Basic carry/travel info please

[TomJV]

I just got my Westchester County hunter/target handgun permit.
I have some questions:

1. What if I want to travel up state, stay with friends(private res) and while I'm there, visit a range to shoot target, or hunt deer?

I assume I can travel upstate because there's no firearm hunting in Westchester county where I reside. That said,
I assume I'd disable and safeguard the gun for travel and lodging, then act as though I'm home when I go to the range/hunt. Load and holster the gun to/from the activity. Is this correct? Also, I'll check the local laws of my destination before doing so.

2. When I go hunting, do I have to carry concealed? I assume NO.

3. When I go hunting or target shooting with my gun on my hip, must I be CC?
I mean, lets say I stop for gas and a coke on the way to the range.

4. Where am I legal to carry while hunting, rifle counties or shotgun too?

5. When am I legal to carry while hunting, Muzzle ok?

6. Is there an age restriction for my boys who I'd like to teach to shoot?

7. Can my wife shoot my hand gun in my presence? (assuming I'm legal)

Megga Thanks in Advance,
TomJV

 

[Gaucho]

What state are you in? I am so glad I don't live there. In my state I can carry any guns including loaded without a license of any kind and my boys can shoot all day long.

 

[JimPage]

If you have a carry permit, which I assume you do, you can carry anyplace outside the 5 boroughs. You must carry concealed. Open carry is allowed only while hunting, hiking, etc. You don't have to unload or disable the gun while traveling.

You can carry the pistol while hunting, but not bow hunting. I'm not sure about muzzle loading season. Check the game reg book that comes with your hunting license.

Carrying a pistol is covered under the penal code so it doesn't matter whether you carry in shotgun or rifle country. Generally pistol hunting is ok in shotgun only counties, but I'd check with the locals to make sure. Centerfire only pistols for big game.

There is a recent change in the law that allows you let youngster shoot your pistol so long as you are supervising. The age is (not exactly sure of the youngest age) 16 to 21, once he is 21 he must have license just like you do. Check on this to make sure.

A call to the county pistol license office can usually get all those things answered.

 

[RochPersDef]

Tom:

I'll answer this as a fellow NY'er and someone who has already found the answer to your questions.

You have what is essentially a 'restricted' permit. That means you are not allowed to do certain activities with your handgun. Carrying concealed is one of those off limits activities. Period.

1) So, when you travel upstate, you can transport your handgun (unloaded and locked in a hard sided container, separate from the ammo) wherever it is legal.

2) When you go hunting, unless you are hunting with the gun, normally it must be concealed (unless you are restricted from doing so).

3) You cannot carry open when in public. Even hiking. (refer to NYS CPL 400-2(f) where the license issued is for 'concealed'). However, YOU are not afforded the ability to carry concealed, nor are you able by law to carry open, so you cannot carry the firearm on your person at all. The simple act of having a holster on your body indicates you are going to, have been, or are currently carrying the gun. Be careful, there is a big difference from transport and carry.

4) and 5) You cannot carry. You would be in violation of your permit and the judge could yank your permit (forever by the way - once gone, it's gone) should you be discovered.

6) Between the ages of 14 and not yet 21. At a range (not private property or game lands) with a qualified adult. The adult must have passed a handgun safety training course. The law here is very specific about location. Look up section 265 (13) for the exemptions and you'll see it. You have to carefully read them too.

7) Unless your wife has a permit in NY state, she could not legally handle a handgun, loaded or otherwise. NO exceptions unless in the home and in the defense of her life.

Sorry, but that's NY.

Now some additional info: You permit's restrictions are administrative. That means that there is no law that you would be breaking if you carried concealed - even in another county. You will not be arrested or charged. What would happen is that the judge would revoke your permit privileges in NY state and you're done. The restrictions on your permit are also technically valid ONLY in the county of issue.

BUT......are you going to be the one to test it?

 

[TomJV]

Great Information Dave,
Thanks very much!
TomJV

 

[RochPersDef]

Tom: Not a problem.

 

[ruger10/22]

Tom:

I'll answer this as a fellow NY'er and someone who has already found the answer to your questions.

You have what is essentially a 'restricted' permit. That means you are not allowed to do certain activities with your handgun. Carrying concealed is one of those off limits activities. Period.

Dave, thank you for the update, however, a permit restricted to target and hunting is still a concealed carry permit. That is, it can be carried concealed within the activities that the judge issued it for. After all, the application clearly states “carry concealed.” On the other hand, I would agree that when traveling, with the exception of a trip to the shooting range, it would be best to lock up the gun although I have never heard anything about the type of container. If you read some of the other New York threads, you will see that this is not just my opinion.

 

[RochPersDef]

Yup. I know that. You also quoted just a snippet of my whole post. The rest of it explains the part you quoted. The thing is, each county has its own interpretation on when you can carry concealed on a restricted permit. Some will say that you can carry concealed when going to/from the range, some will not allow it at all, no matter what you are doing. Some will say you can carry concealed on your property but not in public.

The original idea is that unless you have other specific guidelines that say otherwise, when your permit is restricted to Hunting or Target shooting, that's all you can do with it (while in the confines of that county) and nothing else.

And yes, I do read the threads, but I also try to make people aware of the base line rules and laws as well as the 'local flavor' in each county that I have awareness of.

Just remember, you are at the mercy of the judge as well as NY law

 

[ruger10/22]

Ok, I think I see what mean now. I was assuming you were referring to New York, non NYC permits in general. My bad. I snipped the rest of the post out just to make clear what I was referring to. Sorry about that. Anyway, is it a Westchester restriction that requires the hard sided case? Thanks again.

 

[RochPersDef]

Not a problem. The hard sided, locked case is actually part of the Federal Peaceable Journey Act. if it's good enough for the Feds, then it should definitely be good enough for the state.

Most of the safety courses I know of suggest highly that you transport the gun unloaded in a hard sided, lockable case anyway

 

[Cap'n Crunch]

The Economy may not be great here but listening to all these permit stories, there are times when I'm very glad I live in Chautauqua Co.

 

[BC1]

All counties in NYS must comply with provisions of the NYS Penal Law (Article 400 - Licensing, Article 265 - Firearms and Other dangerous Weapons) in regard to handgun licensing. NYS issues two type of licensing through counties; premise and carry. NYS PL 265.20(3) provides an exemption from criminal charges to anyone carrying a gun with a NYS pistol permit issued under Article 400. This permit may have restrictions. Carrying outside of the restrictions is not a criminal act but rather an administrative violation. However, the real sticking point is NY PL 400.00(2)(f) which states "A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof." The U.S. Court upheld that denying a CCW permit for personal protection does not violate the proper cause provision.

WHAT WESTCHESTER HAS DONE TO HURT RESIDENTS is that it successfully challenged in federal court the constitutionality of denying a permit to carry a concealed handgun. This upholds the county's position that granting licenses to carry concealed firearms is a matter of discretion to be decided by state authorities and is not a right. Apparently, the decision stated that refusing to issue a concealed carry permit is not a violation of the second amendment according to Heller. The Second Amendment Foundation filed a BRIEF OF AMICUS CURIAE in February 2011 in Westchester claiming that self defense is a legitimate reason for obtaining a handgun permit Link Removed. The worst part is that non-residents of Westchester County who hold a valid NYS CCW permit cannot be stopped from carrying a concealed firearm at this time. Very biased and unfair to residents of that county.

We can find no policy or law in Westchester limiting citizens' permits to "possess on premises" or to transport in a container if they posses a restricted CCW permit. If anyone can find any reference to this issue or county ordinance for Westchester please post it for everyone.

Thanks. BC out.

 

[RochPersDef]

Thanks BC1. I was hoping someone was going to do the research...LOL

Anyway, most of my commentary about 'transport' was for those that cannot carry (you know, the ones that have those awful admin restrictions) and have to transport it. Most counties I have dealt with specify the method as a default. The Federal Peaceable Journey Act says it too. My outlook on it is that if it's good the them, it should work here - if you have to follow something, why not that?

Anyway, most times, just do what ya gotta do and if you're discreet and sensible, you'll be fine.