[Tesla2014]

I heard if one has NY State CCW license one is allowed to carry in nyc since the Bruen decision and nyc has to honor NY STATE licenses . Is this correct? So its better to live in LI or upstate NY because in nyc it takes 1-3 years to get nyc ccw because theres 500k applying for nyc ccw right now! But it doesn't make a difference because of sensitive places but hopefully that will be lifted shortly.

 

[ARP228]

Not true. You still need to apply for the NYC "Special Carry" license in addition to having your county carry license to carry in the 5 boroughs of NYC

 

[Tesla2014]

Not true. You still need to apply for the NYC "Special Carry" license in addition to having your county carry license to carry in the 5 boroughs of NYC

But I was told that NYC has to honor NY STATE licenses because of the Bruen decision . Whats with that? NYC can't avoid NY State law.

 

[boosti]

But I was told that NYC has to honor NY STATE licenses because of the Bruen decision . Whats with that? NYC can't avoid NY State law.

There was a Pistol License clerk on the news saying those with a Full Carry License can carry anywhere in New York including NYC. I would wait, currently a lawsuit is challenging this.

 

[Tesla2014]

There was a Pistol License clerk on the news saying those with a Full Carry License can carry anywhere in New York including NYC. I would wait, currently a lawsuit is challenging this.

Which pistol license clerk , nyc or NYS ?

 

[Ancap]

In New York it doesn’t matter what the laws say. It’s all about the emotions and feelings of the police, prosecutor, Judge, and/or Jury

This state has a very long track record of bending laws to anyway they like. Hence, why attorneys spend thousands of dollars on legal research every single month and read up on law journals to see where the law stands at this very minute, but it could all change tomorrow, and again next week!

I make a lot of money from the constant change in the interpretation of laws, but as a gun owner and liberty lover it makes me sick sometimes

But you have to get off your ass and proactively help the fight, because the pressure from the other side never ends

 

[sig45]

i carry everyday but i would not test NYC not that i ever go in there but if i did id sadly leave my side arm at home... Unless i hear otherwise

 

[Charlie-NY]

i carry everyday but i would not test NYC not that i ever go in there but if i did id sadly leave my side arm at home... Unless i hear otherwise

And unfortunately, that's where you'd need it the most!

 

[Gary_Hungerford]

I heard if one has NY State CCW license one is allowed to carry in nyc since the Bruen decision and nyc has to honor NY STATE licenses . Is this correct? So its better to live in LI or upstate NY because in nyc it takes 1-3 years to get nyc ccw because theres 500k applying for nyc ccw right now! But it doesn't make a difference because of sensitive places but hopefully that will be lifted shortly.

The SCOTUS incorporated the Equal Protection Clause of 14th Amendment into the text of its Bruen decision, which means that your license is good anywhere in the US and that all states had to honor and recognize those issued by any other state or Constutional carry, if you are from one of those states.

However, NYC and NYS have taken the position that the state law overrides the Bruen decision and will not recognize any other license. That's a large part of the 5 major lawsuits which have been scheduled to start trial on 3/20, in the 2nd Circuit Court, which tends to lean far Left. What that court will do, despite the fact that SCOTUS made it clear what they should do, is a guessing game. Also, regardless of the 2nd Circuit's decison, expect an appeal to be filed. If the 2nd Circuit follows the language and intent of the Bruen decision, NYS will appeal. If the 2nd Circuit dances around the Bruen decision, the plaintiffs will appeal.

So, to answer your question, directly, the SCOTUS says there are no restrictions on your license and you can enter NYC with it, legally. NYC claims they will arrest and prosecute, if you do that.

Gary

 

[Tesla2014]

Here's video about this, lawsuit to recognize reciprocity from other ny counties.

Lawsuit aims at NYC gun control laws

The other major component of the new litigation is a challenge to the lack of reciprocity in New York City. Not only are no other state’s carry licenses recognized in the five boroughs, even those who possess a valid carry license issued by a New York county beyond the Big Apple are unable to lawfully carry in the city. Tilem says one of the allegations he’s bringing against city officials is that they choose to recognize drivers’ licenses from all other jurisdictions, and yet a resident of Westchester County who possess a valid carry permit would be breaking the law if they drove just a couple of miles away and entered the Bronx. Tilem argues the Full Faith and Credit clause of the Constitution should compel the city to recognize carry permits issued by other jurisdictions, and as I told him, I’m looking forward to seeing what, if any, historical evidence New York City is able to produce showing that its refusal to recognize the Second Amendment rights of non-residents is part of the Second Amendment’s history and tradition.

 

[Krh1326]

The SCOTUS incorporated the Equal Protection Clause of 14th Amendment into the text of its Bruen decision, which means that your license is good anywhere in the US and that all states had to honor and recognize those issued by any other state or Constutional carry, if you are from one of those states.

However, NYC and NYS have taken the position that the state law overrides the Bruen decision and will not recognize any other license. That's a large part of the 5 major lawsuits which have been scheduled to start trial on 3/20, in the 2nd Circuit Court, which tends to lean far Left. What that court will do, despite the fact that SCOTUS made it clear what they should do, is a guessing game. Also, regardless of the 2nd Circuit's decison, expect an appeal to be filed. If the 2nd Circuit follows the language and intent of the Bruen decision, NYS will appeal. If the 2nd Circuit dances around the Bruen decision, the plaintiffs will appeal.

So, to answer your question, directly, the SCOTUS says there are no restrictions on your license and you can enter NYC with it, legally. NYC claims they will arrest and prosecute, if you do that.

Gary

Does anyone know of anyone,in NYC, being arrested and charged, in a location that is currently NOT a sensitive or restricted place, with a NYS CCW, pistol on said permit, without the NYC endorsement? Is there a way for the average man, to research that, with minimal familiarity of the legal system?

 

[Peconic Paladin]

Does anyone know of anyone,in NYC, being arrested and charged, in a location that is currently NOT a sensitive or restricted place, with a NYS CCW, pistol on said permit, without the NYC endorsement? Is there a way for the average man, to research that, with minimal familiarity of the legal system?

No, I don't. And I think it would be a bit of chore to dredge up, even for someone who does have such a familiarity. It likely would not have been a court case in that form and was probably disposed of by the guy pleading down to some lesser charge. So you are really just going by arrest records. I wouldn't be surprised if there is one.

the most famous NY gun case involving an arrest that contributed to the legal understanding of the subject is the Parker v New York case, which is what proved that the administrative restrictions like Sportsman, etc. are just that if I recall. In Mr. Parker's case, he was actually arrested for violating the law because he was a NYC resident carrying on a premises license in NYC.

I have; however, always wondered about the question you brought up because my educated assumption, which I would in no way take the bank, was that a person illegally carrying with only a Suffolk County license in NYC would and "should" be charged with a misdemeanor violation of Section 400 of the Penal Law with regard to licensing and NOT a Section 265 felony of carrying a loaded firearm with a license. I think there is a case to be made for both which has not, I don't think, ever been made in a court of law. It's been about 15 years since I first thought of that theory and I would want to revisit it to see if it would still be a good one to make.

As to the OP question, already addressed two days ago in another thread, yes you will be getting arrested if you try to use your non NYC license in NYC. Bruen declared the "proper cause" requirement of the Penal Law unconstitutional, not the section on license validity. And I don't think the plaintiffs/NYSRPA raised that issue. That being said, someone can and should raise that issue in a future case, citing Bruen and arguing as Gary has above.