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Discussion Starter #1
Hi guys, hope you can shed some light for me here.

We all know there's no chance in hell of getting a CCW permit in NYC. But what if someone were to legally buy a handgun, and carry it without a CCW permit in the city. Now, if that person were to get arrested, would he be charged with felonies, in the same way as someone with an unregistered gun would be? Or would that person be charged with simple carrying a concealed weapon BUT NOT criminal possesion of a weapon?

The basic question is, it's illegal to carry a firearm in NYC without a license (duh). But, would someone with a legal gun face the same charges as someone with an illegal one?

Thanks.
 

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One would be legal to carry in state of New York. However you would be violation of the City Code. Hence I think at worst your license will be revoked because one violated the "Not Valid in NYC" restriction. Communism. Gotta like Mayor Shroomberg! FYI, the NFL player got 2 years of jail for an unlicensed handgun. Just my thoughts
 

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Hi and welcome to DC I'll try and help you out here as much as I can,okay here goes. First off what makes you think you can't get a CCW in NYC,have you tried yet? I knew a good friend of mine 10 years ago had an NYC carry permit its basically a premises permit thats unrestricted. Yes they are VERY tough to get BUT not impossible if you have what the licensing authority feel in a valid or compelling need to carry a load,concealed pistol in public. In my friend's case she has received death threat from her estranged soon to be ex-husband.

What are your circumstances are you a business owner or in some other high risk line of work? This may help you get a carry permit.

Try consulting an attorney knowledgeable in gun laws and they may be able to help you in the wording or preparing of your application. I know this is the case in Massachusetts where I'm from many a good people I know back there have received their unrestricted carry license,even in Boston(which is almost as bad as NYC when it comes to gun laws) after getting the help of a good firearms attorney before applying.

I will say this much for certain DO NOT CARRY YOUR GUN IN NYC WITHOUT A LICENSE TO CARRY!!! You will go to jail they have a one year gun law there called the Sullivan law. I don't know if it would AS severe as outright procession of a unregistered handgun,however carrying in NYC with out a permit to carry is probably a felony. I don' t think they could get you with having an illegal gun because the is legal for you have in your home,but not to carry it on your person. Be aware if caught you will most likely loose your gun rights for life by becoming a convicted felon,don't chance it its not worth it.
 

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I was thinking about placing an application to have my license validated in NYC. My understanding is that, although not 100% impossible, unless one is well connected, well too do, and/or famous, one would be wasting time. There is also recurrent training and annual validations. Thanks Mayor Shroomberg for continuing the legacy.
 

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Like I said consult an attorney in gun laws and submit you application,all they can say is not and they may say yes. Give them your honest and truthful reasons for why you feel your permit should be validated in NYC. If you have to sue them for it then sue them for it,if enough people filed lawsuits against the city for 2nd A rights violations and every permit they denied or restricted cost them money it would stop.
 

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Consider what happened to a former Giant Football player!

"Mr. Burress had a license to carry the gun in Florida, but it had expired nearly seven months before the shooting. Even if it were valid, prosecutors said, Mr. Burress would not have been allowed to carry the weapon in New York.

Shortly after Mr. Burress reached the nightclub’s second-floor V.I.P. area, the gun slipped down his pant leg and accidentally discharged as he tried to stop it from falling to the floor. The bullet hit Mr. Burress’s leg and narrowly missed a club security guard, prosecutors said.

Mr. Burress was indicted on charges of second-degree criminal possession of a weapon and faced a mandatory minimum sentence of three and a half years if convicted at trial. Last month, he pleaded to a lesser charge to receive a shorter sentence."
 

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If the Supreme Court rules that the 2A applies to the States via the 14th Amendment, this may soon become a moot point!

With 58 Senate votes last time around, we may also get national CCW reciprocity.

Boy, wouldn't that be sweeeet!
 

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Discussion Starter #8
I probably dont have a reason that the city will deem reasonable enough to give me a permit. I'm a regular citizen who just doesn't want to be a victim. I didn't know that having an attorney look into that for you may help. Thanks for the tip.

Speaking of athletes, Delonte West of the Cavaliers was caught having three guns (two handguns and a shotgun) on his person in Maryland, PG County. Maryland has laws that are about a stringent as NYC ones and he got charged with misdemeanors. I assume that was because the guns were actually licensed and he didnt have a CCW permit.

So perhaps if you carry a licensed gun without a CCW permit in NYC, it might be a misdemeanor? Or could be reduced to one?
 

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If the Supreme Court rules that the 2A applies to the States via the 14th Amendment, this may soon become a moot point!

With 58 Senate votes last time around, we may also get national CCW reciprocity.

Boy, wouldn't that be sweeeet!
We can all hope for the best.

But I wonder, would cities still be allowed to place local ordinances that prohibit CCW permits holders from CC in their city? They may not be able to charge a felony, but they could still make it worth your while to stay out of the city that did that.
 

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If you carry a firearm in NY without a NY license the arresting officer will charge you with unlicensed firearm felony and as many other charges as he can to get it to stick. After he finds out the gun is registered to you in another state thru the atf it will get knocked down.
 

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Discussion Starter #11
Does anybody here live in NYC and have a carry license? Should I hire an attorney for the application or would that be a waste of time, effort, and money?
 

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Best answer for you is from 1911LUVER:

"Try consulting an attorney knowledgeable in gun laws and they may be able to help you in the wording or preparing of your application. I know this is the case in Massachusetts where I'm from many a good people I know back there have received their unrestricted carry license,even in Boston(which is almost as bad as NYC when it comes to gun laws) after getting the help of a good firearms attorney before applying."

He will be able to tell you what your chances are and what type of permit you could get.

bosco
 

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I grew up in Ny and the guns laws are pretty rediculous. I am sure that if you get caught carrying in NYC that there is going to be trouble. The carrying aspect isn't as big of a deal as if you were to shoot someone. You and I know that it would be justified and out of self defense. But that would bring out criminal possesion of a Fire Arm and a whole bunch of other problems. If you did get caught with in NYC you are looking at probably loosing you CCW and never getting it back and some other crimianl charges that would prevent you from getting a permit any were else. I live in pa now were you don't need a ccw to buy a hand gun and the process for getting a ccw is fill out the form pay the money and you get it 15 min. So I carry everywere. I solve the problem with NYC by just not going there.
 

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If the Supreme Court rules that the 2A applies to the States via the 14th Amendment, this may soon become a moot point!

With 58 Senate votes last time around, we may also get national CCW reciprocity.

Boy, wouldn't that be sweeeet!
I'm still not completely sold that the Federal Government handling national reciprociy is a good idea. On the surface, it's great, but what the federal government gives, it can easily take away. It would be better if all states just recognized all permits like they do driver licenses.
 

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I like national reciprocity for one reason in particular, to see Bloomy try to explain why there aren't shootouts on every street.
 

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Unless its changed you need a permit to even OWN a handgun anywhere in the state of NY. I lived in Endicott, NY for 4 years and everyone I asked about it said the same thing their website does...a permit is required to own a handgun in the state of NY.
NYC probably has a long list of crap laws itself.

The permit to OWN is hard enough to get in some counties. A carry permit is much harder and nearly impossible in most cases from what I was told. Again, NYC is a whole different animal.
 

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To the original poster you should consult an attorney as I've said,after all you have everything to gain and nothing to loose. The best case is you get you permit validated in NYC worse case is you come out of it how you went in with an unrestricted handgun permit from NYS.
 

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Hi guys, hope you can shed some light for me here.

We all know there's no chance in hell of getting a CCW permit in NYC. But what if someone were to legally buy a handgun, and carry it without a CCW permit in the city. Now, if that person were to get arrested, would he be charged with felonies, in the same way as someone with an unregistered gun would be? Or would that person be charged with simple carrying a concealed weapon BUT NOT criminal possesion of a weapon?

The basic question is, it's illegal to carry a firearm in NYC without a license (duh). But, would someone with a legal gun face the same charges as someone with an illegal one?

Thanks.
While I'm not going to go into further details about the case...

I will say that I was at the District Attorney's Office for Bronx County 2 weeks ago speaking on behalf of someone who got pinched with a handgun in "da city".

The weapon was not loaded, not was it carried on his person.

None-the-less, this person is facing 3 years for having a handgun w/o the proper paperwork.

We are waiting to see if the DA is going to take into account his CT permit, and the other positive factors in his life, and what the disposition will be.

You DO NOT want to carry w/o a permit in NYC.

Do not do it.
 

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Mayor Loonberg doesn't care who you are, how important you are or how much money you have. If you carry illegally in "HIS" city, you are going to jail.....period.

Every single CCW permit holder in NYS knows, you can not carry in "da city"

A resident of the State of NY can get a permit to carry in NYC. I have heard it will cost you anywhere from $6000 to $8000.....with NO GUARANTEE you will get the permit.

actually, most New Yorkers wish "Da city" would fall into the Atlantic Ocean :aargh4:
 

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Now, if that person were to get arrested, would he be charged with felonies, in the same way as someone with an unregistered gun would be?
This is exactly what happened to Plaxico Burress. It cost him 2 years in prison, a couple of years of probation, and millions of dollars in salary. He pled guilty to "attempting to possess an unregistered handgun" to avoid worse charges and a longer sentence.

If a person had an NYC "residence" permit to own a handgun on his premises, obviously a plea bargain would not involve an unregistered handgun, but I think it extremely likely that prosecutors would find some way to imprison the person.
 
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