[Peconic Paladin]

So the other day I was going to the range on my motorcycle. I couldn't fit my pistol box in my backpack, so I just put the pistol in one of the pocket inside the backpack and of course zip it closed. I took out the magazine and put it in a separate pocket (UNLOADED). I did not have any ammo on me or in the backpack. (I bought the ammo at the range).
Is that okay to travel on my motorcycle like that? With the gun in my backpack and no ammo?

On the way home from the range, I got low on gas (not low enough that I couldn't make it home, which I did) and was wondering if I'm allowed to stop at the gas station (use credit card and NOT going inside the store)? Remember I only had the gun in my backpack and NO ammo.

A guy i talked to at the range which also has the Sportsman license, told me that he drive to the range (directly, in a car) with the gun loaded and concealed. Is that even legal?

Yep. You guys are (both) all good.

Sportsman licenses (were) for carrying loaded, on your person, to and from the range.

 

[Peconic Paladin]

So according to the letter of the law with the injunction in place anyone with a sportsman can legally CC anywhere that's not restricted. And if push comes to shove, expense aside they should prevail in a court of law??

According to the CCIA you need the training upon renewal...According to SCOTUS my sportsman is a full carry..

Yes, although the prelim injunction is just about what is restricted in your case. It has nothing to do with the status of your license.

And speaking of push comes to shove, the "court of law" you are talking about prevailing in is an Article 78 proceeding in Supreme Court to get your license back after SCPD tries to suspend or revoke and you want to fight them.

If you were talking about a real court, where you are actually arrested, the only way I can see it happening is for an SCPD officer doing in for the misdemeanor charge of carrying with a premises license, they would have to make the case that your sportsman magically and automatically became a premises license that you could no longer carry loaded out of your house at any time. That's really f'ing stretch. And laughable if they are still letting you do so for sportsman reasons.

 

[Peconic Paladin]

Yes, all non-premises licenses are full carry, per Bruen. Nothing in the CCIA contradicts that. The CCIA simply tried to limit where you can carry and the Antonyuk injunction eliminated almost all of the restrictions. The trial will do the rest.
Gary

Beretta, I agree 100% with this for the other reasons I mentioned in my main reply.

 

[Peconic Paladin]

What about the ones that were Sportsman, and changed to Premises when I added a pistol, yet still say Type:Carry? I was also told to treat it as a Sportsman when going to the range or hunting. It’s a carry post Bruen?

Just to clarify for others: The permits from the Sheriff say that.

My answer is yes, and I believe Gary would agree. That's the short version.

Here's the long version: there are really only two types of permits for people without specific jobs like supreme court justice, express courier, and merchant/storekeeper. This has always been so.

These permits are:
1) "have and possess in your dwelling"; and
2) "have and carry concealed."

They only thing that has changed with SCOTUS and CCIA is the need for a "proper cause" to get the second type. You don't anymore. They are both "shall issue."

If you are allowed to carry your gun, you have a #2.

 

[Peconic Paladin]

Are we absolutely certain that the training is at next renewal if last renewal was prior to September 1?

IF you have a pistol license already; and
IF you want to keep your present carry license; or, for the NYC premises people, "upgrade" to a carry license; and
IF you live in the "downstate counties,"

Then yes, you have to submit a training cert before renewal. Otherwise you'll be busted back to a non-carry license, which you've probably never had before unless you live in NYC.

Now...so far, the people who are renewing their sportsman/business/full carry class carry licenses and NOT submitting their training to keep them are still getting these carry licenses renewed regardless, at least as "Sportsman." This is in direct contrast to the requirements of the CCIA. How long the state lets the licensing officers keep doing this is something we are definitely NOT "absolutely certain" of.

 

[Peconic Paladin]

Oh geeeez? No wonder I'm confused.

So are the license officials.

 

[Peconic Paladin]

Can sportsman/full carry now enter NYC?

No, you will need a NYC "Special Carry" pistol license. that means you have what they call your "basic county license" eg Suffolk or Nassau and then an additional NYC license. To apply for the latter, you seem to need either a residence in the city or a principal business address in the city.

 

[Peconic Paladin]

So much for Bruen

This might have been in response to someone else, but Bruen did two critical things:

1) Rendered unenforceable the "proper cause" provision of the Penal Law for carry licenses and led the State to repeal it. => Shall issue "full carry" (to use the old term) for all.
2) Gave us the grounds to challenge all sorts of other new and existing anti-gun laws like the CCIA and varous licensing officer regulations.

 

[Peconic Paladin]

No, I meant that today Bruen gave us more questions than answers. Confusion reigns among everyone including LEO whose heads must be swimming. Laymen like myself have to depend on you guys. I know Bruen is getting us closer but I need a scorecard.

Gotcha. Oh absolutely. I use a scorecard myself. Haha.

I will say that Bruen did give us answers, but they State didn't like it so it was the CCIA and the State's implementation that gave us those additional (and confusing) questions.

 

[Peconic Paladin]

I'm assuming that since there is an injunction at the moment that we can enter a business unless there is a sign to the contrary. Am I wrong?

No. Not wrong. I've been doing it every day.

 

[Peconic Paladin]

so, if I happen to get a shit cramp on the way to the range, and we have all gotten it one time or another “out of the blue”, after a Mexican or Sushi dinner the previous night, or with me from “Pete’s Wicked Ale” (which happened to me on a business trip on a flight back from SFO to JFK, boy did I pollute that Lav on the “Red Eye” one time) I have no other option than to shit my pants, instead of finding the nearest bathroom in a Dunkin Donuts or Starbucks, that are just about on every corner.

Not illegal, but it would tick off the PLB if they every found out.

If nature calls, I suggest you answer it.

 

[Peconic Paladin]

I agree with you 100%, but unfortunately they are still going with a Premises/Carry and is still only good for the range.

Absolutely. You would definitely be going against their rules carrying whenever you wanted, which could trigger a suspension and a need for you to either wait it out or go the Article 78 route in Supreme Court to get it back (which isn't too crazy, but I would suggest an attorney). As long as you stay concealed, it shouldn't come to that.

 

[Peconic Paladin]

So if you have a residence or business in NYC, you have to pay their 4% income tax too, right?

Not necessarily. That has more to do with where the money is generated and where you are "domiciled."

 

[Peconic Paladin]

Hmmm.... I just found a copy of the lates PLI handbook and when I read about the Sportsman license, it says at one point "Licensees are authorized to stop only for nonalcoholic refreshments and /or a meal on the way to and from their shooting destination. You are authorized to do this only during the period between leaving your residence and arriving at your shooting destination or during the return trip" So I guess they changed that to NO stopping at all?

That was always my favorite "rule."