Places off-limits when carrying (NY) Question about mental health establishments

[RugerSR40]

Hey guys,

I have a general question about places off-limits when carrying legally in New York State. I am a New York resident with an unrestricted carry license so I'm looking for answers specifically applicable to NY state law. This is a general inquiry and I'm aware that when seeking legal advice I should consult the proper people and such. However, for the time being I'm just looking for any basic insight. I'm just saying all that because I've seen some other posts where ppl get quite upset when someone asks questions about what is/isn't legal.

With that out of the way, I'm aware of most places where I am prohibited from carrying even with a ccl (schools, federal facilities etc.) But i recently came across something that was not mentioned to me by my safety course or during the application process.

So here are my questions. I've checked out handgunlaw.us and there's a few bullets under the off-limits section that describe how it is unlawful to carry inside facilities that deal with mental health and hygiene. Is this a restriction or is it something illegal that you will be prosecuted for? Also, does anyone know of any other links that can shed more light on this? Here are the specific bullets:

 At any facility of the New York Department of Mental Hygiene, or any residential facility that has an
operating certificate issued by the Department (N.Y. Comp. Codes R. & Regs. tit. 14, § 45.1); or
 At any facility operated or licensed by the Office of Mental Health of the Department of Mental Hygiene
(N.Y. Comp. Codes R. & Regs. tit. 14, § 542.5(a)).

link: http://handgunlaw.us/states/newyork.pdf

So far, I've only seen these on handgunlaw.us. I don't plan on carrying in these kinds of locations but I will be working in the field and would like to be aware of all laws regarding the matter. Eventually, I plan on contacting my local sheriff's office but as I said earlier I just want to get some basic info from anyone who might be able to provide insight. Thank you all in advance!!! :biggrin:

 

[Peconic_Paladin]

Hi Ruger,

I just joined the site so I'm just seeing this now. Yes, the NY State Administrative Procedure Act allows various agencies of the state to adopt their own rules for the functioning of their departments without having to go to the Legislature. The Office of Mental Hygiene adopted a rule which states:

"No person shall bring into or possess a firearm at any facility of the Department of Mental Hygiene, or any residential facility which has an operating certificate issued by the department, except with permission of the director of the facility as hereinafter stated."

How do you get the permission?

"The director of any such facility may grant an exception to the prohibition contained in section 45.1 of this Part in the following cases:
(a) Permission may be granted, in the director's discretion, to employees living on the grounds of the facility who require for hunting purposes shotguns, rifles or similar weapons, but excluding revolvers and concealed weapons. Employees may be permitted to keep such weapons, needed for hunting, in their rooms or homes, provided these weapons shall not be kept in cars, lockers, offices or elsewhere on the grounds. Employees wishing to avail themselves of this exception must receive prior approval from the director.
(b) Police officers of organized police departments and correction officers employed by the Department of Correctional Services who are on the grounds of a facility in the performance of their official duties may be excepted.
(c) The director may set aside a secure place, under his control, for the temporary deposit of firearms."

The actual text can be found at NCRR database at New York Codes, Rules and Regulations

These rules are more like they can throw you out/keep you out, rather than prosecute you. Regardless, if you have a state license for a handgun, violations of the state's gun laws are prosecuted as misdemeanors rather than felonies.

 

[RugerSR40]

Thank you Peconic! Your response is much appreciated!

 

[Peconic_Paladin]

Sure thing. Best of luck with carrying!