Forgot My Permit

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I live in Buffalo, but am originally from Syracuse.

I planned on leaving Buffalo for Syracuse for Easter Friday right after work so I packed all my things the night before.

I got home from work loaded the car and left for Syracuse. I got to Sracuse and.... I forgot my wallete in my work pants. In my wallet is my permit.

Obviously I'm now not going to carry, but does anyone know what the ramifications are for having my handgun without my permit on me if I get pulled over on the way home?
 
Not sure on the laws so I will not answer. I had something like that happen to me tho I forgot my ccdw liscence at home and was 4 hours from home went back home got it and returned with the trip lol
 
I think the biggest fear/worst case scenario would be you getting hooked up on a weapons charge if there is no way to validate you having a permit to have a loaded weapon on you and in your vehicle.
 
HI:
There is a Federal Transportation law. This Federal Law is good in all 50 states. It is referred to as FOPA. It allows you to transport you guns in a vehiclee. They should be in a case. Guns and magazines empty. Ammo in a box separatee from the guns. Guns should be in the truck or a place farest from the passengers and driver.
 
Flanmedic51 is correct. Possession of a handgun without a permit usually means you are going to jail until arraigned and bail is set and met.

I'm going to Syracuse on Sunday. Your post is a good reminder for me to be certain I have my wallet with me.

I did the same thing you did many years ago. Since then I always get gas just before getting on the Thruway - usually at the Valero at main and Kensington in Snyder. That way I'm certain I have my wallet with me before getting on the Thruway.
 
Sorry I can't answer your question, but forgot your wallet? That sucks. Where is your driver's license, your credit cards and your cash? I don't know the laws of your state, but it sounds like a disaster waiting to happen, if you have a gun with no permit, no ID and no money.
 
That's a tough one. To carry, the law says you must have your permit on your person. Just having a permit is not sufficient. You're right not to carry. As far as the interstate commerce federal law, it's been challenged in NY before. . . . but NY has a very specific law stating that even transport of a handgun within the state can only be done by a properly licensed person. From what I've heard, local and state law will trump federal law in the courts. It's a State's rights issue. In your shoes, I would not carry. I'd unload, locked case with no ammunition in the vehicle and do the speed limit on your way back to Buffalo.
 
I've seen this happen twice over the years. In both cases the person was arrested but the charges were dropped when the permit was produced to the D.A. In one case the judge issueing the permit reprimanded the guy. Both got their gun back but now they have an arrest record.

Obey traffic laws. Don't get pulled over. Unload the gun, lock it up if you can.
 
jplate3:

That's just like you are supposed to have your driver's license with you. You'll probably be charged, but once you present your license you'll be ok. There may be a fine for driving without your driver's license. I don't know the penalty for not having our carry license with you, but it certainly won't be a felony, probably just a fine and tongue lashing.

Federal transport of guns (FOPA) only applies to travel across state lines.
 
jplate3:

That's just like you are supposed to have your driver's license with you. You'll probably be charged, but once you present your license you'll be ok. There may be a fine for driving without your driver's license. I don't know the penalty for not having our carry license with you, but it certainly won't be a felony, probably just a fine and tongue lashing.

Federal transport of guns (FOPA) only applies to travel across state lines.

Not exactly. The reason that people just get a slap on the wrist when they are driving without the physical license, is because NO WHERE in the Vehicle and Traffic Law does it specifically state that you have to carry the license on your person while operating a motor vehicle. A person only has to prove they are licensed in the courts when contesting a charge of driving without a license. You go to court, prove you were operating legally, and you're on your way. The only violation is not carrying the actual license when operating a commercial vehicle.

However, the firearm carry laws in NYS do specifically state in order to be carrying legally, the license must be 'on your person'. That's the difference.

Check it out:

Vehicle and Traffic Law on Licensing: Article 19 - Vehicle and Traffic Law - Licensing of Drivers

Penal Code - Article 400.00 - LICENSING AND OTHER PROVISIONS RELATING TO FIREARMS - Subsection 8 -

"8. License: exhibition and display. Every licensee while carrying a
pistol or revolver shall have on his or her person a license to carry
the same. Every person licensed to possess a pistol or revolver on
particular premises shall have the license for the same on such
premises."

Either way, it's good practice to have both of them and not end up in court in the first place. ;-)
 
I know the law.

I was expressing my conjecture of what would/might happen. And of course you are right that it's best to have both of them when you are exercising the privilege the license extends. (PLEASE - no one convert this thread to a Constitutional issue.) But we don't know what might happen. I see no penalty in the law for not have your license on you. So I believe it will be at a judge's discretion.

Do you know the penalty?
 
Not exactly. The reason that people just get a slap on the wrist when they are driving without the physical license, is because NO WHERE in the Vehicle and Traffic Law does it specifically state that you have to carry the license on your person while operating a motor vehicle.
That is incorrect. The NYS VTL specifically requires you to carry the license...

§ 507. Miscellaneous provisions.

2. Failure to exhibit license. Failure by a licensee to exhibit a license valid for operation under this chapter to any magistrate, motor vehicle license examiner, motor vehicle investigator, peace officer, acting pursuant to his special duties, or police officer shall be presumptive evidence that he is not duly licensed.

§ 509. Violations.

7. No person shall operate a commercial motor vehicle without being in possession of the appropriate license for the motor vehicle being operated.

Although most judges will drop the charge when the license is produced there is no statutory requirement they do so. One can still be fined in violation of 507 or 509.
 
That is incorrect. The NYS VTL specifically requires you to carry the license...

§ 507. Miscellaneous provisions.

2. Failure to exhibit license. Failure by a licensee to exhibit a license valid for operation under this chapter to any magistrate, motor vehicle license examiner, motor vehicle investigator, peace officer, acting pursuant to his special duties, or police officer shall be presumptive evidence that he is not duly licensed.

§ 509. Violations.

7. No person shall operate a commercial motor vehicle without being in possession of the appropriate license for the motor vehicle being operated.

Although most judges will drop the charge when the license is produced there is no statutory requirement they do so. One can still be fined in violation of 507 or 509.

To be honest, I haven't read those statutes in a while. What I presented was the way it was presented to me when I was pulled over some time ago and didn't have my license on me. I was pulled over by a State Trooper while quickly going out to get milk in my pajama's, with no pockets and no wallet. LOL He followed me home that night in order to check my license and make sure I checked out. The information was then related to me by him. Although, that was some time ago. . . .

Thanks for that information. I always hate spreading bad intel.

Also, point being . . . .I'm fairly certain to a State Trooper on the Thruway, forgetting your license to drive or driving without a license would be minor compared to failure to carry your license to conceal a firearm, or worse, an unlicensed gun charge. I don't agree that a judge would treat them equally.
 
I have a color copy of my drivers license, registration, insurance card and my NYS pistol license [front & back] that i keep in an envelope under the seat in my truck. If i ever forget my wallet with my pistol license, at least i have a high quality reproduction of it which hopefully will persuade the police not to arrest me for violating NYS PL 400.15. I also have 2 other copies without my pistol license in the center console of my truck. If i'm stopped for a traffic vioation or involved in an accident, i hand one copy to the other vehicle operator and police for information exchange purposes. Hopefully that will save me a summons for VTL 507 or 509. Most cops i know on L.I. say they will accept a color copy of a document if it is legible enough to see the picture and license#/plate#/VIN#. You may get a lecture but i would accept that in lieu of losing a days pay for a trip to traffic court. Or bonding out of jail.
 

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