NYC refuses to recognize NY CCWs. Are there others?

[Actinium]

So as many of you know, NY carry permits are not recognized at all in NYC (carrying a NY registered gun in NYC is treated the same as having an illegal gun bought off the street). But I am curious to know if there are any other municipalities in the state that have succeeded in passing regulations that supersede those at the state level. For instance, I've heard that Yonkers has some ordinance too that tries to nullify concealed carry as well as other large cities upstate (Albany, Buffalo, and Rochester come to mind). Does anyone have any concrete knowledge to whether such restrictions exist? And I know it's off topic, but with regards to out of state reciprocity, are there any states that impose similar city only laws? (for example a PA CCW not being recognized in Philadelphia)? Thanks

 

[Robin]

I don't know but I remember reading years ago that there is a street in Albany where your permit is not recognized. True or not, I don't know how it is legal or even acceptable that municipalities are allowed to do this. I also read something years ago about Rochester limiting the ownership of AR's. I don't know if that is true either. There is no way an individual could possibly now such information.
Robin

 

[Actinium]

I don't know but I remember reading years ago that there is a street in Albany where your permit is not recognized. True or not, I don't know how it is legal or even acceptable that municipalities are allowed to do this. I also read something years ago about Rochester limiting the ownership of AR's. I don't know if that is true either. There is no way an individual could possibly now such information.
Robin

Thanks. Yeah I know this is really getting ridiculous. It's gotten to the point that I don't even like to take my guns upstate (or anywhere really) to go target shooting since there are now so many regulations that hold more power than your CCW or constitutional rights do. Which I am sure is exactly what NYS wants.

 

[BDinPutnam]

I don't know but I remember reading years ago that there is a street in Albany where your permit is not recognized. True or not, I don't know how it is legal or even acceptable that municipalities are allowed to do this. I also read something years ago about Rochester limiting the ownership of AR's. I don't know if that is true either. There is no way an individual could possibly now such information.
Robin

The state house or the governor's mansion?

 

[innkeeper]

Not to switch gears on you but I think you’re mistaken about the Philly law. Pa is an open carry state and you can open carry anywhere except “a city of the first class” (their language). Philly is the only Pa “city of the first class”. To the best of my knowledge ccw or LTC in Pa is legal in Philly with permit ( I am not a lawyer though )

 

[Saltwater60]

I do t know of any specifically saying you can’t carry a pistol.
Counties have different restrictions placed on permit holder and I know many say county parks and some say county buildings are a no go. I just took my pistol to the dmv the other day. It’s a county one.

 

[SuffolkArms]

Does NYC actually treat NY State permits as though you have no permit (felony)? Or does it treat NY State permits as a misdemeanor as prescribed in PL400?

17. Applicability of section. The provisions of article two hundred
sixty-five of this chapter relating to illegal possession of a firearm,
shall not apply to an offense which also constitutes a violation of this
section by a person holding an otherwise valid license under the
provisions of this section and such offense shall only be punishable as
a class A misdemeanor pursuant to this section. In addition, the
provisions of such article two hundred sixty-five of this chapter shall
not apply to the possession of a firearm in a place not authorized by
law, by a person who holds an otherwise valid license or possession of a
firearm by a person within a one year period after the stated expiration
date of an otherwise valid license which has not been previously
cancelled or revoked shall only be punishable as a class A misdemeanor
pursuant to this section.

It seems to me that carrying on a New York State license in New York City could be defined as "a person holding an otherwise valid license" in a place they're not authorized to take it, but then again, the section detailing validity does state that:

6. License: validity. Any license issued pursuant to this section
shall be valid notwithstanding the provisions of any local law or
ordinance. No license shall be transferable to any other person or
premises. A license to carry or possess a pistol or revolver, not
otherwise limited as to place or time of possession, shall be effective
throughout the state, except that the same shall not be valid within the
city of New York unless a special permit granting validity is issued by
the police commissioner of that city.

The big question is whether or not that counts as an "otherwise valid license" or not? Curiously enough, I've never been able to find any case law on this matter.

 

[Target]

Not NY, but Virginia was said to want to pass a No Reciprocity law as part of their anti 2A agenda this spring.

 

[Drinkthekoolaid]

I do t know of any specifically saying you can’t carry a pistol.
Counties have different restrictions placed on permit holder and I know many say county parks and some say county buildings are a no go. I just took my pistol to the dmv the other day. It’s a county one.

I occasionally go to Erie county libraries as well

 

[Gonzobird]

Define Upstate? In the north country most of the people I know carry everyday. I came from Ulster County and I carried everyday there. I will say that I am less concerned if someone sees an outline of the bottom of the holster around my town but then again it accepted up here.

I carry all over the state except NYC, schools and post offices. I am pretty sure Amtrak Police dogs would get me as soon as I got off the train if I got off the train in the city. I have never been hassled or had an issue anywhere in the state. Thing is i am careful and make sure that i am carrying concealed. I find myself carrying my .44 more and more and that is a big gun. Point is if you carry correctly and have a good situational awareness you won't have an issue.

When i travel(and it is more then not these days) I check the laws and if i can carry I will. Concealed is concealed.

 

[Drinkthekoolaid]

Does NYC actually treat NY State permits as though you have no permit (felony)? Or does it treat NY State permits as a misdemeanor as prescribed in PL400?



It seems to me that carrying on a New York State license in New York City could be defined as "a person holding an otherwise valid license" in a place they're not authorized to take it, but then again, the section detailing validity does state that:



The big question is whether or not that counts as an "otherwise valid license" or not? Curiously enough, I've never been able to find any case law on this matter.

I would love to see a guy with a NY state unrestricted license get caught by an over zealous NYC officer and only be charged with just pistol possesion and have it go to curcut Court or all the way to SCOTUS.

 

[Mr. terzmo]

Haven't heard about restrictions in Buffalo............yet......mayor brown has his head up the furher's @$$ so it could be just a matter of time. per the furher...the 2nd amendment is for hunting and that's not legal in B-ville either. Just "Farmer's and deploreaables" have their reasons....and their reasons don't fall in line with the furher

 

[Darth]

I would love to see a guy with a NY state unrestricted license get caught by an over zealous NYC officer and only be charged with just pistol possesion and have it go to curcut Court or all the way to SCOTUS.

He wouldn't even be backed up by those "on his side" here on this forum. He'd get the "it's his responsibility to know the law /the lawr is the LAWR!" treatment.

Sad.

Imagine if it was legal for not protected/better than thou cities to do this shit. You'd literally have to stop and read penal laws every few minutes if you were driving.

 

[gun_slinger_boy]

And I know it's off topic, but with regards to out of state reciprocity, are there any states that impose similar city only laws? (for example a PA CCW not being recognized in Philadelphia)? Thanks

Not to switch gears on you but I think you’re mistaken about the Philly law. Pa is an open carry state and you can open carry anywhere except “a city of the first class” (their language). Philly is the only Pa “city of the first class”. To the best of my knowledge ccw or LTC in Pa is legal in Philly with permit ( I am not a lawyer though )

That Philadelphia nonsense was challenged and beaten years ago. I don't know how they still get away with it but they still have a bit of an exception. You can carry both concealed and open in Philly IF you have a permit. In the rest of the state you need a permit ONLY for concealed carry. Nothing needed for open. We need to just go ahead and go constitutional carry. It makes no sense to have this half and half foolishness.

Title 18 Chapter 61 Section 8 - The Official Website of the Pennsylvania General Assembly

www.legis.state.pa.us

 

[Actinium]

That Philadelphia nonsense was challenged and beaten years ago. I don't know how they still get away with it but they still have a bit of an exception. You can carry both concealed and open in Philly IF you have a permit. In the rest of the state you need a permit ONLY for concealed carry. Nothing needed for open. We need to just go ahead and go constitutional carry. It makes no sense to have this half and half foolishness.

Title 18 Chapter 61 Section 8 - The Official Website of the Pennsylvania General Assembly

www.legis.state.pa.us

Funny how open carrying a sidearm with no permit in downtown philly is perfectly legal, while doing the same an hour north walking down fifth avenue (in a comparably sized city) would result in a SWAT team being scrambled and the person bring sent to jail for a minimum of 3.5 years.