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Is registration of pistols mandatory or administrative?

5K views 62 replies 19 participants last post by  Spiker1 
#1 · (Edited)
Ok, so bear with me because I am still relatively new to this state. I understand that NY requires all those who wish to concealed carry to first obtain a permit to do so? But these regulations on amendments are quite confusing to me. Does every handgun you buy or transfer from another state need to be listed on your permit? For example, suppose someone who has a NY CCW buys a handgun in some other state (through a private sale, gun show, inheritance, etc) and carries it without ever having it registered. Is he still following the law, and even if he isn't, is he protected from any legal action by the fact that he has a valid NY CCW? If possible, I would really rather not let the government know of every gun that I own (seems like a major breach of privacy).
 
#3 ·
If you have a NY pistol permit and live in NY state. Any pistol you buy anywhere out of state (if the state your buying it in allows it) , most won't if your a NY resident Will require the pistol to be sent to a NY FFL where upon it being added to your permit only then will you be allowed to possess it .ANY UNLAWFUL POSSESSION OF A HAND GUN UNLESS ON YOUR PERMIT WILL GIVE YOU A GREAT PAID VACATION IN THE GREY BAR HOTEL.
 
#4 · (Edited)
So to clarify, you are saying that you are viewed no differently than a career criminal to LEO's if you carry a pistol not registered on your CCW permit. Sounds pretty logical. So what happens when a gun enthusiast from another state with reasonable gun laws moves to NY? Even if they go through all of the restrictive hoops and obtain a NY CCW, if they own a dozen pistols they need to basically surrender them indefinitely until each and every one of them gets approved and listed on their permit? Surprising that there would't be some sort of grandfathering laws to new residents who obtained their guns legally out of state.
 
#6 ·
This appears to be a troll post.
So just to be clear as a bell:

UNDER FEDERAL LAW A RESIDENT OF A STATE MAY NOT EVER BUY A PISTOL IN ANOTHER STATE. PERIOD. MUST MUST BE SHIPPED TO A DEALER IN YOUR STATE WHO THEN FOLLOWS ALL LAWS.

If you obtain an unregistered pistol (not hard to do, just visit Brooklyn with cash), it is a CRIME to POSSESS it.
Regardless of your permit.

Could not be any more clear.

Oh yes, NYS does NOT recognize out of State permits. NONE. EVER.
 
#7 ·
Once you have a permit, the ammendment process is not too awfully painful. It of course depends on the county you reside in, but you aren't turning your guns over indefinitely. It could be a day or two. Possibly a couple weeks, maybe more. A quick review of the site you will probably be able to find information regarding approximate weight times for amendments in your county.

Like most other people here, we can understand your frustration with the laws and lack of freedoms, as well as the perceived lack of privacy . However failure to register those items is against the law, and I don't think you will find anyone on this site that will suggest you try it. Sadly, the penalties are far too severe!
 
#8 ·
The key distinction is between carrying and owning. Carrying an unregistered firearm even if you have a NY permit would be ill advised because LEOs are like Nazis in this state when it comes to enforcing our state's unconstitional gun laws. If you or anyone else where to obtain your guns in a free state outside of NY (including pistols, military style rifles, high capacity mags, fully automatic rifles, etc) it would be best to solely store them in your house. Merely owning them (despite being illegal) seems pretty harmless and is what thousands of NYs did/are doing when they didn't turn in many of their restricted guns when the safe act was enacted several years ago.
 
#9 ·
Jesus Christ, you guys, the question was simple: is the registration of pistols on your license law, or is it something akin to an administrative restriction? The question was not about acquiring a pistol out of state - that is the established context of the question.

If you're really so hung up on how the pistol was obtained, then we'll say that it was a person who moved into NY from another state and left one of their legally owned pistols behind. That way, we can answer the actual goddamn question:

The direct answer to the question: the law states that In order to carry a pistol on your license, details on said pistol must be stated on your license. This is from § 400.00, section 7:

7. License: form. Any license issued pursuant to this section shall,
except in the city of New York, be approved as to form by the
superintendent of state police. A license to carry or possess a pistol
or revolver shall have attached the licensee's photograph, and a coupon
which shall be removed and retained by any person disposing of a firearm
to the licensee. Such license shall specify the weapon covered by
calibre, make, model, manufacturer's name and serial number
, or if none,
by any other distinguishing number or identification mark, and shall
indicate whether issued to carry on the person or possess on the
premises, and if on the premises shall also specify the place where the
licensee shall possess the same. If such license is issued to an alien,
or to a person not a citizen of and usually a resident in the state, the
licensing officer shall state in the license the particular reason for
the issuance and the names of the persons certifying to the good
character of the applicant. Any license as gunsmith or dealer in
firearms shall mention and describe the premises for which it is issued
and shall be valid only for such premises.
There are additional mentions of this requirement, for example, section 9 discusses amending a license to add/remove a pistol from it.

Possession is different. There are some exemptions that can allow a person to "possess" a pistol that is not on their license. For example, §265.20 section 7-a allows a license holder to temporarily possess the pistol of another license holder while at a range and in the presence of the other license holder:

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.
That said, these exemptions are rare and very specific.
 
#14 · (Edited)
Well as long as you asked,
1. LEO's acting like Nazis in how they treat gun owners I take a HUGE offense to that statement as a former village officer for local village
2. Advocating violating Federal law with this statement speaks for it self.
(If you or anyone else where to obtain your guns in a free state outside of NY (including pistols, military style rifles, high capacity mags, fully automatic rifles, etc) it would be best to solely store them in your house. Merely owning them (despite being illegal) seems pretty harmless and is what thousands of NYs did/are doing when they didn't turn in many of their restricted guns when the safe act )
3. And as far as when the Safe Act was enacted No New York gun owners surrendered their guns to the state .I have NO idea what you pulled that statement from .Many chose to register their Assault weapons or remove the offending features but there has as far as I have EVER seen no report of any one surrendering their guns or were required to because of the Safe Act
Lastly Uncle Andy is the Governor or as known here as FUAC

I went to the site you referenced and I didn't see any where it said ANY people surrendering their guns that is the laughable part to me misinformation, fear mongering and just general crap
 
#16 · (Edited)
1. NY's totalitarian gun laws would never be able to last if they didn't have people willing to enforce them. Regardless of whatever your stance is on guns, if you were a former LEO then you were part of the problem in creating a hostile (Nazi-like) environment towards NY gun owners. So I stand by what I said earlier. If you are offended by reality that is too bad.

2. I wasn't advocating anything. I was simply explaining to the OP what many people in this state do to get around NY's unconstitutional laws with regards to guns (legal or not). The same holds true for fireworks, exotic animals, and just about every other freedom this miserable state tries to take from us. I personally am all for following the law, but there comes a point where it is time to break some rules (moving from out of state with dozens of pistols that are none your county's business to know you possess (as per the example OP gave) would be one of those times). Though people like you probably wouldn't understand that as I am sure if the state senate passed a law tomorrow requiring you to cut off your left nut you would oblige.

3. People were only allowed to register certain "assault weapons." However if your firearm possessed any of the dozens of things banned by the law, without exception, you were required to turn them in or transfer them out of state. Many people (rightfully) refused to this. And many guns cannot be modified to fit the criteria of this bill.
 
#21 · (Edited)
Cops are not the entire problem, but they are certainly a large part of it. It is by no means something that applies to the entire nation. I would say it is limited largely to the Northeast. For example, I once visited a public shooting area (clay-target) upstate and noticed a cop was just "hanging out" there. He wasn't employed by the facility or anything like that. No he was just creepily stalking the site looking to incite conflict. (He later threatened to confiscate another shooter's shotgun for "handling it in a unsafe manner"). You do not see this sort of blatant anti-gun hostility from cops anywhere else in this country.
 
#22 ·
3. People were only allowed to register certain "assault weapons." However if your firearm possessed any of the dozens of things banned by the law, without exception, you were required to turn them in or transfer them out of state. Many people (rightfully) refused to this. And many guns cannot be modified to fit the criteria of this bill.

This is false. Any "AW" that was legally possessed on Jan 13, 2013 was able to be registered. NOTHING legally possessed was required to be turned in.
 
#23 ·
3. People were only allowed to register certain "assault weapons." However if your firearm possessed any of the dozens of things banned by the law, without exception, you were required to turn them in or transfer them out of state. Many people (rightfully) refused to this. And many guns cannot be modified to fit the criteria of this bill.

This is false. Any "AW" that was legally possessed on Jan 13, 2013 was able to be registered. NOTHING legally possessed was required to be turned in.
I called him a dumb ass earlier, I'd like to apologize. I don't want to give other dumb asses a bad name. This guys just a straight up asshat.
 
#32 · (Edited)
Kisagani I get that special feeling every time I read one of your posts but,then I puke and it goes away like I wish you would too. You are so uninformed is is impossible to not belive that there is a major problem in the educational system. If you hate the State so much go away and if you have such low regard for anyone in law enforcement past,present or future please do us all a favor and never need us because no matter how much you despise us there isn't a single member of law enforcement who would place their personal feelings ahead of protecting or defending you no matter how much animosity you carry for the men and women you call NAZIES that is the difference between people like you and I.Speaking for my self I am a regular citizen no more special then you only I hold all those around me to the same standards I hold myself to .I don't feel laws are person specific they apply to everyone like them or not ,you and I the ONLY thing I can say is when the time comes and someone needs my help I will use the tools available to me to help to the best of my ability (That's why they are given) even If I have to lay my life on the line while you stand in a corner pissing your self out of self protection
 
#35 ·
Ed you make some very valid points that I agree with .It is a shame in every single part of life there are dollar people people who do what ever just for the money and then there are people who do the job what ever it is to help or to make a difference.Politicians often go into politics to make life better only to succumb to the money and power hence the term absolute power corrupts absolutely .Police ,fire fighters and soldiers are not immune to that corruption sad but true.Laws although written by man for man are forced to be general and upheld broadly though a good officer uses discretion. I remember being on a domestic call standard practice was to remove the male leaving the female at the residence that was procedure if no arrest was warranted.In this particular case the wife had attacked the husband for being late accusing him of cheating .The male was 6ft plus 310 in his late 20's the woman 110 wet and 5 ft nothing in heels but she kicked his ass big time blood and all he never raised a hand to her .Point is rules say she stays he goes domestic dispute no arrest.Was that fair no it wasn't but out he went next time I saw them they were smiling grocery shopping .She should had gone to Salem for assault but who would have believed that and he wasn't going to admit getting ass kicked by her ? An officer doesn't have to make an arrest he should because he upholds the law not decides it I was told " Bone them all let the judge sort it out" by a training officer . I chose to use my judgment I was never hurt and no other was either but by not following the law if someone was hurt or died I would have to live with the results as would so many others .Do we agree with the safe act no because we are gun owners yet non gun owners applaud it.Do we agree with sanctuary cities no because we are not immigrants yet snow flakes and immigrants live for them.In a perfect world everything would be equal and fair and Kisangani would be educated enough to know that a police officer is not a Nazi
 
#48 · (Edited)
I get it. All the LEOs stick together. No one will dare to admit that they choose money over respecting the constitutional rights of others. We all make choices right. There will come a point when you alienate enough freedom minded folks including gun owners in NY, to leave NY and your pensions will be just like Dallas PD/FD. Most 2nd amendment folks are hard working tax paying law abiding people. When they leave who is going to pay the taxes, fees and fines to support your pensions? Please continue whatever it is you do. I really don't care at this point.

I work in finance and was going to look for a new job before I left even though it probably meant a big pay cut. Freedom is worth it. Luckily my employer offered to let me work out of another office in PA. Either way I was leaving with my tax dollars and assets.
 
#51 · (Edited)
What I said was that LEOs stick together when one is criticized. Has every LEO arrested everyone they ever encountered for a 2nd amendment licensing violation? I don't know but I assume there are a few good ones flying under the radar. However there a few on this board that are quite vocal in their defense of arresting people for SAFE Act and Sullivan Law using their pension as the defense. Like LEOs, there are finance folks that game the system to the best of their ability. One big difference is I don't have the power to arrest people and I guarantee your retirement pay and benefits will be much better than mine. I won't be able retire because I won't be able to afford it. I will be lucky to have a job and working until I die. Most people working in finance make less than your average NYPD LT and don't receive a pension though the media doesn't publicize that.
 
#52 · (Edited)
I don't get the comparison. You are comparing the interest rate for a credit card that was used based on a voluntary written contract between the consumer and a private lender to what?...the power of government agents to arrest people for laws that violate their enumerated fundamental constitutional rights. Also credit card companies can waive interest and fees at their discretion. I don't know, it just doesn't seem like an apples to apples comparison. Oh and for the record I don't work for a credit card company and I do find their interest rates usurious.

"So you are in an industry that charges 24% interest on credit card debt but pays .1% interest on IRA accounts. And you are talking about peoples rights. You really can not make this stuff up." - SCOSGT

 
#60 ·
PA is not the paradise people think it is. ALL handgun transfers go thru an FFL. The PA SP know every gun you bought, they have a registry though it's not quite called so, but it is.
You can't hunt with a semi auto or at least up until recently.

Oh, I've had better cheesesteaks in NY, lol.

The roads suck, potholes everywhere.
 
#54 · (Edited)
I never said LEOs are nazis so I'm not sure where that came from. Don't upstate LEOs receive a pension from the NYS police pension fund? What does the local town budget have to do with arresting people for mala prohibita gun law violations? I am open to hearing it. The bottom line is this, my opinion, if you are a LEO and you arrest someone for solely violating SAFE Act or Sullivan, you are choosing your job/money over peoples rights. If you disagree, great. I don't have to pay your pension.

http://seethroughny.net/pensions
 
#59 ·
To get back to the original question get one thing clear in New York you are required to obtain a permit for the mere possession of a handgun not just for carry and yes it is law that handguns are listed on your permit by make model serial number and caliber. Some permits in some counties are all the same for instance when I lived in cattaraugus county they did not restrict permits every permit issued was a full carry permit. In other counties ( Erie for example) the judge can elect arbitrarily to make the permit target and hunting only which is an administrative restriction or any other wording they wish to use. Any possession of a pistol not listed on your permit is illegal
 
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