even more. Technicaly since having the firearm is against the law itself, shooting someone even in self defense is a crime being commited with a firearm. If someone dies while your commiting a felony your guilty of murder. So technicaly you could go to jail for murder if a prosecutor really wanted to go after you for defending yourself with a firearm. That is just for defending yourself in what is otherwise a justified shoot, nevermind a more subjective situation.

If you "legaly" obtain a firearm and bring it to the city you are a felon waiting to happen. I bet you support the "no guns for felons" stance as well which means you are being very hypocritcal in feeling like "legal law abiding citizens" have a work around. They are no longer legal or law abiding if they are doing so and any defensive use of thier firearms is a crime that they can be prosecuted for. Even sent to prison for life according to the law in justifiable self defense because someone died while they were commiting a felony crime.

I also just love all these people that think "well nobody will ever know unless I have to use it to defend myself, and then it is better to be judged by 12 than carried by six..." Ever hear of non fatal car accidents? Strokes? Heart attacks? Other medical emergencies? How would you like to wake up in the hospital facing felony charges because there was a firearm on you when you were involved in an accident you may have had no control over? What about if your detained or in close proximity to a crime and police decide to speak with you and just randomly pat you down? You cannot even be a good sumaritan because you may became a felon and you have to flee the scene like a suspicious person. There is many other ways you may be "found out" unexpectedly that never involve actualy defending yourself with the gun your carrying. Thinking you will not ever be facing felony charges unless you have to save your life is just fooling yourself. The real solution is the change the laws and be active, not try to find felony "work arounds."
 
NYPD likes to throw around the stat that there are
estimated to be 2 million illegal handguns in NYC.

If that is so, then NYC with a near-prohibitory enforcement
of the NY 1911 Tim Sullivan Act has more handguns per capita
than jurisdictions with less restrictive handgun laws.

I think that says something about prohibition. Hardly anyone
in Boston read Lady Chatterly's Lover until AFTER it was
Banned in Boston.
 
I buy "illegal guns" from New York City all the time. They sell all the pistols that they "melt down" *snicker* out here.

I give them good clean, cockroach-free homes with plenty of fresh air and veggies. They lose their accent, get jobs and stop living off the government in no time.:D
 
If you are a NYC resident will a upstate gun store sell you a handgun or will they say "nope, sorry, you're from the city".
Click to expand...
The process:
1. Go to store, pay for gun, get receipt.
2. Take receipt to county-specific registration handling office.
3. Register handgun with county.
4. Get coupon from clerk stating gun has been registered.
5. Go back to store, hand over coupon, pick up gun.

No, you can't just buy a gun somewhere else in NY and take it into NYC.

Thing is: in NY, a handgun license is for a specific gun by serial number, and you have to tell your county of registration that you are getting that specific gun before you can legally touch it.
 
Thing is: in NY, a handgun license is for a specific gun by serial number, and you have to tell your county of registration that you are getting that specific gun before you can legally touch it.
Click to expand...

Ah such a complicated way of absolutely not doing anything to stop the people that actualy use them in crimes after stealing them from the owners (citizens/police, etc) that went through all that hassle to be well documented. Stolen guns which then travel from drug addicts needing cash/drugs to dealer to next illegal customer. Gun control at its best. Lots of hassle, only effect making determined criminals less opposed.
 
In a way, I'm sorry I asked given what I learned. I hope Parker v. DC goes to the Supreme Court and they iron this out once and for all and the Sullivan Laws and the Chicago Ban die quick deaths.
 
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