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Advice on CCW in Upstate NY

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5.7K views 47 replies 25 participants last post by  BIGROB  
#1 ·
I will be visiting my parents who live in Essex County and also shooting on one of their friends properties in Warren County. I know all the rules/laws about traveling through NYC and also shooting on private property in NYS.

My question is this. If I want to CCW (I have the typical Suffolk Count Sportsman Lic) while visiting and traveling within these two counties should I contact the Sheriffs Office and let them know and/or get permission from them etc?
 
#7 ·
1. You have a New York State Pistol License.
2 Your license states that it is not valid in New York City. FOPA rules apply here while transporting across NYC.
3. Concealed means concealed.
4. The police upstate do not care very much about Nassau or Suffolk County restrictions.
5. That being said, your license also states that it is revocable at any time. If your concealed carry comes to
anyone's attention, they might or might not report you to your County Police. If you get reported for carrying out
of class, Your license will probably be taken away. You will need a lawyer to get it back.
6. If you actually have to use that concealed pistol, would you worry about a possible revocation, when you take it out of the holster? In this State you will need a lawyer anyway.
 
#14 ·
I think "to and from the range" (as we down-staters like to say) also means to and from anywhere where you are allowed to use the gun for sporting purposes. That could be afield or on somebody's private property where you're legally allowed to discharge the gun and you have their permission.

If that's correct, then while you're up there, you will ALWAYS be on your way to or coming from that place.
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#15 ·
Stand with one leg on warren and one leg in Essex and you should be good cause you really aren't in any one county.
If anyone ask tell them you did a ton of research on the internet and you are in the right.
 
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#21 ·
To sum up this entire thread:

I HATE THIS FARKING STATE!!!!
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#24 · (Edited by Moderator)
You are shooting on private property, so that is your shooting range. Your parents' friends do not close their property at a specific time, so that would make their property a 24 hour range. As such, your entire time upstate can be indisputably considered going to and from a range. Hence, you will never be "out of class"

On your way up, lock the gun away just before you hit the city line and as soon as you break the city limits go back to CCW. It's more of a principle thing - give the city morons what they unconstitutionally demand, but take your rights back as soon as you're out of their crime and filth infested toilet bowl they call NYC.

From that point on you are excising your second amendment right and will not be in administrative jeopardy of being out-of-class.
 
#28 ·
Although, in Reasonable logic and theory, I agree with what you are saying However, I am not sure that would fly in this state, I do believe it may have to be an incorporated range, not a plot of land that is 400 miles away from your residence that has targets on it. Now thats just my interpretation of SC restrictions. The reality is, Concealed means Concealed, There is no duty to notify in this state, Also realize potential consequences should you meet that one Field training officer with his trainee on a stop.......
 
#27 · (Edited by Moderator)
When I posed a similar question, I was told that only to/from range and that the weapons could only be stored at the address on my license, which would require me to drive 400 miles each way when I was done shooting, or which means you could not stay overnight or leave a pistol off your person if not your address, which states you must have it on you at all times when away, so you need to be in a constant motion of driving to/from a range when you take your pistol off LI ?
Typical NY state BS to deny 2A rights and confiscate your arms.
 
#29 ·
When I posed a similar question, I was told that only to/from range and that the weapons could only be stored at the address on my license, which would require me to drive 400 miles each way when I was done shooting, or which means you could not stay overnight or leave a pistol off your person if not your address, which states you must have it on you at all times when away, so you need to be in a constant motion of driving to/from a range when you take your pistol off LI ?
Typical NY state BS to deny 2A rights and confiscate your arms.
I can see what you are saying if the intentionally vague, ambiguous, and open ended pistol license manual is interpreted as literally as a born again Christian interprets the bible, but there needs to be a little room for common sense. That would also imply that we could not take our guns with us to a second amendment compliant state (Florida for example) because we won't be storing the gun(s) at the registered address. I'm sure the gun control dictators want us to think that our guns must be returned home every night, but I really don't think that holds much water on the common sense front.

And the employees at the pistol license bureaus will not clarify or assist with anything that will lead to a common sense solution that we may benefit by, or make our lives easier, hence, you can't rely upon them to provide positive authoritative assistance. They are to gun ownership as India is to tech support.
 
#32 · (Edited by Moderator)
i do not have my licence yet and still trying to understand as well what i can and cant do when i head upstate to my property.

someone once told me that once i leave NYC heading up i can conceal carry on myself. I can pull over to use the rest room and holster it for the rest of my trip. its part of safe guarding the firearm by carrying it on yourself. of course i always want to make sure from others if this was true or not and do not want to test it out or be the guy that ruins it for everyone

its annoying how limited we are in nassau and suffolk. they really do make it so that it is just not worth having lol. fine they do not let us carry around the island. but it would be great if i can carry upstate like my friends do when they visit long island
 
#33 ·
OK, We have two pages of advice so far. It seems that the average pistol owner does not know or does not want to hear the answer. The average "street" cop here or upstate does not know. The people at your county PLB will give you their party line but cannot back it with written laws. What we need is for someone to fund the dismantling of the Sullivan Law which is apparently how each County got control of this issue. The Superintendent of the NY State Police is aware of these issues. Mr. D'Amico is ex NYPD and was appointed to his position by Gov. Cuomo. All that he can do now is to let each "gun incident" be handled by the on scene commander. The County Execs can make changes, but they will not because it is not in their best interests to make waves with gun issues. The other politicians that can make changes are either anti gun or afraid of tackling something like the Sullivan Law which has resisted changes for many decades. Change the word "pistol" to "drivers" license and see how fast this would be tossed. We need one set of concealed carry laws for the entire state, and we need for all 50 of these United States to be reciprocal with each other. This will cost a vast amount of money, and a lot of people getting together to make these changes. Who wants to be the test case? Even the NRA is wary of taking on the Southern NY anti gun politicians. Concealed is concealed. Attitude is everything, and if you have to shoot a mugger in a NY State Park, when it is not hunting season, have your 2A lawyer on speed dial. REPEAL THE SULLIVAN LAW.
 
#35 ·
In the strictest sense, "out-of-class" carry is an administrative violation based upon a rule imposed by the licensing authority (for example Suffolk County Police Department pistol licensing bureau). Assuming you were not busted for something else, if you were confronted by a police officer he or she would have no grounds to detain you other then asking for your pistol license (which you better have, because that is the law). For the out-of-class carry situation the officer has no grounds to do anything to you because you have not violated the law. You only violated an administrative rule which is completely out of their realm. They are sworn law enforcement officers and not administrative agents of any licensing authority whatsoever.

If they are that adamant and belligerent about it then their only legitimate recourse is to contact the licensing authority and report you. If they feel that ratting you out is that important to them, I would imagine that they are pretty much at the bottom of the pickle barrel as far as being a police officer is concerned. The bad part of the whole thing is once you are reported, you are administratively guilty until proven innocent. A simple informal or maybe even anonymous phone call will get your license suspended or revoked, and your guns will be confiscated. You will need a lawyer to try to turn things around.

While concealed means concealed, actually using your weapon for a legitimate reason is a "break glass" situation. You use it, and it's likely the last you will see of your guns.

In a nutshell, this level of intimidation is what keeps the "control" in gun control.
 
#36 ·
I am in the same boat, heading upstate soon to a friend who can shoot on his land but am torn on bringing/carrying my pistols up there due to the fear of losing everything. Still have not made a decision.
 
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#37 ·
Bring them. Don't think about it. Buy a $25 lock box, toss them in there for the drive. Once at your destination, shoot fun things like pineapples and watermelons and steel targets and other things that you can't shoot here. Carry the gun every minute you are on his private property. What you do with the gun when you wander off his property is the only decision to be made. Your comfort level will determine that.

Don't let these dumb rules (not laws) scare you into not doing something that is perfectly legal.
 
#38 ·
I can't understand why people feel the cops upstate or LI don't know about restricted pistol licensing....Only two Counties Delaware and Dutchess issue full carry to everyone who applies.
In the Academy we did go over pistol licenses and hunting licenses during a block of instruction for 265, not sure if NYPD or Nassau do it.
Police are aware of restrictions from my experience. I know SCPD will take the pistol and give a property receipt when the officer has determined the holder is carrying out of class. It isn't an arrest, only administrative.
 
#43 ·
I can't understand why people feel the cops upstate or LI don't know about restricted pistol licensing....Only two Counties Delaware and Dutchess issue full carry to everyone who applies.
In the Academy we did go over pistol licenses and hunting licenses during a block of instruction for 265, not sure if NYPD or Nassau do it.
Police are aware of restrictions from my experience. I know SCPD will take the pistol and give a property receipt when the officer has determined the holder is carrying out of class. It isn't an arrest, only administrative.
Not all Police Officers are gun enthusiasts and knowledgeable of these restrictions, such as yourself. Not all Police Officers are anti gun either. In a discussion upstate, with some NY State Troopers, we were told that if we had a State License, they were not interested and are too busy to deal with County restrictions, if there is no violation. In an administrative only seizure, like you mentioned in Suffolk County, it is not an arrest, but the gun owner will lose their license, all of their guns will be confiscated by the licensing County and it will require the services of an attorney to get them back someday, if ever. This is why we need to change the laws. We need to make these laws the same for the entire state. You have to enforce the laws, but the rest of us need get together to challenge this problem and change it. As SCPD, you can get to determine if someone is actually going to the range and deal with it, as can most other Police Officers around the State. We are worried about that one anti gun Training Officer or Supervisor that might be out there, That is why this discussion continues and continues... Thank you for getting involved.