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Posted: 12/15/2010 4:55:52 PM EDT
Reading another topic made me wonder this, as well as talking to someone about it....

In my county, suffolk. Im issued a carry with the "sportsman license" limits. Only to and from the range and/or hunting. In other countys i heard judges give them at discretion, so if you get a really nice judge, you can get a full carry. Both are legal throughout the state. So, i can go up the saratoga with my pistols, and joe blow with full carry can come down to suffolk. He gets to walk around with it where he wants down here, but i can only have it on me while going to the range?

Thats where this gets fuzzy for me. I know the restrictions on my license, but, not all liceneses are created equal right? So even though person A and Person B may both have permits valid in the entire state, person B may have restrictions while Person A does not because of the issuing authority?

Thanks
Link Posted: 12/15/2010 5:01:35 PM EDT
[#1]
Quoted:
Reading another topic made me wonder this, as well as talking to someone about it....

In my county, suffolk. Im issued a carry with the "sportsman license" limits. Only to and from the range and/or hunting. In other countys i heard judges give them at discretion, so if you get a really nice judge, you can get a full carry. Both are legal throughout the state. So, i can go up the saratoga with my pistols, and joe blow with full carry can come down to suffolk. He gets to walk around with it where he wants down here, but i can only have it on me while going to the range?

Thats where this gets fuzzy for me. I know the restrictions on my license, but, not all liceneses are created equal right? So even though person A and Person B may both have permits valid in the entire state, person B may have restrictions while Person A does not because of the issuing authority?

Thanks


Exactly, clear as mud right?
Link Posted: 12/15/2010 5:08:27 PM EDT
[#2]
Motherfuck!

Yeah, yeah. I was thinking "No, this seems retarded, it cant- OH WAIT YES IT CAN"
Link Posted: 12/15/2010 5:30:05 PM EDT
[#3]
Yes, people from many upstate counties that grant full carry permits can carry on Long Island, but Long Island residents can't carry. Dumbest rule thats not in the book...
Link Posted: 12/15/2010 5:32:59 PM EDT
[#4]
Even though i really would carry most of the time around my area.. the fact that i'm not able to, while others can, even with the same license, pisses me off to no end.
Link Posted: 12/15/2010 5:41:09 PM EDT
[#5]
Quoted:
Even though i really would carry most of the time around my area.. the fact that i'm not able to, while others can, even with the same license, pisses me off to no end.


Same license as you except mine say unrestricted and I can carry in NY anywhere not in NYC proper
Link Posted: 12/15/2010 6:08:51 PM EDT
[#6]
Crazy isn't it.
Thank God I am in a good county. You can beat the system I think, though. Move to a good county, transfer your permit to the new county and petition the judge there to lift the restrictions, then move back to your old county, but keep your unrestricted permit in the good county. Would probably take about a year, but theoretically, it is possible.
Link Posted: 12/15/2010 6:09:02 PM EDT
[#7]
It's technically not illegal to carry your gun when you want if you have a permit, there is no crime committed, but the scumbag who issued it can revoke it for carrying outside what they issued it for, it's a very gray area
Link Posted: 12/15/2010 6:46:56 PM EDT
[#8]
Yeah, like i said. I wouldn't carry it around here anyway (most of the time, the option would be fucking nice though >.<) But yeah. Maybe if i move upstate but.. i doubt it. Certianly wouldnt do it just for that.
Link Posted: 12/15/2010 6:49:07 PM EDT
[#9]
Quoted:
It's technically not illegal to carry your gun when you want if you have a permit, there is no crime committed, but the scumbag who issued it can revoke it for carrying outside what they issued it for, it's a very gray area


Truth.

We had a huge thread on this a week or so ago...but here goes...

Even though you were issued a "restricted" license, it isn't really restricted.

Any judge that "restricts" a permit is not actually following NYS Penal law Article 400 as it pertains to issuing types of pistol licenses. Nowhere does it grant the judge the power to "restrict" a pistol license to "hunting / target" only.

He can either issue you a full carry permit, or a premise only permit. Premise only doesn't even allow you to take it to a range or hunting...it's ONLY good for that address...

Which is why every judge actually issues a FULL carry permit, otherwise known as a "carry without regards to employment" license...but some judges think they can make up their own types of pistol licenses...so some make up the bullshit "target/hunting/sportsmen" licenses by simply stamping arbitrary words onto your permit. It's judicial activism, and a clear cut case of illegally "legislating from the bench."

So if you carry everywhere with a "target/hunting" license, it's not against any criminal penal law...but as always, a judge can revoke your permit if you are caught, or for ANY reason he sees fit, for that matter.

Yes, bullshit (and totally incorrect) case law/court decisions have upheld that county judges DO have the power to restrict carry permits, but they also upheld that the restrictions were administrative only, and not actually against any laws...so you couldn't be arrested for carrying against restrictions.

This should all change soon with the Westchester County court case.

But to answer your question, yes, I could carry anywhere in Long Island, and if for some reason a cop "found out" I was carrying, he couldn't do shit.
Link Posted: 12/15/2010 7:18:08 PM EDT
[#10]
What is this Weschester county court case? And the only place i'd really like to carry is in nyc. But most of the time im working and wouldnt be able to carry, and even then, state permit isnt valid. But we know how many criminals carry illegally.
Link Posted: 12/15/2010 8:36:26 PM EDT
[#11]
Quoted:
What is this Weschester county court case? And the only place i'd really like to carry is in nyc. But most of the time im working and wouldnt be able to carry, and even then, state permit isnt valid. But we know how many criminals carry illegally.


The NY permit isn't good in NYC, so even if you had an unrestricted permit you couldn't carry in NYC.
Link Posted: 12/15/2010 8:43:46 PM EDT
[#12]
Quoted:
Quoted:
What is this Weschester county court case? And the only place i'd really like to carry is in nyc. But most of the time im working and wouldnt be able to carry, and even then, state permit isnt valid. But we know how many criminals carry illegally.


The NY permit isn't good in NYC, so even if you had an unrestricted permit you couldn't carry in NYC.


I know, said it in my quote
Link Posted: 12/15/2010 8:53:37 PM EDT
[#13]
Quoted:
Quoted:
Quoted:
What is this Weschester county court case? And the only place i'd really like to carry is in nyc. But most of the time im working and wouldnt be able to carry, and even then, state permit isnt valid. But we know how many criminals carry illegally.


The NY permit isn't good in NYC, so even if you had an unrestricted permit you couldn't carry in NYC.


I know, said it in my quote


That's what happens when I start replying to threads late at night or early in the morning.
Link Posted: 12/15/2010 8:57:52 PM EDT
[#14]
Tis alright, nyc is evil, had to be said
Link Posted: 12/16/2010 1:42:07 AM EDT
[#15]
In the 80's when I lived on LI,they had a few 24 hour ranges.
You just kept a range bag with your stuff in it and did as you wish.
Link Posted: 12/16/2010 6:20:45 AM EDT
[#16]
Quoted:
In the 80's when I lived on LI,they had a few 24 hour ranges.
You just kept a range bag with your stuff in it and did as you wish.


yep.  My range is 24hrs.  I go there to clean my guns too.
Link Posted: 12/16/2010 5:00:11 PM EDT
[#17]
Quoted:
Crazy isn't it.
Thank God I am in a good county. You can beat the system I think, though. Move to a good county, transfer your permit to the new county and petition the judge there to lift the restrictions, then move back to your old county, but keep your unrestricted permit in the good county. Would probably take about a year, but theoretically, it is possible.


No.  You would what, lie about your resident status?  Not change the address and not transfer it back when you move?  Maybe, MAYBE if you still owned the property upstate and legally only if you spent 50% or greater of your time there, but that would be difficult to prove, especially since they know where you are employed.
Link Posted: 12/16/2010 5:04:20 PM EDT
[#18]
Quoted:
Quoted:
It's technically not illegal to carry your gun when you want if you have a permit, there is no crime committed, but the scumbag who issued it can revoke it for carrying outside what they issued it for, it's a very gray area


Truth.

We had a huge thread on this a week or so ago...but here goes...

Even though you were issued a "restricted" license, it isn't really restricted.

Any judge that "restricts" a permit is not actually following NYS Penal law Article 400 as it pertains to issuing types of pistol licenses. Nowhere does it grant the judge the power to "restrict" a pistol license to "hunting / target" only. Technically, the power to issue a restricted license is derived from the "proper cause" clause, so they ARE issued in accordance with an interpretation of 400.

He can either issue you a full carry permit, or a premise only permit. Premise only doesn't even allow you to take it to a range or hunting...it's ONLY good for that address...

Which is why every judge actually issues a FULL carry permit, otherwise known as a "carry without regards to employment" license...but some judges think they can make up their own types of pistol licenses...so some make up the bullshit "target/hunting/sportsmen" licenses by simply stamping arbitrary words onto your permit. It's judicial activism, and a clear cut case of illegally "legislating from the bench."

So if you carry everywhere with a "target/hunting" license, it's not against any criminal penal law...but as always, a judge can revoke your permit if you are caught, or for ANY reason he sees fit, for that matter.

Yes, bullshit (and totally incorrect) case law/court decisions have upheld that county judges DO have the power to restrict carry permits, but they also upheld that the restrictions were administrative only, and not actually against any laws...so you couldn't be arrested for carrying against restrictions. Stick with that.

This should all change soon with the Westchester County court case.

But to answer your question, yes, I could carry anywhere in Long Island, and if for some reason a cop "found out" I was carrying, he couldn't do shit.



Right idea, not exactly correct in the getting there.
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