Handgun on my private property without a permit?
Close

Results 1 to 8 of 8
  1. #1
    Private
    Join Date
    May 2020
    Location
    Indianapolis
    Posts
    11

    Default Handgun on my private property without a permit?

    According to a recent update to the US Concealed Carry website, on their New York page, a permit is not required to possess a handgun in their home. Is that true?

    https://www.usconcealedcarry.com/res...p/ny-gun-laws/

    Question - "Can I possess/carry a handgun in my home without a permit?"
    Answer - "Yes. A concealed carry permit is not required for anyone legally entitled to carry a firearm to carry a handgun in a person's home or place of business. [N.Y. Penal Law 265.03(3)]"

    Can anyone confirm this? Thanks!

  2. Register or Log In to remove this Ad!
  3. #2
    Sergeant
    Join Date
    Sep 2018
    Posts
    385

    Default

    100% false.

    NY Penal Law 265
    A person is guilty of Criminal Possession of a Weapon in the 4th degree when
    (a) He or she possesses any firearm....

    That's it. Literally. A firearm is defined as a pistol. Not a long gun. Where in there does it say you are exempt when at your own home? It doesn't. The only exception to this law is if you are a police officer or hold a valid permit under Penal law 400.

    It's pretty scary that there is so much bad information out there. Using "I read it on the internet" isn't going to be a valid excuse in court. It is a Class A misdemeanor. If you have 3 or more it is elevated to a Felony.

    I checked out the link and dove in deeper.. The website is wrong. The penal law says if you possess under 5 pistols or "firearms" at your home you cannot be charged with Criminal Possession IN THE SECOND DEGREE. You would still face 3rd or 4th degree charges if you had either 1 pistol (4th degree) or 3-4 pistols (3rd degree). If you possessed 5- 9 pistols you would then be guilty of second degree criminal possession. 10 or more pistols gets you the highest level first degree criminal possession of a weapon.

    Hope that helps. Whoever did their website doesn't know what they are doing.

  4. #3
    Private
    Join Date
    May 2020
    Location
    Indianapolis
    Posts
    11

    Default

    Quote Originally Posted by smitty846 View Post
    100% false.

    NY Penal Law 265
    A person is guilty of Criminal Possession of a Weapon in the 4th degree when
    (a) He or she possesses any firearm....

    That's it. Literally. A firearm is defined as a pistol. Not a long gun. Where in there does it say you are exempt when at your own home? It doesn't. The only exception to this law is if you are a police officer or hold a valid permit under Penal law 400.

    It's pretty scary that there is so much bad information out there. Using "I read it on the internet" isn't going to be a valid excuse in court. It is a Class A misdemeanor. If you have 3 or more it is elevated to a Felony.

    I checked out the link and dove in deeper.. The website is wrong. The penal law says if you possess under 5 pistols or "firearms" at your home you cannot be charged with Criminal Possession IN THE SECOND DEGREE. You would still face 3rd or 4th degree charges if you had either 1 pistol (4th degree) or 3-4 pistols (3rd degree). If you possessed 5- 9 pistols you would then be guilty of second degree criminal possession. 10 or more pistols gets you the highest level first degree criminal possession of a weapon.

    Hope that helps. Whoever did their website doesn't know what they are doing.
    Really appreciate your insight and advice. I will be moving to NY in the near future for a job. Guess I'll be leaving the handguns with a friend! But if I get a NY pistol license, then I should be good to bring them to my home in NY, correct?

    And I think my long guns should be legal to bring, right? Pump shotgun, Ruger 10-22, lever action rifle. Thanks again!

  5. Remove Advertisements
    NYFireArms.com
    Advertisements
     

  6. #4
    Sergeant
    Join Date
    Sep 2018
    Posts
    385

    Default

    Quote Originally Posted by roosterdoode View Post
    Really appreciate your insight and advice. I will be moving to NY in the near future for a job. Guess I'll be leaving the handguns with a friend! But if I get a NY pistol license, then I should be good to bring them to my home in NY, correct?

    And I think my long guns should be legal to bring, right? Pump shotgun, Ruger 10-22, lever action rifle. Thanks again!
    The pistols will have to be shipped FFL to FFL even after you get a permit. That is the only way to get them added to your permit. Mags are limited to 10 round capacity.
    The Ruger 10/22 might be classified as an assault weapon even if you have 10 round mags for it. I'd need to see what "features" it has. Read up on NY SAFE act.

  7. #5
    Colonel OwnTheRide's Avatar
    Join Date
    May 2011
    Location
    Broome
    Posts
    2,722

    Default

    Quote Originally Posted by roosterdoode View Post
    Really appreciate your insight and advice. I will be moving to NY in the near future for a job.
    Given where you're moving to, I'm pretty sure I know where you'll be working (not a lot of employers worth moving for around here). If that guess is correct, I will remind you that the company has facilities across the nation.
    Anything stated in the above post is my personal opinion and should not be construed as legal advice.

  8. #6
    Sergeant
    Join Date
    Sep 2018
    Posts
    385

    Default

    I should add - If you possess a pistol without a permit and it is loaded it is elevated to 2nd degree CPW automatically. That is where the "home" exception comes in. It is still a charge of 4th degree or 3rd degree but not 2nd degree if loaded at home.

    Bottom line - every single pistol needs to be registered to your NY permit or you're going to prison if caught.

  9. #7
    Corporal hill5673's Avatar
    Join Date
    Jan 2011
    Location
    Syracuse
    Posts
    108

    Default

    Quote Originally Posted by OwnTheRide View Post
    Given where you're moving to, I'm pretty sure I know where you'll be working (not a lot of employers worth moving for around here). If that guess is correct, I will remind you that the company has facilities across the nation.
    How could you possibly presume to know where he will be working? He didn't give any specific area (that I see) and NY is a pretty big state with thousands of employers. It could be anything from a machine shop to a law firm... Or even a pro football team.
    I'm just curious, not trying to be combative.

  10. #8
    Corporal
    Join Date
    Nov 2009
    Location
    Queens County
    Posts
    173

    Default

    Unless NYC ( which requires a Long gun permit) your long guns are good to go in NYS.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •