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AR15.COM
12/10/2011 7:26:38 AM EDT
If an instructor comes to NY to teach a pistol course, is he allowed to shoot? Does HR822 cover him? How about students attending from out of state that have a ccw in their state? Who can I ask for definitive answers?
12/10/2011 7:41:58 AM EDT
[#1]
Quoted:
If an instructor comes to NY to teach a pistol course, is he allowed to shoot? Does HR822 cover him? How about students attending from out of state that have a ccw in their state? Who can I ask for definitive answers?


Students can come from out of state to shoot a class in NY. I have attended MDTS classes with people from PA and Canada. I am not sure what the procedure is.
12/10/2011 8:18:34 AM EDT
[#2]
LEOSA (218) only covers retired and active duty LE.





I would check the NY penal code 265 there are some exemptions for out of state civi possession.  

 
12/10/2011 8:32:31 AM EDT
[#3]
Does the new HR822 give him and out of state students reciprocity for term of the class or will he have to teach with a blue gun?
12/10/2011 8:48:59 AM EDT
[#4]
Quoted:
Does the new HR822 give him and out of state students reciprocity for term of the class or will he have to teach with a blue gun?


Contact Chrisfry, I know he has taught classes out of NYS. He should be able to provide some information.
12/10/2011 9:18:06 AM EDT
[#5]
My understanding was sanctioned competitions only....

265.20
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.

13-a.  Except in cities not wholly contained within a single county of
 the state, possession of pistols and revolvers by  a  person  who  is  a
 nonresident  of  this  state while attending or traveling to or from, an
 organized convention or exhibition for the display of or education about
 firearms, which is conducted under auspices  of,  or  approved  by,  the
 National  Rifle Association and in which he is a registered participant,
 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 convention or exhibition program, convention
 or exhibition schedule or convention or  exhibition  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 paragraph, 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.
12/10/2011 9:39:15 AM EDT
[#6]
265.20 a 1 f7 states something interesting.

It says a non licensee between the ages of 12 - adult can be in the possession of a long gun under the direct supervision of....a bunch of qualified people, including NRA instructors, but nothing on handguns.



7b of the same section says a NRA instructor can run a class for someone who has applied per section 400.



The law is convoluted. In short, it would be very ill advised for any non-licensee not covered under HR-218 and not in the throes of a sanctioned match to assume possession of a firearm here.





/ml
12/10/2011 9:55:05 AM EDT
[#7]
Is he an active LEO as defined by LEOSA?  If not, then no he cannot touch a handgun in NY, unless it's at an NRA sanctioned match or NRA sanctioned practice session for a match.  The NYSRPA, and NRA have been very good about sanctioning alot of shoots in NY for this reason, but you'd have to check with them to get something scheduled.  The law is pretty strict on this.
12/10/2011 10:16:53 AM EDT
[#8]
HR822 will effectively void the non-resident taboo on pistol possession (for those with carry licenses of their respective state) if enacted.  NY may try to ignore it but can and will be sued, and depending on the outcome of the various carry lawsuits (Kachalsky, Muller, Hightower, Peterson, Richards, Woollard, etc.) in a year or two will likely be guilty of civil rights violations and thus able to be sued for monetary damages and when/if upon repeated incidents possibly prosecuted.  This little rinky dink section 265 and its peewee court decisions are soon to be headed the way of the dodo bird.
12/10/2011 10:19:31 AM EDT
[#9]
Any idea when (if) it will be enacted?
12/10/2011 10:21:50 AM EDT
[#10]
It's in the Senate now, so it's hard to say.  Word has it they're looking to stick it in with a must-pass bill so the O-hole won't veto it, so it'll be a matter of opportunity.
12/10/2011 1:19:47 PM EDT
[#11]



Quoted:


Is he an active LEO as defined by LEOSA?  If not, then no he cannot touch a handgun in NY, unless it's at an NRA sanctioned match or NRA sanctioned practice session for a match.  The NYSRPA, and NRA have been very good about sanctioning alot of shoots in NY for this reason, but you'd have to check with them to get something scheduled.  The law is pretty strict on this.


You are grossly incorrect. LEOSA covers active and qualified retired LE. Ergo, you can have someone who is retired and qualified to carry under HR218 possess a handgun in any state.



 
12/10/2011 7:58:56 PM EDT
[#12]
Quoted:

Quoted:
Is he an active LEO as defined by LEOSA?  If not, then no he cannot touch a handgun in NY, unless it's at an NRA sanctioned match or NRA sanctioned practice session for a match.  The NYSRPA, and NRA have been very good about sanctioning alot of shoots in NY for this reason, but you'd have to check with them to get something scheduled.  The law is pretty strict on this.

You are grossly incorrect. LEOSA covers active and qualified retired LE. Ergo, you can have someone who is retired and qualified to carry under HR218 possess a handgun in any state.
 


Thanks, forgot to include that part.  Just doesn't cross my mind, being that NY makes it so difficult for it's own retired officers to qualify under 218, matter of fact if it weren't for the Rockland Sheriff, no one in the lower part of the state would qualify.
12/11/2011 3:07:00 AM EDT
[#13]
If anyone needs to qualify for HR218 in orange County, let me know.