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Moving to NY state (not city) with handgun

Discussion in 'Legal' started by ScottsGT, Feb 2, 2009.

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  1. ScottsGT

    ScottsGT Member

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    Co worker is planning on moving back to NY state next month, and was wanting to buy a handgun while he is still a resident of South Carolina. What are the procedures for him to take the gun into NY state legally? Any NY state registration required?
    EDIT: I'm assuming he will not be allowed to bring in anything with over a 10 rd mag? I'm pointing him towards an XD .45 with his budget he has to work with.
     
  2. P.O.2010

    P.O.2010 Member

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    Legally he cannot bring any handgun into the State of New York without first having a pistol license issued pursuant to Article 400 of the New York State Penal Law. That process will take between six months and a year depending on what part of the state he's moving too. Probably closer to six months if he's not going to NYC or Long Island.

    If he brings a handgun into NYS prior to having been issued his license he will considered guilty of a class D violent felony and will, upon conviction, be sentenced to 2 1/3 - 7 years in a state prison. If the firearm is found in his home instead of on his person, loaded outside of the home he could be charged with a class A misdemeanor which is punishable by up to one year in jail.

    Bottom line, he needs to speak to the licensing authority in his county, get the license and see how they want the pistol registered. Registration is required.

    No magazines that hold more than ten rounds unless they're pre-ban. Possession of post ban high capacity magazines is also a separate class D violent felony punishable by 2 1/3 - 7 years in state prison. Basically if he brings a Springfield XD with a high capacity post ban mag into NYS he faces up to 14 years in prison with a potential non-parole period of 4 years and 9 months if the sentences run consecutively.

    Also NYS requires that a handgun be listed in the ballistic database which has never solved a single crime. The easiest thing for him to do is get the license and then buy the gun in NYS. If he needs a firearm and is outside of NYC he can just buy a rifle or a shotgun, no license needed. Find out who issues the license where he's going and speak to that individual.

    Best of luck to your friend.
     
  3. jc650

    jc650 Member

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    Its not the worst nightmare as compared to Cali or Ill or Wisc, but its probably 5th or 6th worse as NJ and Mass are probably worse too.

    Yes he has to be a resident and I believe for a period of time like 6 mos. before he can apply. If he does buy the gun first call the local pd and ask to keep it there for safekeeping until the permit is obained. Obviously check to be sure. The only real plus is if you can get a cc carry permit there are not too many places you cant carry. Good luck.
     
  4. ScottsGT

    ScottsGT Member

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    He's just wanting a "house gun" for safe keeping, and for trips to a range. He's looking at moving back to the Binghamton area.
     
  5. JoeShmoe

    JoeShmoe Member

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    It is not the worst. Many unrestricted carry permits are issued upstate, and there are very few places where you cannot carry, once you have your permit.

    WI and IL have no concealed carry, and NJ might as well be in the same boat, as I've never heard of a regular Joe getting a carry permit there. I would consider those states, as well as CA, and others to be worse than NY.

    The NY process is certainly daunting, but if you want it you can get it.
     
  6. jc650

    jc650 Member

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    I am from NY and you can get a cc permit outside of NYC. That automatically puts us ahead of WI an Il. Can carry HP's puts NY ahead of NJ. Guns dont need to be on the approved list like Ma. and Ca. Thats 1,2,3,4,5 states if I can count that I would say are worse than NY. I think Md might be worse but Im not sure on that one.
     
  7. jc650

    jc650 Member

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    As far as open carry goes I was recently in an open carry state and I did not see any oc in the 3 days I was there so that would make me question how often its done. Not that its bad to have. I guess what Im getting at is I would much rather cc than oc if given a choice. Being given both options would be the best way though.

    That I can agree with, and yes its stupid.
     
  8. HeavenlySword

    HeavenlySword Member

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    NYC is a EBR owner's nightmare.
     
  9. QuietEarp

    QuietEarp Member

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    It is pretty sad that someone moving to NYS who owns pistols has to move to a specific county and hope for a nice judge to issue them a permit. Somehow they lose a right to their legal property as well as their second amendment rights. If they do get a pistol permit eventually they must pay additional fees to register previously owned guns. I am truly hoping that these laws regarding pistols are challenged in court and overturned in the near future. It sure does seem unconstitutional. The term "hi capacity" as it relates to magazines is quite misleading. If a Beretta 92 holds 15 rounds in the magazine in its natural state wouldn't that be a "regular" capacity or "standard" capacity? I am originally from upstate NY and it sickens me when I think of how they just don't want me there. I am a productive member of society with roots to the region but they don't want me back. When I look at my most innocent looking revolver, a Ruger Single Six, I wonder what all of the fuss is about.
     
  10. JWJacobVT

    JWJacobVT Member

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    Why NY state??? Whynot a more gun friendly state like Vermont or New Hampshire??? I lived there while in the service and had a pistol permit (long since expired) I would have to be offered a really good paying job to move back and try to get a permit for my handguns.
     
  11. jc650

    jc650 Member

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    Yes our politicians here are more alienating than almost anywhere in the nation.

    Yes guns are quite taboo among some people in my area. I've had more than one acquaintance seemingly appaled that I would carry a concealed firearm......And I work in LE!!
     
  12. Prince Yamato

    Prince Yamato Member

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    I'm pretty sure that that area is almost shall-issue. I know Greene is "shall-issue". Your friend may be in luck.

    I miss upstate NY too. The food is easily the best in the country. There's no grocery store like Wegman's... period.
     
  13. Yosemite Sam

    Yosemite Sam Member

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    Why do you need a permit for a Constitutionally protected right? Do I need to wait 6 months for a "speech permit" before I can talk?
     
  14. mgkdrgn

    mgkdrgn Member

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    If he doesn't already have the handgun, it will be much easier, legally safer, and less expensive to wait until he gets to NY, wait out the 6 months, apply for the permit, and then get the handgun there.

    In the mean time for HD, get a good used shotgun (again, once he gets there).

    As for leaving the gun with the police for "safekeeping" ... that sounds like a universally bad idea:
    1) they are not in the storage business
    2) you'll have no guarantee of the conditions of storage
    3) stuff has a bad habit of 'vanishing' from police stations, particularly nice guns
    4) you will have committed a crime in NY just taking it to them

    If he is going to leave it somewhere for "safekeeping", leave it with a friend or relative in SC, and have them have an FFL ship it to a NY ffl once he gets a permit.

    (former resident of Bath, NY, 90 mins from Binghamton, current resident of Lexington, SC)
     
  15. steveracer

    steveracer Member

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    I got my NYS unrestricted permit to carry in about four months in Dutchess county. I understand Columbia and Ulster are similar, and maybe a little easier. The total cost was a little under $200. The county makes all the difference. Some in Western NY are like $5, and are all but shall-issue.
    Steve
     
  16. hexidismal

    hexidismal Member

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    Yep, Ulster county here. I got mine a long time ago, but I have friends only doing it now. The current cost is something like $120 total after it all. The wait is 3 to 4 months for unrestricted carry.

    Also , one nice little thing about Ulster County is that unlike some other NY counties we have "Same day permit ammendments". Meaning we can buy a handgun and take it home the same day if we want to drive back and forth to the sheriff's office.

    Some of the NY handgun laws are pretty aggravating, but I'd ABSOLUTELY not say it was the worst ( Unless you're in NYC ). One thing I've always thought was odd about the NY CC permits is that with all the hoops they do make you jump through, you never have to take any safety or proficiency class whatsoever like you do in so many states with far less strict laws.

    ScottsGT: if you tell us what county he'll be moving to , we can certainly provide more specific information.

    What other posters have mentioned, that he cannot legally bring a handgun with him to New York without the permit under any circumstances... that's only partially true. He can't bring it and keep it in his possession, that part's true. However, he should contact the pistol permit issuer of the county he will be moving to and simply ask them how best to handle it. I think normally ( in my county anyway), they will take possession of a handgun and hold it till it can be legally possessed by a rightful owner. Same thing if someone without a permit were to inherit one for instance.
     
  17. BBQLS1

    BBQLS1 Member

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    The laws there are so asinine.

    I guess we have asinine laws here too though. :(
     
  18. Prince Yamato

    Prince Yamato Member

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    By the time I was done with my class, the total cost of my Texas permit was $275. So, $200 ain't that bad.

    A little known factoid today... point him towards an XD-9. The Springfield XD can take Beretta 92 mags (of which there are many pre-ban) with a modified mag-catch. So, he can have more than just 10 rounders if he wants a Springfield XD (not sure about the 40 S&W and other versions).
     
  19. eye5600

    eye5600 Member

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    If he wants home defense, he better get a rifle or shotgun.

    I should think that NY residents would welcome "common sense gun control laws" because it would be a liberalization of what's on the books. IANAL, but I think the NYC laws would be subject to challenge after Heller, which held that you have a right to handgun to protect your home, but I would not recommend being the test case.
     
  20. NCsmitty

    NCsmitty Member

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    Having lived my first 58 years in upstate NY, I can vouch for the fact that it is not for the most part, a handgun friendly environment. Getting a permit, which I had since I was 21, has become more trying in the past few years. It will vary by County, but it is the judge's discretion to add restrictions to the permit if and when you get it. They continue to raise the cost of adding a handgun to the permit.
    I retired and moved to North Carolina for several reasons, and it's been a breath of fresh air for me. A simple $5 fee to purchase a handgun is all that's required. That's a far cry from what I had to deal with in NY. If you have a concealed carry permit, that purchase permit is not required in the state.
    I realize that there are even more gun friendly states, but now North Carolina and it's red dirt roads are my home.

    NCsmitty
     
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