|
GETTING A
PISTOL LICENSE IN NY STATE
To get a license for a handgun in New York State you
must meet local County, NY State and Federal regulations. These
requirements can be meet by the average lawabiding citizen who does not
have any legal problems or other bars to owning a gun, is willing to wait,
is willing to fill in the paperwork and is willing to spend a small amount
of money to get a license. The requirements, in some cases, do
nothing to prevent crime or improve safety but they are based on laws that
originated in the early 1900's that were passed to "reduce
crime". After 100 years it would appear that many of the laws
do not work but that is what everyone wanting to own a handgun in NY State
must deal with. As a responsible and safe gun owner it is up to you
to stay informed and join with others to support local, state and national
groups and clubs that are working for your benefit.
You will have to deal with rules and
regulation on three levels, your local county, NY State and Federal.
Most of the rules on the local level are based on, or are a requirement in
State or Federal law but some counties do have additional special
requirements that should be easy to comply with. Please use this
guide as a general reference. It impossible to cover every minor
rule or circumstance. Laws can change quickly or court rulings can
change the current interpretation of a law. It is important that you
stay informed. If you can not find the information that you require
or have any other questions please contact your local gun store, club,
police, a lawyer, or the NYSRPA.
Pistol license application follow the
following outline:
-
Obtain an application from your local
licensing agent, either the local police or county clerk.
-
Fill in the application and obtain any
required character references signatures and have your application
Notarized.
-
Be fingerprinted and submit your
application.
-
Wait while you are being investigated
and your fingerprints are sent to the FBI.
-
After your fingerprints are returned
from the FBI and the investigation is completed your application is
normally sent to your county's Pistol License office and then
forwarded to licensing officer for review and decision. (Depending on
what the county that you live in requires, you may have to take a
safety class and you may have to meet with the licensing officer. Some
counties also have additional requirements.)
-
The paperwork will be returned to the
Pistol License office and they will send you a letter informing you of
the outcome.
-
If approved, you will have to go to the
required location to have your license validated by putting your
thumbprint on the back of your license. You will also be
given a slip to give to the owner of the handgun that your are
transferring to your license.
-
Using your new license you can go to
the store an pick up your first handgun. Give them the Purchase
Slip and they will retain the slip for their records.
-
You are now a legal handgun owner in
New York State.
* Items in Italic are copied from
Penal Law or Court Rulings.
NY STATE
REQUIREMENTS
Each county in the state decides how
to implement the state licensing system as outlined under NY State
Penal Law 400.
All counties will do a background check and investigation you.
You must meet the following requirement in all of the counties. You
must:
-
be a resident of the county that you
apply in.
-
be 21 years old to be issued a license.
-
have people willing to be character
references.
-
not be barred from owning a gun under
federal or state law.
-
be able to provide a set of
fingerprints.
-
provide 3 recent passport photos.
-
answer all questions on an application.
-
provide honest answers to all
questions. (Supplying false information constitutes sufficient reason
for denial of the application. YOU MUST LIST EVERY TIME YOU HAVE
BEEN ARRESTED NO MATTER WHAT THE OUTCOME OR IF THE RECORDS ARE SEALED.)
-
pay the required fees to the NYSDCJS
and your local County Clerk.
-
sign your application in front of a
Notary Public who must fill in the bottom right section.
-
have all handguns that you own listed
on your license.
Some counties might have additional
requirements such as the character references must be residents of the
county or might have to fill out an additional questionnaire. In
some counties you might also have to meet with your investigator and/or
licensing officer.
OTHER
GENERAL INFORMATION
-
In almost all cases the licensing
officer is a local county Judge with some counties having many Judges
sharing the workload.
-
You can get information about where to
get an application from your local County Clerk's Office.
-
State Law requires that you be issued a
license within six month or be given a reason why it is taking longer.
(PL 400.4-A)
-
You can apply for several types of
licenses. Among them are;
-
The most popular license used is: "have
and carry concealed, without regard to
employment or place of possession, by
any person when proper cause exists for the
issuance thereof". This is used for general carry,
sporting, target shooting and can be unrestricted, (preferred) or
restricted. (Restrictions are determined by your Judge or
other licensing officer.)
-
The sometimes used: "(a)
have and possess in his dwelling by a
householder; (b) have and possess in his place of
business by a merchant or storekeeper;". (This
license is very limited. The gun is licensed for a specific
location and can be legally transported only under very specific
conditions. This type of license does not require "Proper
Cause" but you are required to keep the gun at the licensed
location. You are not allowed to take the handgun anywhere else
except under very limited circumstances. This is the only type of
license NYC now issues.)
-
The law allows for several other
rarely used or very specific types of licenses such as, "justice
of the supreme court in the first or second judicial departments,
or by a judge of the New York city civil court or the New
York city criminal court", employment
by state or local governments in specific jobs.
-
You do not have to have a
"spotless" record to get a license. The law allows you
to explain any arrest or other problem that you might have in your
background. Your licensing officer is the one who will determine
if you get a license, let them decide if you are "of good
moral character".
-
Licenses in most counties are good for
a lifetime, they are not renewed. Some counties do have
renewable licenses such as NY City, Nassau, Suffolk and Westchester.
-
If
you are between 14 and 21 you can still shoot a handgun without a
license at a range under the supervision if you follow the simple
requirement outlined under NY State law. See
PL 265.20, (7-e)
-
If your licensing agent denies your
license they, " ... shall ... deny the application for
reasons specifically and concisely stated in writing ...".
AFTER
YOU GET YOUR LICENSE
-
A license issued outside of NY City "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." NY City no longer validates out of NY City licenses
unless you are a retired NYC police officer.
-
You must submit an AMENDMENT to:
-
add or remove guns to your license.
($3) You must submit your amendment and be approved BEFORE
you purchase a handgun. You will be given a slip to give to
the FFL or owner of the handgun before you can take possession of
the added handgun.
-
change your restrictions. ($3)
-
if you move to another county.
"Notification of any change of residence shall
be made in writing by any licensee within ten days after such
change occurs, ... ".($3)
-
to request a duplicate license. ($5
plus list of guns, 1 new photo and other minor requirement.)
-
register different barrels that fit
on the same handgun.
-
AMENDMENTS must be approved by your
licensing officer and take from the same day to a month or more
depending on the county.
-
"Every licensee while carrying
a pistol or revolver shall have on his or her person a license to
carry the same." (The gun you are carrying must be on the
license that you are carrying.)
-
Your licensing officer is
statutorily invested with the power to sua sponte, (at any time,)
revoke or cancel a license.
-
PL 400.10 1. "(a) Any
owner or other person lawfully in possession of a firearm, rifle or
shotgun who suffers the loss or theft of said
weapon shall within twenty-four hours of the
discovery of the loss or theft report the facts and circumstances of
the loss or theft to a police department or sheriff's
office."
|