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Posted: 9/12/2010 12:54:30 PM EDT
[Last Edit: 9/12/2010 5:48:00 PM EDT by tau-neutrino]
I'm moving from NYS shortly. Is there anything I need to do with my Nassau permit? Can I hold onto it in case I come back?

ETA: Below.
Link Posted: 9/12/2010 1:26:26 PM EDT
How many years left on it before renewal?
Link Posted: 9/12/2010 2:20:44 PM EDT
1. You plan on coming back?

2. Why?

Srsly, I think there's probably a change of address/personal info requirement that would have you turn it in/cancel it.
Link Posted: 9/12/2010 3:33:56 PM EDT
congratulations
I was smart enough to do this a while back, but was stupid enough to move back
Link Posted: 9/12/2010 3:45:48 PM EDT

Originally Posted By tau-neutrino:
I'm moving from NYS shortly. Is there anything I need to do with my Nassau permit? Can I hold onto it in case I come back?

Don't relinquish your permit if there is a remote chance you'll return. If possible, maintain a residence in NY, so that at the very worst, if you had to fly/drive back here, you could lawfully possess a gun in your NY domicile.

If I ever move, I'd be damn sure to maintain a residence here.


Link Posted: 9/12/2010 5:47:33 PM EDT
[Last Edit: 9/12/2010 5:48:38 PM EDT by tau-neutrino]
When I got the permit a year and a half ago, I was living with my parents in Nassau and that is where the permit says I live. I still maintain a residence there, but will work on the other side of the country in a state that requires registration. So, I'm wondering if I go ahead and register my pistols in the other state in order to legally possess them at my primary residence, can I still maintain my NYS/Nassau permit? Would I be doing anything illegal by maintaining my NYS permit?

I don't necessarily intend to return to NYS , but the possibility exists if everything goes financially south for me.
Link Posted: 9/12/2010 8:49:05 PM EDT

Originally Posted By tau-neutrino:
When I got the permit a year and a half ago, I was living with my parents in Nassau and that is where the permit says I live. I still maintain a residence there, but will work on the other side of the country in a state that requires registration. So, I'm wondering if I go ahead and register my pistols in the other state in order to legally possess them at my primary residence, can I still maintain my NYS/Nassau permit? Would I be doing anything illegal by maintaining my NYS permit?

I don't necessarily intend to return to NYS , but the possibility exists if everything goes financially south for me.

Once you relinquish your NY residency, you are required to surrender your NY pistol permit. It is easier to get a permit in CA than it is in NY, and certainly far easier in Las Vegas, NV.

Buy another gun, or three, for possession in that state.

If you're gonna do the whole auto insurance/driver's license thing for out west, then yes, you'd be skating on thin ice with a blowtorch.

/ml
Link Posted: 9/12/2010 9:43:15 PM EDT

Originally Posted By ml2150:

Originally Posted By tau-neutrino:
I'm moving from NYS shortly. Is there anything I need to do with my Nassau permit? Can I hold onto it in case I come back?

Don't relinquish your permit if there is a remote chance you'll return. If possible, maintain a residence in NY, so that at the very worst, if you had to fly/drive back here, you could lawfully possess a gun in your NY domicile.

If I ever move, I'd be damn sure to maintain a residence here.
This. I would do everything I could to maintain a pistol permit in NY state if I ever intended to move back permanently or come back for any period of time.
Link Posted: 9/13/2010 3:22:49 AM EDT

Originally Posted By tau-neutrino:
When I got the permit a year and a half ago,

Which means you paid close to $300 for a permit you have only gotten 1 1/2 years of use out of. I would try to at least hold on to it until it expires. No refunds from Nassau for unused time!
Link Posted: 9/14/2010 7:16:47 AM EDT
if you still maintain a residence in NY- your parents for example listed as your NY address you can keep the permit. If you permanently leave NY with no residence here, you are required to surrender the NY permit as a non-resident can not have one.
There is a lot of grey zone here- for instance an out of stater who has a seasonal home- summer cottage ski chalet hunting cabin can claim this as a residence and have a ny permit even thoguh they may only physically live there a few months of the year. I know of at least one case of a canadian citizen with a ny permit for this very reason
Link Posted: 9/15/2010 6:50:12 PM EDT
133 Misc.2d 38, 506 N.Y.S.2d 626

View New York Official Reports version
County Court, Oswego County, New York.
In the Matter of License to Carry a Pistol No. C 2485, Issued to Barbara A. DAVIES, Residing at Box 61, Route 365, Stittville, N.Y.

Sept. 2, 1986.

Applicant for permit to carry pistol requested hearing after license was suspended. The County Court, Oswego County, Hurlbutt, J., held that “resides” within meaning of statute that requires application for permit to carry revolver to be made to licensing officer in county in which applicant resides is substantially equivalent to domicile, and, thus, applicant's residence existed in county in which applicant owned home, rather than in county in which applicant spent time with parents and in which applicant occasionally lived.

Permit to carry pistol revoked.

“Resides” within meaning of statute that requires application for permit to carry revolver to be made to licensing officer in county in which applicant resides is substantially equivalent to domicile, and, thus, applicant's residence existed in county in which applicant owned home, maintained voter and motor vehicle registration, and worked, rather than in county in which applicant spent time with parents and in which applicant occasionally lived. McKinney's Penal Law § 400.00, subd. 3.

**627 *38 Stephen C. Greene, for Barbara A. Davies.

HURLBUTT, Judge.

On November 14, 1985, Barbara A. Davies applied to this Court as Oswego County pistol licensing officer for a permit to *39 carry a pistol, alleging that she resided at 300 Chestnut Street, Oswego, New York. Her application was approved and her license to carry a pistol was granted on January 29, 1986.

On February 28, 1986, this Court received a copy of a letter from Oneida County Court Judge John T. Buckley, written in response to Ms. Davies' inquiry into transferring her pistol permit to Oneida County. Judge Buckley's letter questioned the validity of Ms. Davies' alleged Oswego County residency. Based upon that letter, the applicant's handgun license was suspended on February 28. Ms. Davies requested a hearing, which was conducted June 26, 1986.

The hearing evidence, adduced entirely by the applicant, is uncontroverted. Ms. Davies is married, and resides primarily in Stittville, Oneida County, in a home jointly owned by her husband and herself for the past ten years. For the past seven years, she has been employed by the Oneida County Sheriff's Department, which requires its employees to reside in Oneida County as a condition of their employment. She is registered to vote in Oneida County, and her driver's license reflects her Oneida County residence address. In 1980, she applied for a pistol permit in Oneida County, and the application was denied.

The applicant neither owns nor leases any residential property in Oswego County. The Oswego address shown on her application is the residence of her mother and stepfather. During the year or two preceding her Oswego County application, Ms. Davies was spending more than half her non-working time at her parents' home, necessitated by their ill health. She shares a bedroom with her mother, and maintains a post office box in Oswego. The issue to be decided is whether the applicant, Ms. Davies, resided in Oswego County at the time of her pistol permit application in November, 1985. Section 400.00(3) of the Penal Law provides as follows:

3. (a) Applications. Applications shall be made or renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed, or has his principal place of business.

It is uncontroverted that the applicant is principally employed in Oneida County. Under the quoted statute, Ms. Davies is permitted to make application in Oswego County only if she “resides” in Oswego County.

There are no reported cases construing the meaning of *40 “resides” as used in § 400.00(3) of the Penal Law. Review of the cases construing the meaning of “resides” and “residence” in other New York statutes reveals that these words may have various definitions, depending upon the subject matter and intent of the statute. “The term ‘reside’ (or ‘residence’) is not one that can be given a uniform definition whenever it appears in legislation, but **628 must be construed in relationship to the particular statute involved.” ( Contento v. Kohinke, 42 A.D.2d 1025, 348 N.Y.S.2d 392 [3d Dept 1973]; see also Perkins v. Guaranty Trust Co., 274 N.Y. 250, 8 N.E.2d 849 [1937]; Rawstorne v. Maguire, 265 N.Y. 204, 192 N.E. 294 [1934]; State v. Collins, 78 A.D.2d 295, 435 N.Y.S.2d 161 [3d Dept 1981].) Thus, the term “reside” or “residence” can mean simply “bodily presence as an inhabitant in a given place.” ( Rawstorne v. Maguire, supra, 265 N.Y. p. 208, 192 N.E. 294; Antone v. General Motors Corp., 64 N.Y.2d 20, 484 N.Y.S.2d 514, 473 N.E.2d 742 [1984]; Siegfried v. Siegfried, 92 A.D.2d 916, 460 N.Y.S.2d 131 [2d Dept 1983].)

The words “reside” and “residence” have, however, been strictly construed to mean “domicile” in many cases where the subject matter and context of the statute require a more stringent test than that of “bodily presence as an inhabitant”, or where “ ... any meaning other than domicile would be clearly inimical to the purpose of the underlying provision.” ( Antone v. General Motors Corp., supra, 64 N.Y.2d p. 29, 484 N.Y.S.2d 514, 473 N.E.2d 742.) The words “residence” and “resident” have been construed to be synonymous with domicile as they are used in the Domestic Relations Law relative to the maintenance of an action for divorce ( Pierce v. Pierce, 50 A.D.2d 867, 376 N.Y.S.2d 624 [2d Dept 1975]; Election Law § 150, Davy v. Denton, 281 App.Div. 137, 120 N.Y.S.2d 450 [3d Dept 1952]; probate statutes, Kemp v. Kemp, 172 Misc. 738, 16 N.Y.S.2d 26 [Family Ct., New York County 1939]; Vehicle and Traffic Law § 250(2), State v. Renda, 64 Misc.2d 445, 313 N.Y.S.2d 816 [Schuyler County Town Ct 1970]; and the Social Services Law, Ruiz v. Lavine, 49 A.D.2d 1, 370 N.Y.S.2d 710 [4th Dept 1975]. See Also Taubenfeld v. Taubenfeld, 276 App.Div. 873, 93 N.Y.S.2d 757 [2d Dept 1949] and Clapp v. Clapp, 272 App.Div. 378, 71 N.Y.S.2d 354 [1st Dept 1947].)

“Domicile” has been defined as “[a person's] true and permanent home, to which he has at all times the intention of, sooner or later, returning ...” ( Matter of Strobel, 200 Misc. 483, 484-485, 109 N.Y.S.2d 848 [Sur.Ct., Montgomery County 1951] ), and “ ... where a person has voluntarily fixed his abode with a present intention of making it his permanent home ...” ( Thompson v. Mundheim, 180 Misc. 1002, 1003, 43 N.Y.S.2d 632, affd. 266 App.Div. 1001, 45 N.Y.S.2d 412 [Sur.Ct., New York County 1943] ). Domicile is essentially a matter of intent, *41 requiring an absolute and fixed intent to abandon one and acquire another ( Ruiz v. Lavine, 49 A.D.2d 1, 93 N.Y.S.2d 757 [4th Dept 1975] supra ).

It has been held that the possession of dangerous weapons under a permit is a privilege or benefit conferred by the licensing authority ( In re Di Maggio, 65 N.Y.S.2d 613, 615 [Domestic Relations Ct, Kings County 1946], Moore v. Gallup, 267 App.Div. 64, 45 N.Y.S.2d 63 [3d Dept 1943] ), and that “[w]here a statute prescribes ‘residence’ as a qualification for a privilege or the enjoyment of a benefit, the word is equivalent to ‘domicile’ ”. ( State v. Collins, 78 A.D.2d 295, 297, 435 N.Y.S.2d 161 [3d Dept 1981].)

This Court construes the word “resides” as used in Penal Law § 400.00(3) to be substantially equivalent to domicile. Section 400.00 of the Penal Law requires the registration of dangerous weapons, which are regulated for the protection of the general public and the preservation of public peace. ( Harris v. Codd, 57 A.D.2d 778, 394 N.Y.S.2d 210 [1st Dept 1977], People v. Cerio, 67 Misc.2d 915, 325 N.Y.S.2d 43 [Onondaga County 1971].) The licensing procedures set forth in the statute are designed to insure that only persons of acceptable background and character are permitted to carry and possess certain handguns. They are further designed to provide a method of recording information on the identity of persons possessing such weapons and the weapons themselves.

An investigation into the background and moral character of an applicant is required to be conducted by the “constituted police authorities of the locality where such application is made.” (Penal Law § 400.00[4].) **629 In order for such an investigation to be effective, it ought to be conducted in the county where the applicant maintains his or her permanent or principal home, i.e., where the applicant is domiciled. Further, a rule permitting a person to obtain a pistol permit in any county where he or she is a temporary or occasional inhabitant could result in a person possessing multiple pistol permits covering different weapons and issued by different licensing officers. The revocation for proper cause of such a person's pistol permit in one county would not be effective to prevent that person from possessing weapons required to be licensed, as the licensing officer in one locality would not have knowledge of the existence of additional permits issued to the same person for different weapons. This result would be clearly inimical to the purpose of the statute, for the control of weapons possession intended to be afforded thereby would be defeated.

*42 A rule permitting a person to obtain a pistol permit in any locality where he or she is a temporary or occasional inhabitant would enable applicants to “shop around” for an “easy” jurisdiction in which to apply for a permit. It cannot be controverted that criteria and investigative practices differ in the various counties of the State, and that waiting or processing periods tend to differ substantially from locality to locality. The mere rental of a room and acquisition of a post office box in any county of the State should not be a sufficient basis for making pistol permit application in that locality, absent an intent to make that locality one's domicile. Forum shopping for a favorable licensing officer must be discouraged, in light of the serious statutory purpose of protection of the public safety.

In the instant case, applicant's alleged Oswego County residence, although probably sufficient to constitute residency for some purposes, is not sufficient to establish Oswego County as the appropriate locality for the submission of her pistol permit application. Despite the residency of applicant's parents in Oswego County and the considerable amount of time she spends at her parents' home, applicant's domicile is in Oneida County, where she owns a home, maintains voter and motor vehicle registration, and where she holds a job requiring that she be an Oneida County resident. Ms. Davies' intent to remain domiciled in Oneida County is further evidenced by the fact that, having acquired an Oswego County pistol permit in January, 1986, she almost immediately inquired into the transfer of her permit records to Oneida County.

Applicant Barbara A. Davies' license to carry a pistol No. C 2485 is hereby revoked.

N.Y.Co.Ct.,1986.
Matter of Davies
133 Misc.2d 38, 506 N.Y.S.2d 626

END OF DOCUMENT
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