NY firearms laws?

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jamesbeat

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So, it seems that I am now moving to New York State instead of Ohio.

I have been trying to find out about the gun laws there, but I can only find vague information.
I understand that NY is probably the worst place for a firearms enthusiast to live, but I have reconciled this with the fact that pretty much anywhere in the world is going to be better than the UK :D

I see that I have to have a permit to own a handgun and that that they have an AWB in place.
It's the handgun part that worries me the most. I understand that to get a pistol permit, I need to have lived in NY for six months and provide references from people who live in NY and have known me for six months. I also believe I have to provide references from people from my home state, but I have no home state as I am from England.

Will I be able to go to clubs and use their pistols?

Could someone chime in and tell me what to expect?
 
James,

Expect a MUCH better gun friendly environment than the UK. As long as you don't reside in NYC or a couple of the larger cities, the pistol permit requirements are not too onerous. Since the AWB grandfathered in all assault weapons made prior to the law, you simply have to buy one of those. Good luck and welcome to the U.S.

Don
 
There was a recent thread, with some good links, about moving within the US to NY State, here:

http://www.thehighroad.org/showthread.php?t=447994

NYSRPA (essentially the local chapter of the NRA) has a good summary of NY gun laws here:

http://www.nysrpa.org/nygunlaws.htm

As to your specific questions, keep in mind that IANAL.

I understand that to get a pistol permit, I need to have lived in NY for six months and provide references from people who live in NY and have known me for six months. I also believe I have to provide references from people from my home state, but I have no home state as I am from England.

If I remember correctly, NY doesn't need references from anyone outside the state. However, you DO need to have references from the county in which you reside, and you have to have known them for at least a certain amount of time. I almost think that length of time is a year, but it could be six months, I suppose. But, to my knowledge you do not have to provide references from before. I suspect the reason for this is that the local people need to verify the references themselves, and so they want only people who are close by. To get the lowdown on this, just ask at your local gun shop where it is that you obtain an application for a pistol license - in some counties it's the sheriff's office, whereas in some it's the county clerk's, or various other places. Then once you show up at the proper place, they'll give you the forms and at least a cursory description of what you need to do to fulfill the requirements. It's a long process, so be prepared that it won't happen overnight.

Will I be able to go to clubs and use their pistols?

It is my impression that unless you are in a training class, with a licensed instructor, the answer is no. New York is so concerned about handguns that many shops won't even let you handle their handguns from inside the case without showing them your pistol license first. I think it's at their discretion, but many of them take a hardline policy about it.

If I recall correctly, there are some exceptions in the "no handling a handgun" law for cases like training, and for people who are under a certain age shooting with their parents/guardians, but the law is pretty clear that no handguns are allowed to people who are unlicensed. If you want, I can try to locate the exact statutes I am recalling, or you can do a Google search for, "NY State Laws" and then further search for "firearm." It should come up eventually.
 
I understand that NY is probably the worst place for a firearms enthusiast to live
No, it's strict compared to many others, but NY has the highest per capita Carry-Permits of any state. There are places that it is unlikely you will get a permit. NY you can, it just has a lot of regulations about the process.
Will I be able to go to clubs and use their pistols?
Once you have a handgun permit, not until.

I have an unrestricted Carry Permit in Erie County. It was time consuming but obviously possible. The first year, I applied for an received a Business Carry, because in my county the county restrictions are such that it's easier to start with a Business Carry and upgrade to Unrestricted after a year.

New York differs county to county in what restrictions are put on the State Carry Permits (e.g., Target and Hunting Only). Some have none, some have more. The restrictions are County Ordinances, not Felony State Gun Law. So if you break one, you might lose your permit but it's not a felony violation of state gun law. I'm not recommending that you do, I'm just pointing out to check with your county pistol permit office, or go down and talk to them about your situation. The staff in mine were very friendly and helpful.

New York City is impossible to get a carry-permit practically speaking, and the counties close to New York City are stricter than other parts of the state.

Hope this helps a bit.
 
Wow, thanks for the fast and helpful responses :)

I'll be living in Nassau County. so I'll have to find out what the local laws are for that area.

At least now I know in which direction to Google :D

Does all this just apply to handguns?
What happens if I want a shotgun or rifle?

EDIT: And I forgot to mention I'm interested in blackpowder revolvers, are they classed as a regular handgun?
 
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gvf said:
The restrictions are County Ordinances, not Felony State Gun Law. So if you break one, you might lose your permit but it's not a felony violation of state gun law.

I have heard this as well, from some reputable people, but have never been able to find a court case or law which says it straight out. Do you happen to have a source/citation for this? I'd like to find one...

jamesbeat said:
Does all this just apply to handguns?
What happens if I want a shotgun or rifle?

EDIT: And I forgot to mention I'm interested in blackpowder revolvers, are they classed as a regular handgun?

Be sure to read through the NYSRPA page I linked above - it will give you all kinds of information like this on what's legal and illegal in the state.

You need a license for handguns only - no licensing/registration is required for long guns (shotguns and rifles). You just need to be able to pass a background check.

As for black powder handguns, according to the NYSRPA page:

"Antiques and Replicas:

Antique rifles, shotguns and handguns, and replicas thereof, generally are exempt from the above restrictions and can be bought and possessed without a permit. (Persons who shoot muzzle loading handguns must be properly licensed.) Antique handguns must be unloaded and possessed without the materials to load same."

So, it sounds like you need a license for even black powder handguns, if you plan to shoot them (or even to possess them along with the means for shooting them). If you want more information on this sort of thing, you might consider asking in the "Blackpowder Shooting" section of THR.
 
There may be restrictions on you as a noncitizen.

A permanent resident card may ease some if not all of them.

NYS, except for NYC, does not restrict most long guns.

Unloaded black powder pistols are classified as "antique" firearms and no permit required. Once you load them they become pistols and must be registered, permit required.

The time required for references to know you in my county in NY is "a reasonable time". Somewhat (very much so) ambiguous.

Good luck.
 
jamesbeat said:
I'll be living in Nassau County. so I'll have to find out what the local laws are for that area.

Remember, you need to have a handgun license prior to possessing any handguns in NY.

For more information go to the Nassau County Police Department Handgun License website.

Be advised, per their website, current wait time for a Nassau County Handgun License application to be processed is about 6 months.
 
I notice on the Nassau Cty Police website, that the only options offered are "business", "retired law enforcement", and "target and hunting". Doesn't look too promising for unrestricted concealed carry.
 
New York State gun laws are not too bad, especially compared to U.K. gun laws. However, bear in mind that New York has no preemption of firearm laws, so some localities can have gun laws which are considerably more restrictive than state law. In fact, the gun laws in New York City are probably almost as bad as U.K. gun laws.
 
Ok then, it seems to be the case that I will have to wait at least six months for my permit and that I won't be able to carry.
I can collect muzzle loading revolvers as long as I don't also possess any caps, powder or ball. When I get my handgun permit, I can add them to it and then I will be able to shoot them.
I presume I need to be a resident of NY before I can own long guns too, because there only seems to be provision for residents or non resident citizens.

It's a shame about the CCW, but I think I'm going to get one anyway. I have read that Utah and Florida allow non residents to hold a permit and there is a great deal of reciprocity with other states. This is good because I will be visiting friends in Ohio quite frequently

That aside, I think I'd want a CCW anyway just to add to the numbers. I intend to make America my home, so the least I can do is get a CCW and an NRA membership :)
 
welcome to nassau!

its a nice place to live, however there is only 1 gun range (that i know of) and its indoors at the community college (next to it anyway) and theres an outdoor range in suffolk county.

long guns are fine and the awb is pretty much a joke, you can get full cap mags that were made before 94 and you can have all the same rifles cept for flash suppressors and bayonet lugs.

anyway, good luck with the move, and if your ever looking for a shooting buddy just give me a shout im right in massapequa
 
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