Premises permit with out of state CCW
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spat
.700 Nitro Express
You can as long as they are added to your NY permit first.
NY requires every handgun to be listed by serial number on the permit. Even if legally acquired it is illegal to have one in NY that isn't listed.
Saltwater60
.950 JDJ
As Glock USA said all handguns in NYS must be added to your permit. This maybe more complicated than he eluded to depending on county. NYS normally doesn’t accept anything outside of NYS paperwork wise. By this I mean they normally want you to ship your gun to a NYS a FFL have them fill out the paperwork, have that paperwork submitted to NYS permit office and then your gun can be added to your NYS permit. The other thing you can do is buy a gun in NYS, but if you’re not a NYS resident then you can’t. Seems you are so this might be best.
Also remember NYS laws, only 10 round mags and the gun can’t be considered an assault weapon, no threaded barrels, no pistol over 50oz, mag must insert into grip being held by your hand. Yeah it’s stupid here. Here is a link to the banned features. https://gunsafety.ny.gov/system/files/documents/2021/01/pistols_banned_features.pdf
Also be familiar with the CCIA law, but if you just have a premise permit you should be fine. Best of luck.
Also remember NYS laws, only 10 round mags and the gun can’t be considered an assault weapon, no threaded barrels, no pistol over 50oz, mag must insert into grip being held by your hand. Yeah it’s stupid here. Here is a link to the banned features. https://gunsafety.ny.gov/system/files/documents/2021/01/pistols_banned_features.pdf
Also be familiar with the CCIA law, but if you just have a premise permit you should be fine. Best of luck.
Damn, you are absolutely right. I wasn't even thinking about all of that stuff. What a pain. He'll probably have to buy new mags for everything. LOL $$$$$$
I am a NYS resident but will soon be splitting my time between NY and FL. I never got a NY CCW or Premise permit as the thought of "registering" handguns with NYS is not something I can accept. I have been fine with just having rifles and shotguns for home defense.
What everyone has mentioned above is what I expected to hear but can anyone that may be more familiar with the law share the penal law where it states all handguns must be registered? A quick glance and all I saw was that a permit is required to possess.
What everyone has mentioned above is what I expected to hear but can anyone that may be more familiar with the law share the penal law where it states all handguns must be registered? A quick glance and all I saw was that a permit is required to possess.
Jmac00
.475 A&M Magnum
no, the 10 round thing is still on the books, but the police have been ordered to ignore it. A buddy of mine got jammed up ( in Watertown) because he left his dogs in his P/U truck, on a 70° day, with the windows open. some little old lady called the cops. they found out about the 3 handguns he had, kept him at his truck while they checked his permit and had four or five Mag's that were 15 round's, those were no problem, the problem arose when Livisting county had to get some to GO TO THE county office building to physically check his permit. after a 90 minute delay they let him go..............all while his dogs were still in his P/U truck, with the windows down?? idiots
So I don't need to use 10 round mags? Wasn't aware of that. Just to be clear, I was implying that his FL purchased guns probably have mags that hold more than 10 and he would need to get new mags that hold 10 or less to bring to NY. Are we on the same page or are you telling me 10 rounds is not the law anymore??
Saltwater60
.950 JDJ
So then you’ll be happy to know you need a riffle permit now as well. Outside of. YC the riffle permit is for new riffles purchased in NYS and the 10 round mag limit still applies and there are banned features on riffles as well. They are more numerous than with pistols.
Certainly not the case in Erie County....they're still charging 'criminal posession of a weapon' for magazines. I was recently on a grand jury, and was presented dozens of those cases.
Your friend may have caught a break simply because the deputy knew he had no business harassing your friend, but since the call came in, he had to respond.
I certainly wouldn't want to be caught with a magazine capable of holding more than 10 in my carry gun. They would lock me away and weld the door shut. Now, if you're in the process of robbing liquor stores and gas stations, that's a different story...they wouldn't even mention the magazine.
Saltwater60
.950 JDJ
Agreed. These days he will be promptly arrested for having over capacity mags. Maybe Livingston county is more forgiving or they didn’t really check that they were 15 rounders, but you’re correct and you’ll get jammed up around here for that.
No, magazines that are capable of holding more than ten rounds are still illegal. His friend caught a break.
ManualF150
.308 Win
If anything over 10 rounds was still legal, you would see on it on the shelves in your local gun store.
I am well aware of the rifle permit and thankfully that does not affect me as I am all stocked up on rifles and ammo. Back to the original question can someone reference the law stating all handguns must be registered?
Saltwater60
.950 JDJ
Well you’re mostly correct if they are antiques you can keep them if you register them and they are over 10 rounds. If I remember correctly they have to be 50 years old and registered with the state. Turns out you have to register the gun as well.
Attachments
Saltwater60
.950 JDJ
This isn’t the law but this is the procedure for most of NYS. There are a few counties that want you to purchase a gun to apply for a permit, but you already have it. You have to have your pistol on your permit in NYS or it’s illegal possession of a weapon. It’s so bad that last time I went to an FFL I bought the gun, did the 4473, mailed in the paperwork to have the pistol added to my permit and I forgot to bring the county provided coupons with me to the FFL. He wouldn’t transfer the gun to me without giving him the coupons even though I had the guns on my permit. I had to drive back home, get the coupons, and give them to him prior to me picking up my two new pistols.
Also further evidence is look at the recertification page for your pistol permit in NYS. You have to list all guns, calibers, serial numbers every 5 years for a premise permit, 3 years for a CCW or they take your permit away.
Handgun Transactions | Erie County Clerk Michael P. Kearns
Pistol Permit Instructions for new firearm owners Registering a Gun Purchase From an Individual When a gun is to be purchased from an individual it must be processed by an FFL Dealer.
I understand and know how messed up the whole process is in NYS with coupons (aka permission slip) etc. That being said.....This isn’t the law but this is the procedure for most of NYS. There are a few counties that want you to purchase a gun to apply for a permit, but you already have it. You have to have your pistol on your permit in NYS or it’s illegal possession of a weapon. It’s so bad that last time I went to an FFL I bought the gun, did the 4473, mailed in the paperwork to have the pistol added to my permit and I forgot to bring the county provided coupons with me to the FFL. He wouldn’t transfer the gun to me without giving him the coupons even though I had the guns on my permit. I had to drive back home, get the coupons, and give them to him prior to me picking up my two new pistols.
Also further evidence is look at the recertification page for your pistol permit in NYS. You have to list all guns, calibers, serial numbers every 5 years for a premise permit, 3 years for a CCW or they take your permit away.
Handgun Transactions | Erie County Clerk Michael P. Kearns
Pistol Permit Instructions for new firearm owners Registering a Gun Purchase From an Individual When a gun is to be purchased from an individual it must be processed by an FFL Dealer.www2.erie.gov
You can recertify a license without owning any firearms......I have a family member who has a CCW but has never purchased or owned a handgun...they got the license just because they could. There is no requirement to actually own a handgun in order to have/keep a CCW.
You said it isn't the law but procedure....with all due respect, I am looking for the actual law here. Procedure won't hold up in court.
Scenario I am trying to determine legality of is:
If I have a NYS premises permit and possess a handgun, that I legally purchased in Florida at my home here in NYS....I end up using that handgun for self defense in my home......have I broken a law by not having registered the handgun onto my premise permit?
Seems like I need to speak to an attorney regarding this hypothetical situation...
Enjoy your reading.
ypdcrime.com
Article 400 | NYS Penal Law | Licensing Provisions Firearms
Any owner in possession of a firearm who suffers the loss or theft shall within twenty-four hours report the loss...
ypdcrime.com
spat
.700 Nitro Express
The permit only exempts you from the possession law for the specific weapons that are listed on it.
Carrying a gun that isn't listed on the permit is the same as carrying it with no permit at all.
Basically, it is only a permit to carry those specific guns listed on the permit. There is no longer a general "pistol permit" there is only "a "these specific pistols" permit.
Saltwater60
.950 JDJ
No hypothetical here at all and by all means pay a lawyer if you so chose but it’s illegal to possess a gun in NYS if it’s not on your pistol permit.
Yes you’re correct that you no longer need to own or have a gun to obtain a pistol permit. Good luck to you and we all said the same thing. By procedure I meant that the procedure to add a gun to your permit to take possession of it legally in NYS. If you don’t do this you’re not legal.
ArmedCorgi
.475 A&M Magnum
No attorney needed. Handguns are banned in NYS. The only way to own handguns in NYS is to get a permit (exception to the law) and have the handguns listed by make, model, caliber and serial number. Get caught in possesion of a handgun not on your permit, you go to jail because even if you bought it legally in another state you have residence in, NYS will not recognize it as legal because you did not go through NY's requirements of purchasing and registering a handgun. Shit, in Rensselaer County, you also had to have conversion barrels listed on your permit for the specific gun if you wanted to "legally"use them. Otherwise, even though you are using a handgun listed on your permit, because you have changed the caliber barrel in it, it technically becomes a different gun in their eyes because that conversion caliber isn't listed on the permit for that gun. But go ahead and be sure to tell the arresting officers that they are mistaken. That you read the law and that your non attorney take is that registration is not a requirement.
ArmedCorgi
.475 A&M Magnum
Seriously dude? Are you ATF? If you actually have a NYS permit you should already know all of this. Yes. Call them and they will tell you to have the out of state ffl mail the gun to a NYS ffl, who will hopefully hold the pistol for you while you fill out all the paperwork and do all the tap dancing for NYS. You'll need the bill of sale from a NYS ffl to bring to your permit clerk, fill out your amendment form, pay your amendment fee. Wait for your licensing officer to approve your amendment. Get your amended permit and purchase coupon from your pistol clerk. Go back to the ffl, run your 4473 and if you pass, the gun that you already legally bought in Florida, is now legal for you in NYS and you can now finally take legal possession of it. But after all that, since you only have a stupid premise permit. It's only legal in your shitbox apartment and at a range and maybe, just maybe on the way to the range. Congrats.