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Get the latest facts on the new NY SAFE gun laws that effect you!

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H.R. 38


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56 replies to this topic

#21 imrich

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Posted February 27 2017 - 09:40 PM

I think what may be being missed is the fact that your NY State (who issues your permit) pistol permit is a full carry permit. The restrictions are placed upon it by the county. But the part, Notwithstanding the laws of any state or political subdivision thereoff... seems to over ride restrictions on CCW.

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#22 Steyr AUG man

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Posted February 27 2017 - 09:53 PM

That's my new hobby now....getting out of state pistol licenses......

Too funny! The only laugh i had all night.



#23 Steyr AUG man

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Posted February 27 2017 - 09:56 PM

I think what may be being missed is the fact that your NY State (who issues your permit) pistol permit is a full carry permit. The restrictions are placed upon it by the county. But the part, Notwithstanding the laws of any state or political subdivision thereoff... seems to over ride restrictions on CCW.

I think the reason some other states wont give us a non resident license is because ours was restricted. wasnt that the case?



#24 zzrguy

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Posted February 28 2017 - 09:02 AM

My head hurts when I read these laws. So when is this getting voted on.

 

I see a up side to this law but I also see the down side to this law. We get our rights back but now we have a bunch of Tackleberrys run around with their new toy (this is a small number but still a number). 


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#25 boosti

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Posted February 28 2017 - 09:22 AM

My head hurts when I read these laws. So when is this getting voted on.
 
I see a up side to this law but I also see the down side to this law. We get our rights back but now we have a bunch of Tackleberrys run around with their new toy (this is a small number but still a number).

In Pennsylvania you will see people walking around open carrying. It reminds me of the soccer mom who had her pistol license yanked because she was irresponsible around people, it was returned to her .. She was the type who liked to intimidate people walking around carrying a pistol. Sadly she was murdered in her home, lack of training.

#26 Steyr AUG man

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Posted February 28 2017 - 09:56 AM

one just result of this law, although no benefit to us, will be that they wont be arresting tourists at the airport, WTC, empire state building, etc... who thought NY was in America.


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#27 imrich

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Posted February 28 2017 - 10:26 AM

I think the reason some other states wont give us a non resident license is because ours was restricted. wasnt that the case?


That could be the case. States decide who they honor reciprocity with and the fact we are so restrictive and honor no other states licenses. That's what this bill aims to fix. The confusing patchwork of laws between states.

#28 boosti

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Posted February 28 2017 - 10:35 AM

That could be the case. States decide who they honor reciprocity with and the fact we are so restrictive and honor no other states licenses. That's what this bill aims to fix. The confusing patchwork of laws between states.

All these people visiting restricted states will get jammed up carrying high capacity magazines.
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#29 Fourth ID

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Posted February 28 2017 - 01:43 PM

   Senator John Cornyn R-Texas will introduce similar legislation in the senate possibly this week.



#30 Phoenix69

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Posted February 28 2017 - 01:53 PM

It does not take 60 votes to pass an ordinary bill in the Senate; it takes a majority of the senators voting. If everyone is present, it takes 51 votes, or 50 votes if the vice president votes to break the tie.

Then I stand pleasantly corrected.

#31 set2374

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Posted February 28 2017 - 01:59 PM

That doesn't really answer much....... just some guy hoping that non resident permits will be good. Skip to 2:13 in the video and he says "it is my understanding....."

 

HR 38 states.............. "who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides"

 

This is not a situation in which you want to get jammed up in...."Officer....a guy on youtube said I was good"

 

Nope, this isn't a jam.. this is a very clear provision.   You can carry concealed if (1) you have a CCW issued pursuant to the law of "a" state (doesn't have to be your state of residence or it would have said your state of residence or even your state) or (2) you're entitled to carry a concealed firearm in the State in which the person resides (if the state issues permits, this is a redundant of point 1, so this is second provision is intended to cover people that live in constitutional carry states that don't issue CCW permits.   If you are from a constitutional carry state, you're license will be enough to establish your right to carry.   Note, this right only applies if you are allowed to carry under federal law, so felons are not allowed to carry etc.   

 

Now that New Hampshire has gone with constitutional carry, I am curious to see how this will work with getting out of state CCW permits.   I don't know of states that were any more liberal.   

 

Edit:

 

NH is still issuing CCW permits, even though it's a constitutional carry state.   The permits are optional in-state, but they are being issued so people will continue to enjoy the benefits of reciprocity for NH permits when traveling out of state.



#32 imrich

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Posted February 28 2017 - 02:17 PM

All these people visiting restricted states will get jammed up carrying high capacity magazines.

I think this language will wipe that out.

Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (B)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that...

The purpose of this law is to smooth out the game patchwork of state to state restrictions.

Edited by imrich, February 28 2017 - 02:29 PM.


#33 Lou G

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Posted February 28 2017 - 03:59 PM

GOA came out with a  alert. You can Email, snail mail, and fax a copy to the Mutts in NY. May be a waste of time, but it ties their staff up. 



#34 Steyr AUG man

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Posted March 01 2017 - 08:47 AM

All these people visiting restricted states will get jammed up carrying high capacity magazines.


I think this language will wipe that out.

Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection ( B)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that...

The purpose of this law is to smooth out the game patchwork of state to state restrictions.

 
That section doesnt wipe it out by itself, but when taken in consideration with this one, it does:
 
(2)
The term handgun includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine.



#35 firemanvin

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Posted March 01 2017 - 09:34 AM

Look, no matter how you view this, if national reciprocity passes, and people from every state can carry in NYS and NYC except residents of NYS and NYC, we will hopefully have a poop storm of a magnitude we have never seen before.  Up to this point we have been complacent sheep with regard to the acceptance of carry laws of NYS and the asinine carve out for NYC to be allowed to have their own gun laws. We have been taking this crap since 1911 as if we were slaves to the state.

 

Overnight NYS and NYC CCW holders are going to be the most pee'd off people in the nation.

 

 

Can you imagine the the pistol license bureaus of NC, SC, or NYC making the following statement:

 

"While we are aware of the fact that properly license people from the other 49 states of this nation will be lawfully be carrying concealed weapons freely about NYS and NYC, that has no impact on you.  You must continue to abide by our administrative rules or risk license revocation and gun confiscation.  And you are further not authorized to take your NY registered firearm out of NYS or risk license revocation and gun confiscation".

 

Will this finally get us "mobilized"? 


Edited by firemanvin, March 01 2017 - 09:36 AM.

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#36 Steyr AUG man

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Posted March 01 2017 - 09:39 AM

OK, I dont like that word "restrict" in section B of H.R. 38.
 
how about this scenario? What if New York State screws everyone and passes a law that says;

1. In keeping with section USC 962 ( B ) (2), all firearms carried by persons under the authority of any out of state CCW permit, are hereby subject to the following restriction while present on any state and local government property, including parks, government shooting ranges, public roads, public highways, public streets: They shall not be possessed therein or thereon.
 
2. New York General Business Law § 150 is amended by adding a new section 5, which shall read; Any non-government, privately or commercially organized, operated, or owned shooting range, in order to operate legally and remain approved in this state shall have in its range operating rules a provision, bylaw, or regulation that states that firearms carried under the authority of any CCW permit issued by another state outside of NY, shall not be possessed or fired on the premises.  Ranges who fail to have such a provision, bylaw, or regulation as an operating rule are subject to closure as a public nuisance.

 

Could NY try to give a big FU to the federal government like they are trying to do with that sanctuary city BS?



#37 boosti

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Posted March 01 2017 - 09:50 AM

Look, no matter how you view this, if national reciprocity passes, and people from every state can carry in NYS and NYC except residents of NYS and NYC, we will hopefully have a poop storm of a magnitude we have never seen before.  Up to this point we have been complacent sheep with regard to the acceptance of carry laws of NYS and the asinine carve out for NYC to be allowed to have their own gun laws. We have been taking this crap since 1911 as if we were slaves to the state.
 
Overnight NYS and NYC CCW holders are going to be the most pee'd off people in the nation.
 
 
Can you imagine the the pistol license bureaus of NC, SC, or NYC making the following statement:
 
"While we are aware of the fact that properly license people from the other 49 states of this nation will be lawfully be carrying concealed weapons freely about NYS and NYC, that has no impact on you.  You must continue to abide by our administrative rules or risk license revocation and gun confiscation.  And you are further not authorized to take your NY registered firearm out of NYS or risk license revocation and gun confiscation".
 
Will this finally get us "mobilized"?

I doubt we will see gun owners in NY come together and say a peep. A non resident pistol license would be the FU to NY and NYC.
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#38 slowryder

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Posted March 01 2017 - 09:55 AM

It may smooth it over a little, but states like NY and Ca. will more than likely confiscate and destroy the manufacture's standard capacity magazines. I can see them reducing the charges to misdemeanors with a fine to make the point, they will resist any way they can. NY won't change its law cause it's a slam dunk for anyone who does not possess a CCW, especially unsavory types of people. And still allows them to charge criminals with possession on two counts, the firearm and magazine. IMHO

State high-capacity magazine bans
California.
Colorado (on in-state sales of magazines with a capacity of 15 rounds or greater)
Connecticut.
Hawaii (on handguns only)
Maryland.
Massachusetts.
New Jersey. Is 15 rounds too
New York.

#39 Parashooter

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Posted March 01 2017 - 10:00 AM

I think the reason some other states wont give us a non resident license is because ours was restricted. wasnt that the case?

 

Which "States"???   The only Issue I've heard of is PA.  And,

 

That could be the case. States decide who they honor reciprocity with and the fact we are so restrictive and honor no other states licenses. That's what this bill aims to fix. The confusing patchwork of laws between states.

 

...And it's not the STATE that refuses to issue to restricted Nassau/Suffolk Licensees - it is the COUNTY ISSUING AGENT who is taking it upon themselves (maybe under direction from their county supervisors)  But their STATE law still provides for licenses to be issued.

 

 


#40 firemanvin

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Posted March 01 2017 - 10:07 AM

If you are a NYS resident, you will not be able to buy a handgun without a NYS license because you can't legally buy a handgun out of state.

 

Maybe the easier way would be to acquire a non CCW premises permit to buy the gun in New York and use and out-of-state CCW for concealed carry.  That way the CLEO will not have administrative authority over your license like he does with a NYS / NYC CCW license.  There will be no "out of class" issues with a premises license.






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