OTHER IMPORTANT INFORMATION.

What is a firearm?

   PL 265.00 Definitions. 3. "Firearm" means (a) any pistol or revolver;..."  The rest of the long guns that are listed as a "Firearm" are all illegal in NY State because they are too short.  Make sure that you do not mix up the use of the words "Firearm" and "gun" when you are reading the law or legal rulings.

What is a loaded firearm?

    Just because you have no bullets in the gun does not mean that it is unloaded.  According to PL265(15)  "Loaded firearm" means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm."

When can I possess a firearm if I do not have a license? (Remember, "Firearm" means (a) any pistol or revolver;...")

Can I take a friend with me to the range and let them shoot my handgun if they do not have a license?

    NEVER!!!  (In 2006 the law was expanded to allow 14 to 21 year olds to shoot at a range after the law was changed on Nov. 1st, 2000 when a new law will allow persons from 18 to 21 of age to shoot a handgun at a range under a certified instructor without a license.) Sec 265.01. Criminal possession of a weapon in the fourth degree.  A  person is guilty of criminal possession of a weapon in the fourth degree when:   (1) He possesses any firearm,...  This total ban on possession of a handgun is followed by  § 265.20 Exemptions. (to PL 265.01) . 3. Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00.No wording allows any unlicensed person to hold or fire any firearm under any circumstances.  Not even at a range, during a safety class, while with a police officer or under any other circumstances except those allowed under PL 265.20.
      This also prevents you from letting a friend go to the range with you and shoot your handgun unless they have a Pistol License. This is also why some gun stores will not let you hold a handgun until you have a license. (It makes it a little hard to buy your first handgun to get your license with when you can not even hold the handgun that you are going to buy.)

How old do I have to be to get a Pistol license?

     21 years old. NY never had an age in the law until 2000 when one of Gov. Mario Pataki's new gun laws put one on the books. In some counties people as young as 16 had been able to get a license depending on the Judge.

S 400.00 Licenses to carry, possess, repair and dispose of firearms.
1. Eligibility. ... No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply; ...

How can people younger than 21 years old shoot handguns?

As part of a change in the law in 2006, people between 14 and 21 can shoot AT A RANGE under certain conditions. This provision of the law was added in 2000 and originally only applied to people between 18 and 21 when the PL 400 was changed to require that you be 21 to get a handgun license.

265.20 Exemptions.
7-e. Possession and use of a pistol or revolver, at an indoor or outdoor pistol range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in small arms or at a target pistol shooting competition under the auspices of or approved by an association or organization described in paragraph 7-a of this subdivision for the purpose of loading and firing the same by a person at least fourteen years of age but under the age of twenty-one who has not been previously convicted of a felony or serious offense, and who does not appear to be, or pose a threat to be, a danger to himself or to others; provided however, that such possession shall be of a pistol or revolver duly licensed to and shall be used under the immediate supervision, guidance and instruction of, a person specified in paragraph seven of this subdivision.(See next question for a list of people who are allowed to supervise, guide or instruct you.

How old do you have to be to shoot rifles and shotguns?
What can I shoot if I am less than 14 and who has to watch over me?

If you are between 16 and 18 you can always shoot rifles and shotguns under under another section of PL 265. If you are between 12 and 16 you are limited to shooting at a range. This section also outlines who can supervise you at the range and it does include your parent or guardian.

7. Possession, at an indoor or outdoor shooting range for the purpose of loading and firing, of a rifle or shotgun, the propelling force of which is gunpowder by a person under sixteen years of age but not under twelve, under the immediate supervision, guidance and instruction of (a) a duly commissioned officer of the United States army, navy, air force, marine corps or coast guard, or of the national guard of the state of New York; or (b) a duly qualified adult citizen of the United States who has been granted a certificate as an instructor in small arms practice issued by the United States army, navy, air force or marine corps, or by the adjutant general of this state, or by the national rifle association of America, a not-for-profit corporation duly organized under the laws of this state; or (c) a parent, guardian, or a person over the age of eighteen designated in writing by such parent or guardian who shall have a certificate of qualification in responsible hunting, including safety, ethics, and landowner relations-hunter relations, issued or honored by the department of environmental conservation; or (d) an agent of the department of environmental conservation appointed to conduct courses in responsible hunting practices pursuant to article eleven of the environmental conservation law.

What if I am less than 16 and what about air guns?

See Kids and Guns.

PL§ 265.05  Unlawful possession of weapons by persons under  sixteen.     It  shall  be  unlawful  for  any person under the age of sixteen to possess any air-gun, spring-gun or other instrument or weapon  in  which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be  used,  or any  loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or  shotgun  or  ammunition therefor by the holder of a hunting license or permit issued pursuant to article eleven  of  the  environmental  conservation  law  and  used  in accordance with said law shall not be governed by this section.     A  person  who  violates  the  provisions  of  this section shall be adjudged a juvenile delinquent.

What if I am less than 12 years old?

You are limited to shooting an air gun at a range under specific supervision.

     7-d. Possession, at an indoor or outdoor shooting range for the purpose of loading and firing, of a rifle, pistol or shotgun, the propelling force of which may be either air, compressed gas or springs, by a person under twelve years of age, under the immediate supervision, guidance and instruction of (a) a duly commissioned officer of the United States army, navy, marine corps or coast guard, or of the national guard of the state of New York; or (b) a duly qualified adult citizen of the United States who has been granted a certificate as an instructor in small arms practice issued by the United States army, navy or marine corps, or by the adjutant general of this state, or by the national rifle association of America, a not-for-profit corporation duly organized under the laws of this state; or (c) a parent, guardian, or a person over the age of eighteen designated in writing by such parent or guardian who shall have a certificate of qualification in responsible hunting, including safety, ethics, and landowner  relations-hunter relations, issued or honored by the department of environmental conservation.

How long is a license good for?

A few counties and NYC have renewable licenses but Orange County does not.

    PL400.00 - 10. License: expiration, certification and renewal. ... Elsewhere than in the city of New York and the counties of Nassau, Suffolk and Westchester, any license to carry or possess a pistol or revolver, issued at any time pursuant to this section or prior to the first day of July, nineteen hundred sixty-three and not previously revoked or cancelled, shall be in force and effect until revoked as herein provided.

Is my license valid in New York City?

NO, NO, NO!!!   Look up all of the section to know the rules of transporting a gun in or through NYC.

      PL 400.00 (6.)  License:  validity.  ...  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. ... (d) the licensee is a retired police officer ...  it must be marked "Retired Police Officer" ...

    From the reverse of your LICENSE TO CARRY PISTOL ...
        2.  If issued outside of New York City, not valid to carry a weapon in New York City unless approved by the police commissioner of that city.

If a carry license is issued, what town or county can I carry the gun in?
I do know that the State carry permit does not apply to NYC. Are there other places in the state that I would not be able to carry?

     All licenses issued under NY State law PL 400.(2), Types of licenses. ... "(f)  have  and  carry  concealed, without  regard to employment or place of possession, by any person when proper cause exists for the issuance thereof;" are good through out the state except NY City. That does not mean that a few cities, like Rochester, that have local gun laws might not have some law that would make your gun illegal under local law. Rochester has an AW ban that includes shotguns with pistol grips and any Center Fire Semi-Autos Rifles that hold over 5 rounds. If you get pulled over and have your Glock 17 with a 17 round mag they take your gun and give you a ticket that has a small, ($35.00,) fine and you can get your Glock back after a while but they destroy anything in violation of their local code so you would loose the clip. Buffalo also has it's own gun laws, check first. (Any town with a population over 100,000 can set some of their on laws under home rule.)

Where else should I not carry my firearm?

    Schools, military bases, secure areas of airports and most Courts, (some allow you to turn in and store your gun,) including places where many types of hearings are held.  Many state and federal parks do not allow the possession of firearms.  You will have to check the park that you are going to.  Other businesses or a mall might have a policy that prohibits possession of guns and if found out you might be in trouble under some type of trespassing laws just like they do with someone with a skateboard. (They have no legal requirement to post signs at every door. I bought a Ruger 10/22 at sporting goods store in a mall in Middletown and could only leave through the exit that went to the parking lot where they handed me the gun at the door.  I could not leave the store through the exit that opened to the mall.) NY State Law; PL 265.01 (3) covers schools, colleges or universities.  PL265.06 covers BB & Pellet Guns by those under 16.  Both sections have an exemption that does allow possession if you have "the written authorization of such educational institution;".  Other state and federal laws apply and are subject to change at any time. No "one list" states where you can and can not carry you handgun.


This is part of a sign from a local mall. It is up to you to decide what it means.

Can I carry at the POST OFFICE?

     The following is part of what I found out posted at THE GUN ZONE web site in an article: Concealed Carry in the Post Office by Robert P. Firriolo, Esq.
     You can find this and other links at his web site at: http://firriolo.home.netcom.com/links.html

Here are the relevant sections of the law:
Title 18, United State Code, Sec. 930. - Possession of firearms and dangerous weapons in Federal facilities
     Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.
Subsection (a) shall not apply to - the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.
     In order to fall within the exception to the law, two conditions have to be met. First, one has to be engaged in the “lawful carrying of firearms.” This means you cannot be a “prohibited person” such as a convicted felon, a fugitive from justice, or fall within any of the other categories that would prohibit one from lawfully purchasing or owning a firearm under federal law.
      It also means that it must be legal for you to carry the firearm under any applicable federal, state, and local laws. If, for example, it is illegal under state law to carry a firearm in a post office, the exception in section (d) (3) of 18 U.S.C. § 930 offers you no protection. The same is true about any local regulations or restrictions on the terms of your carry permit. In other words, if state or local law, or the terms of your carry permit, prohibit carry in a post office, then such carry is not “lawful,” and the exception to the ban on carrying in federal facilities does not apply to you.
      The second condition that has to be met for one to fall within the exception to the ban on carrying a firearm in a federal facility is that one must be carrying in the facility “incident to hunting or other lawful purposes.” One cannot be in the facility with intent to commit a crime, or while committing a crime, and fall within the exception.

What do I do if I am moving into Orange County and I have a license?

    When you move from one county to another you must transfer your license to your new county.  If you are moving to Orange County from a county that has a license that must be renewed, call the Pistol Department to see what you are required to do.  Do not wait.  You do not want your license to expire while you are completing the requirements to obtain an Orange County Issued license.

How long do I have to change my address?

    Ten Days.

PL400.00 (9)  Notification of any change of residence shall be made in writing by any licensee within ten days after such change occurs, and a record of such change shall be inscribed by such licensee on the reverse side of his license . ...

    They will not really know how long you have been at your new address.  You will have to fill out the AMENDMENT form and pay the $3.00 fee. (Unless it is from renumbering because of 911. Call)

What happens if I move out of state?

     PL 400 only states that when you apply for a license that you have to apply in the county that you live in. It also only states that you have to notify the Pistol Department of your new address if you move and if you are moving to another county in NY then you have to transfer your license to that county. It does not cover what you have to do if you move out of state. As always, each county can do what they want to do so the county where you lived live can set their own rules. You will have to call them up and find out. (Please let me know what they tell you). As far as I can tell, if you have a license with the correct address on it, where ever that is, you have a valid NY license.

What happens when I die?  (To your handguns, not you.)

    The administrator of an estate is given 15 days to transfer firearms, (handguns,) to an FFL or to the Sheriff's Department.  (Under normal circumstances, the police will not know and will not come to your house 16 days after a death to collect the firearms.  Everyone knows that it is unrealistic to even expect that an administrator for an estate will be appointed in the allowed 15 days.  Having the firearms listed on another license is the easiest way to go if that is possible.  Do make sure that the firearms are safe and secure.) CALL AN FFL AND YOUR LAWYER! (See 265.20 (1)(f))
    You can turn any handguns into the Orange County Sheriff's Office.  This is done all of the time and you will be given a Receipt for the firearms that you turn in. (CLICK HERE TO SEE A COPY OF THE FORM)    You have to call up the Sheriff's department first and give them the make, model and serial number of all the guns that you are turning in.  DO NOT JUST SHOW UP AT THE FRONT DOOR CARRYING ANY GUNS OR WITH A BAG WITH GUNS IN IT.  IT IS CONSIDERED VERY, VERY BAD ETIQUETTE.

Do I have to register barrels of different caliber that fit the same gun?

    Yes  Several gun manufactures make guns that can have different calibers. Each barrel of a different caliber must be registered.  You do not have to register barrels of the same caliber but different length.

How many handguns can I own?

    Orange County does not have a formal specific limit on the number of handguns that you can own.  (Some Judges in some counties do impose a restriction as low as 3 handguns.)  Not to repeat myself but:

Of all of the votes that anyone can make that has a direct impact on handgun licenses in Orange County, THIS IS IT!  You might have a pro-gun judge now but an anti-gun judge replacement years from now can change your license Sua sponte.

Can I lend a handgun to another license holder?
Can a neighbor keep my handgun(s) for me while I am out of town?

   A license only allows a person who has a gun listed by make, model and serial number on his or her license to actually have the listed gun.  The only exception is that a person with a license is allowed to handel and shoot someone else's handgun at a range or competition but the person who has the gun listed on his or her license must be present.

 PL 265.20 Exemptions (7-a) Possession and use, at an indoor or outdoor pistol range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in small arms or at a target pistol shooting competition under the auspices of or approved by the national rifle association for the purpose of loading and firing the same, by a person duly licensed to possess a pistol or revolver pursuant to section 400.00 or 400.01 of this chapter of a pistol or revolver duly so licensed to another person who is present at the time.

   Do not let a neighbor, licensed or unlicensed, keep your handguns while you are out of town.  You can let them keep the un serialized parts like the clips, bolts, barrels or any other parts that would make the gun unusable and lock up the rest of the gun.  NOTE Some gun makers, like GLOCK, do serialize their barrels.

Do I have to buy a gun?

    NO BUT....  PL 400 does not require that you buy a gun to get a license but in Orange County judges will not give you a license if you do not have a gun.  (Some other counties give you a limited time after you get your license, like 30 days, to buy a handgun.) You will have to talk to the issuing judge to see if they will allow it.  If you do not know what gun you want to buy for your first gun, you might have a friend or relative who will give you a letter allowing you to list a gun that they own to be put on your license.  The letter has to be notarized if is part of an initial application but the letter does not have to be notarized if you are adding a firearm to your license.
     You might be able to buy a black powder and then have that as your first gun.

Does listing on my license of someone else's handgun imply ownership?

    NO.  Any number of people could have the same handgun listed on their license and never see or hold the gun.  Listing a gun on a license does not imply ownership, it only allows you to have and carry the listed firearm.  A license holder might have his or her guns listed on a spouse's or relative's license just in case something happened to the owner.  The guns then could still could be held by the other license holder.  If you want your spouse to meet you at the range with your gun, then your spouse will have to have the gun on his or her license to transport it.

Do I need to get a license for a black powder muzzle loader?

   Depends.  OPINIONS OF THE STATE ATTORNEY GENERAL:  "December 19, 1977 (informal No. 77-300): Unloaded replica muzzle loading percussion pistols may be sold, purchased and possessed without a license.  Simultaneous possession of these pistols and the necessary ammunition to discharge them requires a license. PL 265.00 (14) & (15)."  Contact the Pistol Department for current rulings.

Do I need to show my pistol license to buy Ammo?

    PL ARTICLE 270, OTHER OFFENSES RELATING TO PUBLIC SAFETY, Section 270.00 Unlawfully dealing with fireworks and dangerous fireworks. contains the following:
 

  5.    Notwithstanding  the  provisions  of  subdivision  four  of this section, it shall be unlawful for any dealer in  firearms  to  sell  any ammunition  designed  exclusively for use in a pistol or revolver to any person, not authorized to possess a pistol or revolver.   The  violation of this section shall constitute a class B misdemeanor.

    Most of the time the dealer will not ask you to show your license if it is a common rifle round such as a 22 cal. but if you ask for 9 mm, 45 cal. or the other calibers that are normally considered "Pistol Ammo" they might ask.  Some rifle maker has made a rifle in all of the calibers of what are normally considered "Pistol Ammo" so in fact their is no "ammunition  designed  exclusively for use in a pistol or revolver."  The selling point for some Carbines is that they are in a caliber used in a handgun. If your handgun and carbine are in the same caliber and are from the same maker, then you can switch magazines to the one that is most appropriate for the situation that you are in. Many police departments buy matching handguns and carbines or rifles so that a Police officer can take a mag. with 9 mm and fire it out of a 9 mm Carbine.  If they ask, show them your license if you have one.

I can't find the specific law that says you must "carry concealed". Can I open carry?

When most people apply for a license they apply under PL400 (f).

(f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof; and ...

As you can see by the first four words, your license is for concealed carry only. That would include going to and from the range or any other time you allowed to have your handgun if your license is restricted. If someone can see your gun and they call the police your judge can suspend or revoke your license. The only time that you can open carry is at the gun range. Some people have told me that when you are hunting open carry is OK but I can not find that exemption anywhere in the law. If you want to open carry, you can apply for a "Premise License" under sections (a) or (b) of PL 400.

What is a "Premise License?"

You can apply for a license under PL 400 sections:

(a) have and possess in his dwelling by a householder;
(b) have and possess in his place of business by a merchant or storekeeper;

These types of licenses are called "Premise Permits" and as you can see by their wording, they do not contain the "have and carry concealed" provision or the "when proper cause exist." They limit where you can "possess" your handgun and you are not allowed to take the gun to a range or anywhere else. Each license is a different license so you have to apply for each so if you want to have a handgun at home and where you work you will have to get two licenses and buy two guns because you can not take one from one location to another. The "premise license" is the only type of license issued by NY City. (They do that because when they issued a "target license" under section (f) and the person ignored the restrictions and carried their handgun, when the police caught them they could not arrest them because they did have a license. The only thing that the police could do is report it and then the person's license would be revoked.) Because it is NY City, they get to ignore the law and make up their own "interpretations" of NY law so they can say that say that: "A licensee may transport his licensed handgun unloaded, in a locked container with the ammunition carried separately while traveling to or from an authorized range or shooting club in New York City." Note that this limit is for NY City only because if you are going outside of NY City you can be arrested for possession of a gun without a license. (Just call the state police if you want to check.)

CLICK HERE TO SEE NY CITY'S LETTER

How do I take my gun on a trip when I fly?

No problem right now but you must check with your airline and current detailed rules. (One small airline that I know of does not allow any firearms or ammo.) You have to have an unloaded firearm in a case locked by key or combination and that has to be in a suite case that is locked by key or combination that only you have a key or combination to and you have to go to the ticket counter and declare your gun. The ticket agent will then give you a tag to fill out and they may or may not ask you to show them that the gun is unloaded. They will sign/stamp the tag that you filled out and place it in your suite case. You lock the suite case and that is it. You can not carry ammo in the same suite case. You have to carry ammo in a locked suite case in original packing and you are limited to 5 KG or about 11 lbs. NOTE: THIS MIGHT CHANGE AT ANY TIME AND EACH AIRLINE CAN SET THEIR OWN RULES. CALL YOUR AIRLINE AND IT MIGHT TAKE SEVERAL DAYS TO FIGURE EVERYTHING OUT.


 

What are the regulations that cover where I can shoot and how close I can shoot to a building?

Environmental Conservation Laws: TITLE 9, HUNTING;

11-0931. Prohibitions on the use and possession of firearms.

4. a. No person shall:
(1) discharge a firearm or long bow in such a way as will result in the load or arrow thereof passing over a public highway or any part thereof;
(2) discharge a firearm or long bow within five hundred feet from a dwelling house, farm building or farm structure actually occupied or used, school building, school playground, or occupied factory or church;
...
b. The prohibitions contained in subparagraph 2 of paragraph a above shall not apply to:
(1) The owner or lessee of the dwelling house, or members of his immediate family actually residing therein, or a person in his employ, or the guest of the owner or lessee of the dwelling house acting with the consent of said owner or lessee, provided however, that nothing herein shall be deemed to authorize such persons to discharge a firearm or longbow within five hundred feet of any other dwelling house, or a farm building or farm structure actually occupied or used, or a school building or playground or occupied factory or church;
(2) Programs conducted by public schools offering instruction and training in the use of firearms or long bow;
(3) The authorized use of a pistol, rifle or target range regularly operated and maintained by a police department or other law enforcement agency or by any duly organized membership corporation;

This section also covers many other aspects of carrying a gun around, both handguns and long guns including how many rounds your gun can hold in the field hunting and:

2. No firearm except a pistol or revolver shall be carried or possessed in or on a motor vehicle unless it is unloaded in both the chamber and the magazine, ...

NOTE: The DEC Definition of "Firearms" is not the same as the Definition under Criminal Law, PL265.
6 NYCRR Part 180, Miscellaneous Regulations, §180.3 Definition of firearms

§180.3 Definition of firearms.

For the purposes of the Fish and Wildlife Law and this Title:

(a) The word firearm shall mean any gun or other instrument which by force of gunpowder or other explosive, or which by the force of a spring, air or other gas, expels a missile or projectile capable of killing, wounding or otherwise inflicting physical damage upon fish, wildlife or other animals.
(b) The term taken down shall mean:

(1) separating the action from the barrel of a long gun which is designed to be dismantled without the use of tools; and
(2) rendering inoperable a long gun which is not designed to be dismantled without tools, so as to require tools to restore such long gun to an operable condition. A bolt action firearm with the bolt removed shall not be considered "taken down" unless it is otherwise dismantled as provided in this subdivision.

(c) "Pistol" means a firearm intended to be aimed and fired with one hand, and having a barrel length not exceeding sixteen inches.

Are PISTOL LICENSE RECORDS public information?

Yes, but only part of the record.

PL §400.00(5)
... The name and address of any person to whom an application for any license has been granted shall be a public record. ...

     You can ask for a list of everyone with a pistol permit at you county Clerk's Office. What they give you varies. Some counties only have a list that they will let you look at and you must copy down the names and addresses while other counties can give you the information on a computer disk. Some counties do charge a nominal fee for the service. Just remember that the list contains information for every license issued starting around 1936. While some counties have updated their list, many counties have not, so, if someone died or moved out of state and never notified the County Clerk then their name is still on the list. The list will not contain any other information like if the license is restricted, when it was issued and by whom and why, how many guns are on it or anything else. This issue has been settled by the courts for a long time. (NY City has lost many court cases over this issue but they still refuse to issue their list unless you take them to court.) CLICK HERE FOR MORE INFORMATION

[ I know that some people go nuts when they find out that this information is public record. If it was not public record then newspapers would not be able to get the information in NYC to show how the selected few get permits when others don't. The idea that some criminal is going to get the list so that they know who owns guns and can target their house is more than STUPID! They do not hand these list out without finding out who you are and most will ask you what you want the list for. (Some reasons are not a valid reason to get the list.) In order for your fear to be correct then that would be saying that a criminal would be willing to go to a County Clerk and request in writing the list and provide their, (the criminals,) name and address to get a list that contains the names of many people who are dead or have moved away so that the criminal can break into a house that they think of a gun owner to steal guns that might only be a single shot flint lock black powder gun or a 38 special or a 22 plinking pistol. I have never known of anything like this happening. What about the names of gun owners that end up in the newspaper because they won an award or some contest or the names that are listed on a clubs web site

SEALED COURT CASE AND WHO CAN SEE THEM
From "HOW TO GET AND CLEAN UP YOUR NEW YORK STATE RAP SHEET"

• WHAT DOES IT MEAN IF A CASE IS SEALED?
       When a case is sealed, your fingerprints, palm prints and mug shots are destroyed, and information about the sealed arrest is removed from the version of your rap sheet that will be sent to employers and others. However, you should understand that the record of a sealed arrest is never completely destroyed. A record of all your arrests will still remain in a confidential file in the DCJS computer. Only in very limited circumstances can sealed information be released.
• WHAT KINDS OF CASES CAN BE SEALED?
       Information about cases that were terminated in your favor and cases in which you were convicted of a "violation" rather than a "criminal offense" can be sealed.
• WHO GETS TO SEE SEALED CASES?
       Sealed information for arrests that were terminated in your favor (pursuant to CPL §160.50) is released by DCJS in only a few situations.
  • If you make a request to see your own rap sheet, sealed information will appear on it (see page 34, "How do I know that my case has been sealed?").
  • If you apply for a license to carry a gun, the agency which issues the license or permit (usually the local law enforcement agency) will get sealed information from DCJS.
  • If you apply for a job as a law enforcement or peace officer, or any other job which requires you to carry a gun, the employer will have access to sealed and confidential information from DCJS.

---

THE BRADY BILL AND THE NICS SYSTEM

    DEFINITIONS:    National Instant Criminal Background Check System or NICS. This new system contains information from a much larger database than the National Crime Information Center or NCIC that we are familiar with. The NICS systems includes database information from:

• The NCIC or National Crime Information Center.
• The Interstate Identification Index or III that contains automated criminal history records.
• The NICS Index that contains records on individuals in other firearms prohibited categories such as dishonorable discharge.

The required check started Nov. 30th 1998 for all long guns and handguns, as part of the Brady Bill.  

5/2/2006 - NY Handgun License Holders no longer exempt from NICS check

     When the Brady/NICS check started in Nov. 1998, anyone with a handgun license in NY State that was less than 5 years old was exempt from the required NICS check when they bought a long gun or handgun. Also, if your license was over 5 years old, if you added a handgun to your license, most County Pistol License Department would send your Amendment through the Sheriff's Department where they would do their required check and you would be issued a NICS Certificate that was good for five years of exemption for NICS checks on handgun and long guns.
     The special NY exemption ended on May 2, 2006 because of the failure of NY DCJS to meet the requirements of the FBI. For more information see the full FBI OPEN LETTER TO ALL NEW YORK FIREARMS LICENSEES .

From the FBI letter:
"In 1998, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) sent an Open Letter to all New York FFLs advising them that New York Licenses to carry and possess handguns would qualify as alternatives to background check required under the Brady Law. In March 2004, ATF began a review of all States that had permits that qualified as NICS check alternatives to determine if they still qualified. In May 2005, we informed New York’s Division of Criminal Justice that New York no longer met the qualifications. We gave them until September 30, 2005, and then an extension until April 30, 2006, to address our concerns. New York was not able to meet our concerns during this time frame. Accordingly, New York licenses to carry and possess handguns can no longer qualify as a NICS check alternative."

THIS IS NO LONGER VALID   In ORANGE COUNTY:    A NICS check is done by the FBI when it checks your fingerprints for your original license. That check is good for 5 years for both handguns and long guns but you must show your license when buying a long gun to avoid the NICS check.    If your license is over 5 years old, when you add a handgun to a license you will have to supply some additional information and the Sheriff's Department will run a NICS check. The Pistol Permit Department of the County Clerk's office will issue you the green purchase slip and the new NICS certificate, (or PPB-7 form,) to show when your NICS check was done signed by the Sheriff's Department. When you go to pick up your handgun, you will have to show both items but you keep the NICS Certificate. PPB-7 FORM     If you are buying a long gun, the store will not have to run a NICS check if you show your pistol license or NICS Certificate, (or PPB-7 form,) and it is less than 5 years old.

 

FBI/NICS Web Site

     The FBI maintains information about the NICS program on it's web site titled: National Instant Criminal Background Check System (NICS) Information. They also have another page, National Instant Criminal Background Check System, that contains an outline of the program, Definitions of Prohibiting Categories, and what to do and who to contact after receiving a denial. They also have another page, A NICS DELAY..., that outlines what happens if you are given a DELAY.

GENERAL INFORMATION ABOUT BRADY/NICS
    This law first took effect in 1993, (passed by a Democratic controlled Congress and signed by Pres. Clinton,) and was made up of two parts.  Both are very complicated in detail but because the holder of a New York State Pistol License is, for the most part, exempt if they meet the 5 year rule, we normally do not have to deal with this requirement. The 5 year rule is that you must have had a NICS Check done in the last 5 years at the time of your handgun or long gun purchase, and you have proof by having a license that is less than 5 years old or a certificate issued to you that is less than 5 years old.  The New York State Department of Criminal Justice Service proved to the FBI's satisfaction that NY State law is more restrictive than what the federal law requires in order for us to have the exemption.  (SEE: AMENDMENTS)
BRADY I PART A
    The first part of the Brady Bill set the national standard for background checks for the sell by FFLs of all handguns, (not long guns.)  Many states, including NY, were exempt because of higher state requirements.  It included a three day waiting period and a requirement for a check by the local county sheriffs department of local, state and federal records.  Normally this check included a NCIC check.  The provision of the law that required that the Sheriff's Departments do the check was ruled unconstitutional by the Supreme Court and after that ruling the check was done on a voluntary basis.  This part of the law expired on the day that Brady II took effect on Nov. 28, 1998 with it went the three day waiting period.
BRADY I PART B
    At that time the original bill passed it contained the provisions that called for the NICS check to start in 1998 thus allowing adequate time for the system to be set up.  When the "Instant Check System" came on line the 3 day wait for handgun sales ended but the requirement that all guns sold by an FFL, including all long guns be checked, started.  Most people thought that the BATF would do the check because they are prohibited by law from keeping any list of gun owners.  However, the FBI was given that responsibility and originally they found a way to keep the names, address, social security numbers and the date and seller of the firearm for at least 8 months. (Under changes made by A.G. Ashcroft in the Bush administration, names are only being kept for a minimum amount of time as stated in the original bill.)  The FBI had also proposed that a fee of around $14 be charged for the NICS check but that fee was dropped.

BRADY PART II
    This bill is still being written and has not passed but provisions are being pushed by the anti-gunners.  In a classic bait and switch, what was agreed to under Brady I, the ending of the 7 day waiting period, is now the most important thing in the world.  Also proposed for inclusion in the bill are, an Arsenal License, (good for 3 years with BATF inspection, if you owned 20 guns or parts or have 1,000 rounds of ammo or primers,) one gun a month, ban on all magazines over 6 rounds, increased taxes (50% on ammo, 30% on handgun), no mail sales of ammo, required license, valid for 2 years, for all handguns and more.  Other things that the anti-gunners want to be added are requirements to lock up all guns, allow lawsuit against gun owners, small handgun ban, and anything else that can pass.

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POPULAR MYTHS

It is too hard to get a license.	State law allows you to get a license and, while it is not as easy as it should be, it is not so hard that a normal citizens should not be able to get a license if you are willing to put up with the paper work and pay the money.
It takes too long to get a license.	State law limits the time it takes to 6 months.  After that they are required to tell you why it is taking so long.  Recent changes in the way the Sheriff Department process the licenses allows new licenses to be issued in as little as 2 months.  Most licenses are issued in between 2 and 3 months
The Sheriff's Department, Judges and the Pistol Permit Department do not want me to get a license.	Nothing could be further that the truth.  They are all required to follow the law but I have never known of them going out of their way to prevent someone from getting a license.  They will do everything that they can to answer your question but it is not their fault if you do not like the answer.  They can not change the laws on their own.  Some Judges had a pistol license before they became Judges and support the RKBA.
I can shoot a handgun after I put  in my application.	This is not allowed under state law.  The only exemption that state law allows requires you to do more than what is required to get a regular license and it could actually increase the amount of time that it takes to get your license.  No one, however, is out to arrest people who do shoot a handgun while taking a class and I know of no one who has ever been arrested for it.  That is not to say that something might not happen if someone had an accident.
I do not have a license but I can shoot with my friends or spouses licensed handgun as long as they are with me and I am at a range.    Click here for Special information for those between 18 and 21.	This has two answers. #1. FOR THOSE 21 OR OVER. NO!!  NEVER!!  NOT ALLOWED UNDER ANY STATE LAW!!    PL 265.01 makes it illegal for anyone to possess a handgun.  PL 265.20 then states exemptions to the law and having a license issued pre PL 400 is one of them.  NO OTHER WORDING ALLOWS EXEMPTIONS JUST BECAUSE YOU ARE AT A RANGE OR EVEN IF YOU ARE WITH A POLICEMAN OR TAKING A GUN SAFETY CLASS.  #2. FOR THOSE 14 TO 21 As of Nov. 1, 2000 if you are between 14 and 21 and are at a facility and under supervision that meets the requirements outlined under the new law you are allowed to use and shoot a handgun.
I can never get an unrestricted license.	This has gotten much better in the last few years and several Judges do issue "UNRESTRICTED" licenses if you ask on initial applications and amendments.  (But no Judge issues "UNRESTRICTED" 100% of the time.)  While some Judges do not issue unrestricted licenses others will allow you to request just about anything but just will not put "UNRESTRICTED" on your license.  It only cost $3.00 to ask and you have nothing to loose.  You will never get an unrestricted license if you do not ask for it.
I do not know any Peace Officer, Judge or other important person that can sign for my references.	At one time that was a requirement to get a license but that is not true today.  It does not hurt if you know someone who can sign for you but your next door neighbor, postman/woman, or banker will work fine.  (I would not get someone who is a convicted felon but nothing in the law would covers this.)
If I have a restricted license,  I have to carry my gun locked in the trunk of my car going to and from the range.	You can carry you handgun loaded on your person as long as you are engaged in activity allowed by your restrictions.  Carrying Concealed going to and from the target range is allowed but you might not want to buy gas or go into the store to get milk.  Just because you have some targets in the trunk might not convince a police person or your Judge that you are going to a range to shoot.  Just apply for an unrestricted license.
You can have your gun with you as long as it is unloaded and locked in the trunk of your car.	Nothing in PL 400 talks about this option.  The only time it is brought up is in relation to driving through New York City.  Your Judge might tell you this but I would get it in writing.  If you have bullets the gun is "LOADED" under PL265.00(15).
You have to be 21 to get a license.  NOTE: AS OF NOV. 1ST 2000 THIS IS NO LONGER A MYTH!	This changed on Nov. 1st, 2000 when a new law require that you be 21 to get a license but allows persons from 18 to 21 of age to shoot a handgun at a range under a certified instructor without a license. In 2006 the age was expanded to 14 to 21 year olds.   (Under old law some counties would issue license to people as young as 16, in Orange County along with most other counties the age was 18 and state law did not set an age.)
You can not go into a bar with your firearm.	No state or federal law prevents you from being in a bar with a legal firearm.  Some states that have Concealed Carry Laws do prohibit the practice but New York law does not address the issue.  That is not to say that your issuing Judge will not frown on the practice if you are found out.
Judges have to put restrictions on my license.	Nothing in NY Law even mentions "restrictions".  It is new law that was found by the courts.  The State Appeals Court ruling that allows restrictions was decided on June 9, 1994. See: O'Connor v. Scarpino

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PEPPER SPRAY
in NY

General Information:

• You have to be at least 18 years old, (See: 14. (b) (i) )
• You can not be a convicted felon, (See: 14. (b) (ii) & (iii))
• A "WARNING" label is required. (If you purchase it in another state it might not have the correct label.) (See: 14. (c))
• You have to buy it from a licensed pharmacist, or firearms dealer, (See: 15)
• You will have to show ID and fill out a form, (See: 15 (b))

See law below for some of the other regulations:

LAWS REGULATING PEPPER SPRAY ARTICLE 265 FIREARMS AND OTHER DANGEROUS WEAPONS IN PART: 14. Possession in accordance with the provisions of this paragraph of a self-defense spray device as defined herein for the protection of a person or property and use of such self-defense spray device under circumstances which would justify the use of physical force pursuant to article thirty-five of this chapter. (a) As used in this section "self-defense spray device" shall mean a pocket sized spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air or any like device containing tear gas, pepper or similar disabling agent. (b) The exemption under this paragraph shall not apply to a person who:            (i) is less than eighteen years of age; or            (ii) has been previously convicted in this state of a felony or any assault; or            (iii) has been convicted of a crime outside the state of New York which if committed in New York would constitute a felony or any assault crime. (c) The department of health, with the cooperation of the division of criminal justice services and the superintendent of state police, shall develop standards and promulgate regulations regarding the type of self-defense spray device which may lawfully be purchased, possessed and used pursuant to this paragraph. The regulations shall include a requirement that every self-defense spray device which may be lawfully purchased, possessed or used pursuant to this paragraph have a label which states: "WARNING: The use of this substance or device for any purpose other than self-defense is a criminal offense under the law. The contents are dangerous - use with care. This device shall not be sold by anyone other than a licensed or authorized dealer. Possession of this device by any person under the age of eighteen or by anyone who has been convicted of a felony or assault is illegal. Violators may be prosecuted under the law." 15. Possession and sale of a self-defense spray device as defined in paragraph fourteen of this subdivision by a dealer in firearms licensed pursuant to section 400.00 of this chapter, a pharmacist licensed pursuant to article one hundred thirty-seven of the education law or by such other vendor as may be authorized and approved by the superintendent of state police. (a) Every self-defense spray device shall be accompanied by an insert or inserts which include directions for use, first aid information, safety and storage information and which shall also contain a toll free telephone number for the purpose of allowing any purchaser to call and receive additional information regarding the availability of local courses in self-defense training and safety in the use of a self-defense spray device. (b) Before delivering a self-defense spray device to any person, the licensed or authorized dealer shall require proof of age and a sworn statement on a form approved by the superintendent of state police that such person has not been convicted of a felony or any crime involving an assault. Such forms shall be forwarded to the division of state police at such intervals as directed by the superintendent of state police. Absent any such direction the forms shall be maintained on the premises of the vendor and shall be open at all reasonable hours for inspection by any peace officer or police officer, acting pursuant to his or her special duties. No more than two self-defense spray devices may be sold at any one time to a single purchaser.

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Handgun carry information for out of staters coming to NY and NY City

ONE EXCEPTION: HR 218 allows active duty police officers and with certain requirements, retired police officers to Carry any where in the US. I have talked to Anne Stone of the NYPD Legal, 646-610-5400, and she said that they follow Federal law.

    I keep getting e-mails from out of state people who want to know what they have to do to get a carry license in
NY State or NY City or if their state license is valid in NY State or NY City. My only reply, (just kidding,) is,

"Are you NUTS??"       I know that this might come as a shock to you but NY in general is really, really, really anti-gun and triple that for concealed carry. (Fortunately, the way NY State law is set up, many "Up State" counties are more reasonable especially when the local gun owners are politically active and carry some weight.) NY City is really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, anti-gun and that to a power of 100 for concealed carry. Just to have a 38 in your night stand takes a year to get a license many requirements just to make it hard like you have to pick up the application in person and your application has to be typed plus many other requirements. You have to pay $99 for the license plus $340 every 3 years for a license.      My NY State handgun license is not even valid in NYC.      NY City does not even issue handgun licenses to people who do not live in NY City.      NY City does not issue anything except for a "Premise license" that only allows you to keep a handgun in your home or where you work and you can take it unloaded in a locked container to an approved NY City range to practice. You are not even legally allowed to take it outside of NY City.

The following are past Newsletter articles

From an Aug. 2001 Newsletter NYC makes major changes to Handgun License rules and fees     New York City made some major changes to the handgun license rules effective June 30th.  They raised the fee for a license from $170 to $255 but they increased the license from 2 years to 3 years so the fee is still $85 a year.  They also changed the types of licenses.  They dropped the target license and replaced it with a redesigned "PREMISES LICENSE".  In the past the Premises License only allowed you to keep a loaded gun at home or in a business and you were very limited in when you could take the gun to a range.  They also required anyone with a Target License to be a member of a range.  According to what I was told when I called them, a premise license now allows you to take a gun to the range any time that you want to, you do not have to belong to an approved range and you can keep the gun loaded at home.  (I think that  would be considered an improvement.)  However you still can not have a combined license for Residence AND Business so you will have to have two guns and pay the fees for two licenses.     One additional change was if you had a license from another NY county and wanted to take your gun into NYC, in the past,  you were required to get a target license.  Now however, because they do not have a target license anymore, they have no way to validate your license so that you can carry your gun into NYC to target shoot.     From the NYC web site: PREMISES LICENSE: IS A RESTRICTED TYPE OF LICENSE. It is issued for your RESIDENCE or BUSINESS. The Licensee may possess a handgun ONLY on the premises of the address indicated on the front of the license. Licensees may also transport their handguns and ammunition in SEPARATE LOCKED CONTAINERS, DIRECTLY to and from an authorized range, or hunting location. HANDGUNS MUST BE UNLOADED WHEN TRANSPORTING. From the Dec. 2002 Newsletter NY City makes it illegal to carry a licensed handgun outside of NYC for any reason except hunting On 11/4/02 I sent the following letter: Cpt. Roy Richter One Police Plaza New York, NY 10038 Dear Cpt. Richter: I have two question. First: New York City has started only issuing a PREMISES LICENSE and your web site states: Licensees may also transport their handguns and ammunition in SEPARATE LOCKED CONTAINERS, DIRECTLY to and from an authorized range, or hunting location. HANDGUNS MUST BE UNLOADED WHEN TRANSPORTING. QUESTION 1: Is the new PREMISES LICENSE valid throughout New York State so that a person with a new PREMISES LICENSE can legally travel to public ranges or private clubs or land within the rest of New York State without being arrested or having his/her guns confiscated because they do not hold a valid license? Second: NY State Penal Law Section 400 contains the following: 6. License: validity. ... 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. QUESTION 2: How can someone from another county in New York State get a special permit that would allow them to carry a handgun to a range in NY City for practice or competition? On 12/5/02 I got the following reply:   The City of New York Police Department License Division One Police Plaza, Room 110 New York, NY 10038 (646) 610-5560 December 2,2002 George W. Rogero P .0. Box 340 Washingtonville, NY 10992 Dear Mr. Rogero:      Your letter to Captain Richter concerning premise handgun licenses has been referred to me for reply. In response to your first question regarding the validity of New York City premise licenses outside the City, please note that a premise license issued by the New York City Police Department is limited as to place of possession, and therefore would not be valid outside the licensed premises. There are two exceptions to this rule, however. A licensee may transport his licensed handgun unloaded, in a locked container with the ammunition carried separately while traveling to or from an authorized range or shooting club in New York City. The other exception covers New York City premise licenses with a hunting authorization. Those licensees may transport their licensed handgun to an authorized area designated by the New York State Fish and Wildlife law. Again, the handgun must be transported unloaded, in a locked container with the ammunition carried separately.      Regarding your second question, the New York City Police Department only issues special validations for business carry and carry guard/security licenses issued by counties outside of the City of New York. As the New York City Police Department no longer issues target licenses, it will not validate a target license issued by another county.      If you would like further information regarding this matter, you may contact either Sergeant Michael Marten or Sergeant Christopher Montagna of my staff. They can be reached at 646-610-5551. Yours truly yours Thomas M. Prasso Director From July 2004 Newsletter New York City gun fees to increase Friday, July 16, 2004       As expected, this week Mayor Bloomberg (R) approved the fee hikes for gun licenses. The City Council overwhelmingly agreed to the increases on a vote of 47-3. This increases pistol licenses to $340 and long gun licenses to $140 for three years.

     The AG of NY state issued an opinion in 1997: " 97-F4, With limited exceptions, New York law does not recognize or give effect to licenses to carry firearms issued by the State of Georgia or any other state."
      The law suite of  Bach v. Pataki, et al was filed on 11/29/02 in Federal Court to force NY to allow non-residents to apply for a pistol license. He lost.
     PL 265 contains the following that allows out of state residents to have a handgun in NY state under very specific and restricted conditions:

12. Possession of a pistol or revolver by a person who is a member or coach of an accredited college or university target pistol team while transporting the pistol or revolver into or through New York state to participate in a collegiate, olympic or target pistol shooting competition under the auspices of or approved by the national rifle association, provided such pistol or revolver is unloaded and carried in a locked carrying case and the ammunition therefor is carried in a separate locked container.      13. Possession of pistols and revolvers by a person who is a nonresident of this state while attending or traveling to or from, an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association and in which he is a competitor, within forty-eight hours of such event or by a person who is a non-resident of the state while attending or traveling to or from an organized match sanctioned by the International Handgun Metallic Silhouette Association and in which he is a competitor, within forty-eight hours of such event, provided that he has not been previously convicted of a felony or a crime which, if committed in New York, would constitute a felony, and further provided that the pistols or revolvers are transported unloaded in a locked opaque container together with a copy of the match program, match schedule or match registration card. Such documentation shall constitute prima facie evidence of exemption, providing that such person also has in his possession a pistol license or firearms registration card issued in accordance with the laws of his place of residence. For purposes of this subdivision, a person licensed in a jurisdiction which does not authorize such license by a person who has been previously convicted of a felony shall be presumed to have no prior conviction. The superintendent of state police shall annually review the laws of jurisdictions within the United States and Canada with respect to the applicable requirements for licensing or registration of firearms and shall publish a list of those jurisdictions which prohibit possession of a firearm by a person previously convicted of a felony or crimes which if committed in New York state would constitute a felony.

    So as it stands right now, in 2005, "the New York City Police Department only issues special validations for business carry and carry guard/security licenses issued by" (NY State,) "counties outside of the City of New York." Forget about getting a "business carry" because if you normally carry enough money or valuables to qualify, you can afford to have armed security or retired NY City police officers. (That is one racket the retired police have, they have full carry in NYC so they can rent themselves out to do anything and still carry. Many out of town rich people hire them as drivers or escorts.)
     So don't even think about bringing your handgun for concealed carry into NY State, much less NY City.

CLICK HERE TO LINK TO MY LINKS2 PAGE WITH NYC LINKS

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THIS SECTION RELATES TO RIFLE AND SHOTGUNS ONLY

§ 10-305 Exemptions. The sections requiring rifle and shotgun permits and certificates and prohibiting the possession or disposition of assault weapons shall not apply as follows: