Staying in NY as a law student (non-resident), possible to take handgun?

Pvolt · October 18, 2011, 11:12 PM

Hey everyone, been reading TFL forums for a long time, but this is my first time posting.

A few months ago I began attending law school in New York. I am living in an off campus apartment that I will probably continue staying at until graduation and I was hoping to find a way to legally bring my two handguns that I purchased in NJ with me. At the same time don't want to become a resident of NY because I plan on going back to NJ both in the summer and after graduation. I basically was wondering if there was a way to possess the handguns in both NY and NJ and to be able to legally take them with me when I am staying in each state. Some states give students resident status so long as they are students, but I don't think NY does. I am really not to familiar with the firearm laws in NY, but know that some people here are extremely knowledgeable on the issue and I was hoping someone could offer some help. Any information or advice would be greatly appreciated.
-Thanks

rwilson452 · October 19, 2011, 06:16 AM

You may not posses a hand gun in NY without a NY permit. They don't issue permits to nonresidents. So, you can't posses a handgun in NY.

AirForceShooter · October 19, 2011, 06:23 AM

The simple answer is NO.

Don't even think about it.

AFS

Ronbert · October 19, 2011, 08:21 AM

Seems like a really good independent study project for a law student doncha think? I mean, seeing as how it's an issue of law and all.....

maestro pistolero · October 19, 2011, 12:03 PM

It sounds like you would have nearly ideal standing for a lawsuit. You have to choose between 'keeping' in one state or the other.

Pvolt · October 19, 2011, 04:22 PM

Haha, I have enough on my plate at the moment without an independent study project. Besides, on a matter like this and with these potential consequences I would rather be sure about the answer than testing out my sub-par ability to interpret statutes. Thanks for the responses though everyone, I appreciate the info. I really wish there was a way around the residency thing, but from what everyone has said and from what I have researched, there is not. I guess I can always become an NY resident relatively easily then apply for a permit here. I suppose this option makes the most sense since I will probably be in NY for at least 9 months each year oppose to only 3 in NJ. Now, in this situation (as a resident of NY), would there be any way to bring the handguns home to NJ when I went or does NJ require residency as well?

maestro pistolero · October 19, 2011, 04:39 PM

Perhaps you could research dual state residency. It seems your time is rather evenly split between the two states.

RamItOne · October 19, 2011, 04:51 PM

Wiki of course is not the authority but...
New York State pistol licenses are not issued to out-of-state or part-time residents.[220] New York does not honor licenses or permits from any other states, though some states will recognize New York licenses without a formal agreement.[221] There are no provisions for an out-of-state handgun owner (other than on- or off-duty law enforcement, on-duty military or non-resident business owners with a NYS Pistol License), except for off-duty law enforcement and military personnel.[citation

youngunz4life · October 19, 2011, 05:01 PM

I don't think you should give up hope, and here is my reasoning:

The goal is to get at least one of your handguns to your apartment which is in NY. Yes you live off-campus, and you are also a full-time student.

Obviously, carrying off your property is a no-go in a no-go situation. This firearm is for inside the house(apartment).

You seem to have some basic knowledge of the residency thing, but it doesn't seem definitive. When I was in college I got sick of the cop saying you need to get a license with your residence on it. I still don't know if the guy was right, but I was not worried about it. I did do it eventually though. You can use your Mama's address but you absolutely can get a NY license with your NY address. Be advised it is Extremely easy to go back to your residence you grew up at down the road. I doubt the Dept of Motor Vehicles would even cancel your NJ license when you turn it over upon getting the NY license(they will physically cut up the license but if they don't go 'thru the process' of cancelling your license w/NJ then it is on them and still technically valid).

Basically, I see absolutely no reason why you can't get a NY license and then subsequently do what you need to do to legally bring your firearm to NY(keep it simple with one at least at first).

KISS - Keep It Simple Stupid

I do not feel this is cutting corners or illegal in any way. Just cuz you're in college doesn't mean you can't be an adult. If it doesn't work legally then just 'chalk it up' and move on by doing the right thing. I really think it is only a big deal if you make it one, but definately respect the process.

all the best

rwilson452 · October 19, 2011, 06:17 PM

you didn't say where in NY you going to school. If your in NY city and apply for a permit, don't hold your breath waiting. It's going to cost you a bunch of cash also.

**44 AMP** · October 20, 2011, 09:28 PM

cannot speak to the dual residency idea, nor NJ laws, sorry.

I can tell you that in 1975 NY state required 5 sets of fingerprints, 4 photogrpahs and 3 character references for the application, and that after investigation, issuance was entirely at the whim of the local county judge.
I know that since then, the state has added a training requirement (you have to take a safety class), but don't know the specific details of duration or what is approved today.

Also, the handgun (s) you were applying to own had to be listed, by make, caliber, barrel length, and serial number, and this was put on the back of the permit when issued. AND, those were the only handguns you were legal to posess. Period. That was the law then (when I left the state) and I don't think it has been relaxed any since. Most likely the opposite.

You cannot legally posess any handgun inside of the physical borders of New York State, without a permit for that specific pistol.

Check the laws, but if you are living in NY 9 months per year, I think you would meet the residency requirements. Utility bills are generally used to prove address.

The system makes it difficult for legal handgun ownership. It is time consuming, expensive, and much more restictive than many other states. And the further south of Albany you go, the worse it seems to get. NYC laws are worse, and a NY State permit is not valid in NY City.

October 18, 2011, 11:12 PM	#1
Pvolt Junior Member Join Date: October 18, 2011 Posts: 2	Staying in NY as a law student (non-resident), possible to take handgun? Hey everyone, been reading TFL forums for a long time, but this is my first time posting. A few months ago I began attending law school in New York. I am living in an off campus apartment that I will probably continue staying at until graduation and I was hoping to find a way to legally bring my two handguns that I purchased in NJ with me. At the same time don't want to become a resident of NY because I plan on going back to NJ both in the summer and after graduation. I basically was wondering if there was a way to possess the handguns in both NY and NJ and to be able to legally take them with me when I am staying in each state. Some states give students resident status so long as they are students, but I don't think NY does. I am really not to familiar with the firearm laws in NY, but know that some people here are extremely knowledgeable on the issue and I was hoping someone could offer some help. Any information or advice would be greatly appreciated. -Thanks

October 19, 2011, 06:16 AM	#2
rwilson452 Senior Member Join Date: June 10, 2004 Location: Tioga co. PA Posts: 2,647	You may not posses a hand gun in NY without a NY permit. They don't issue permits to nonresidents. So, you can't posses a handgun in NY. __________________ USNRET '61-'81

October 19, 2011, 06:23 AM	#3
AirForceShooter Senior Member Join Date: December 21, 2005 Location: Sarasota (sort of) Florida Posts: 1,296	The simple answer is NO. Don't even think about it. AFS __________________ 'Qui tacet consentit': To remain silent is to consent.

October 19, 2011, 05:01 PM	#9
youngunz4life Senior Member Join Date: November 15, 2010 Location: United States of America Posts: 1,877	I don't think you should give up hope, and here is my reasoning: The goal is to get at least one of your handguns to your apartment which is in NY. Yes you live off-campus, and you are also a full-time student. Obviously, carrying off your property is a no-go in a no-go situation. This firearm is for inside the house(apartment). You seem to have some basic knowledge of the residency thing, but it doesn't seem definitive. When I was in college I got sick of the cop saying you need to get a license with your residence on it. I still don't know if the guy was right, but I was not worried about it. I did do it eventually though. You can use your Mama's address but you absolutely can get a NY license with your NY address. Be advised it is Extremely easy to go back to your residence you grew up at down the road. I doubt the Dept of Motor Vehicles would even cancel your NJ license when you turn it over upon getting the NY license(they will physically cut up the license but if they don't go 'thru the process' of cancelling your license w/NJ then it is on them and still technically valid). Basically, I see absolutely no reason why you can't get a NY license and then subsequently do what you need to do to legally bring your firearm to NY(keep it simple with one at least at first). KISS - Keep It Simple Stupid I do not feel this is cutting corners or illegal in any way. Just cuz you're in college doesn't mean you can't be an adult. If it doesn't work legally then just 'chalk it up' and move on by doing the right thing. I really think it is only a big deal if you make it one, but definately respect the process. all the best __________________ "Damn the torpedoes, full speed ahead!" -Admiral Farragut @ Battle of Mobile Bay 05AUG1864

October 19, 2011, 06:17 PM	#10
rwilson452 Senior Member Join Date: June 10, 2004 Location: Tioga co. PA Posts: 2,647	you didn't say where in NY you going to school. If your in NY city and apply for a permit, don't hold your breath waiting. It's going to cost you a bunch of cash also. __________________ USNRET '61-'81

October 19, 2011, 08:21 AM	#4
Ronbert Senior Member Join Date: September 23, 2009 Location: Ft. Collins, CO. Posts: 398	Seems like a really good independent study project for a law student doncha think? I mean, seeing as how it's an issue of law and all.....

October 19, 2011, 12:03 PM	#5
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	It sounds like you would have nearly ideal standing for a lawsuit. You have to choose between 'keeping' in one state or the other.

October 19, 2011, 04:22 PM	#6
Pvolt Junior Member Join Date: October 18, 2011 Posts: 2	Haha, I have enough on my plate at the moment without an independent study project. Besides, on a matter like this and with these potential consequences I would rather be sure about the answer than testing out my sub-par ability to interpret statutes. Thanks for the responses though everyone, I appreciate the info. I really wish there was a way around the residency thing, but from what everyone has said and from what I have researched, there is not. I guess I can always become an NY resident relatively easily then apply for a permit here. I suppose this option makes the most sense since I will probably be in NY for at least 9 months each year oppose to only 3 in NJ. Now, in this situation (as a resident of NY), would there be any way to bring the handguns home to NJ when I went or does NJ require residency as well?

October 19, 2011, 04:39 PM	#7
maestro pistolero Senior Member Join Date: August 16, 2007 Posts: 2,153	Perhaps you could research dual state residency. It seems your time is rather evenly split between the two states.

October 19, 2011, 04:51 PM	#8
RamItOne Senior Member Join Date: May 24, 2011 Posts: 990	Wiki of course is not the authority but... New York State pistol licenses are not issued to out-of-state or part-time residents.[220] New York does not honor licenses or permits from any other states, though some states will recognize New York licenses without a formal agreement.[221] There are no provisions for an out-of-state handgun owner (other than on- or off-duty law enforcement, on-duty military or non-resident business owners with a NYS Pistol License), except for off-duty law enforcement and military personnel.[citation

October 20, 2011, 09:28 PM	#11
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,813	cannot speak to the dual residency idea, nor NJ laws, sorry. I can tell you that in 1975 NY state required 5 sets of fingerprints, 4 photogrpahs and 3 character references for the application, and that after investigation, issuance was entirely at the whim of the local county judge. I know that since then, the state has added a training requirement (you have to take a safety class), but don't know the specific details of duration or what is approved today. Also, the handgun (s) you were applying to own had to be listed, by make, caliber, barrel length, and serial number, and this was put on the back of the permit when issued. AND, those were the only handguns you were legal to posess. Period. That was the law then (when I left the state) and I don't think it has been relaxed any since. Most likely the opposite. You cannot legally posess any handgun inside of the physical borders of New York State, without a permit for that specific pistol. Check the laws, but if you are living in NY 9 months per year, I think you would meet the residency requirements. Utility bills are generally used to prove address. The system makes it difficult for legal handgun ownership. It is time consuming, expensive, and much more restictive than many other states. And the further south of Albany you go, the worse it seems to get. NYC laws are worse, and a NY State permit is not valid in NY City. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.