with all due respect what you have highlighted in bold, is the penal code referring for applicants of a NYS pistol permit, this has nothing to do with a NYS resident that has already been granted a NYS pistol permit.
Will the Ulster county clerk and judge that approved the keeping of the NYS permit with the new South Carolina address over two years go to jail than? I think not.
I am not sure what county you are from but, I suggest calling the Greene County Sheriffs office to verify for yourself. The Greene county office specifically stated that their is nothing in the penal code that specifys that a resident has to give up their NYS pistol permit when a NYS resident moves. Greene & Ulster County are therefore using that lack of specification in the penal code for their county residents who already have a NYS pistol permit in their counties and are moving out of New York State to reissue NYS permits with the new non NYS address. The Greene County Sheriffs office said that this is a fairly new interpretation of the penal code and they are following suite. As far as I know Green & Ulster Counties may be the only in the State that do this. I have called Westchester and Dutchess and they do not allow it.
We're not interested in a specific county's opinion. He's not an attorney and should not be advising you on matters of law. i suggest you consult with an attorney specializing in NY firearm law. We provide services to residents of every county in NYS, including legal representation before the judges. You're looking for some encouragement that you can carry after losing residency and it's just not so. You cannot have a CCW in NYS unless you are a resident. Period. I gave you the sections of the penal law (not code) that apply to your situation. Reread this. It is very specific about residency and proper addresses.
3. Applications. (a) Applications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his principal place of business as merchant or storekeeper;
5. Upon application by a licensee who has changed his place of residence such records or applications shall be transferred to the appropriate officer at the licensee's new place of residence.
Par-3 states you must reside or do business in the state. Par-4 states you must file an amendment for change of address. When you file an address change out-of-state the permit will be revoked as you are no longer a resident. If you refer to 265.20(13-a) you will see that an exemption to a crimoinal possession of a weapon charge is are granted to a non-resident only when traveling for a sanctioned match or education.
Section 265.20 Exemptions
a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15 and 270.05 (criminal possession of a weapon) shall not apply to:
13-a. Except in cities not wholly contained within a single county of the state, possession of pistols and revolvers by a person who is a nonresident of this state while attending or traveling to or from, an organized convention or exhibition for the display of or education about firearms, which is conducted under auspices of, or approved by, the National Rifle Association and in which he is a registered participant, within forty-eight hours of such event, provided that he has not been previously convicted of a felony or a crime which, if committed in New York, would constitute a felony, and further provided that the pistols or revolvers are transported unloaded in a locked opaque container together with a copy of the convention or exhibition program, convention or exhibition schedule or convention or exhibition registration card. Such documentation shall constitute prima facie evidence of exemption, providing that such person also has in his possession a pistol license or firearms registration card issued in accordance with the laws of his place of residence. For purposes of this paragraph, a person licensed in a jurisdiction which does not authorize such license by a person who has been previously convicted of a felony shall be presumed to have no prior conviction. The superintendent of state police shall annually review the laws of jurisdictions within the United States and Canada with respect to the applicable requirements for licensing or registration of firearms and shall publish a list of those jurisdictions which prohibit possession of a firearm by a person previously convicted of a felony or crimes which if committed in New York state would constitute a felony.
This exemption would not read as stated if a non-resident could be exempt by having a permit as provided for residents in 265.20(3).
If you are stopped with a gun in NY and you produce that old permit you may get away if he doesn't check further ID. But if you use that gun in self defense and provide an out-of-state address for the police report, someone is going to ask why you are producing a false document to the LEO. You're going down at that point.
As far as ulster goes, I'm friends with Judge Cahill and have discussed this topic with him in the past as we are the largest permit service organization South of Albany.
Just follow the advice. After you get residency in your new state file an amendment for address change and you'll see I'm correct. I don't usually respond with so much data but I'm trying to keep you from making a grave error. There is absolutely no chance I'm wrong on this issue.