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Old December 8, 2012, 09:10 AM   #1
l98ster
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Location: Hopewell Junction, NY
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New to CCW! Where CANT I carry (New York)

Hi everyone,

Well, although I have had my permit for a long time, I was just issued a full carry permit in Dutchess County , NY.

I was going to carry out of the house for the first time yesterday. After I had holstered the pistol, I stopped and thought of the legalities.

The errands that I had to run included a stop at the bank, and then the post office. I wasnt sure if I was able to carry in either of these places, so I decided to leave the gun at home.

After thinking about it, I was wondering if there is a list of places that I CANNOT carry in.

I know I cant carry in NYC, government buildings and schools. However, is there any place else I would not be able to carry.

Could I have gone to the bank? What if I ever need to to go a police station? If I ever get pulled over, am I required to tell the police officer that I am carrying a weapon?

You would think when applying for a CCW, there would be some type of written documentation that would provide you with the answers to these questions.

Thanks in advance!!!
-George
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Old December 8, 2012, 09:36 AM   #2
Spats McGee
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Congratulations on the CCW!

First stop: http://www.handgunlaw.us/

Second stop: Wal-Mart for the infamous Wally Walk.

As to where you cannot carry, you have to look at both federal and state law. I won't comment on state law, as I'm not licensed to practice in NY. With respect to federal law, a few come to mind off the top of my head:
1) Federal facilities (post office, VA, federal offices, etc), that you already know about; and
2) Schools.

I know that there are others, but they don't spring to mind immediately.

Click on the link above to see a pdf on your state laws. Handgunlaw.us does a very nice job of collecting all of the relevant statutes (such as where you can't carry & duty to inform) in one spot. Naturally, you should go and double-check those against your state statutes.

Good luck!

Edited to add: When I first started carrying, I thought that there would be a federal prohibition on carrying in banks, but I've never been able to find one.
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Old December 8, 2012, 11:20 AM   #3
Brian Pfleuger
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NY has virtually no restrictions beyond the "standard" government property rules.

No school, colleges, courthouses, post office, etc. There are some restrictions on public campgrounds.


Bank carry is allowed. Church carry is allowed. "No Guns" signs are extremely rare and do not carry force of law.

Police stations are no go.

You do not have a "Duty to Inform" a police officer but many of use think it's wise to do so anyway.
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Last edited by Brian Pfleuger; December 8, 2012 at 11:29 AM.
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Old December 8, 2012, 12:48 PM   #4
JimDandy
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And the best way to inform I've ever heard about is that when the officer asks for your ID, quietly hand him that and your permit at the same time. Don't say gun. A rookie with his training officer on his first traffic stop (something even laymen are told is one of hte most stressful things they do day in and day out) or an hysterical bystander...

It came from Masaad Ayoob in a Youtube video as an advertisement for his books. It's a good watch for how to inform, how to act. Most people involved seem to either(for reasons I don't know, haven't been around long enough to understand it, just to know it happens) worships at his feet or wants to burn him at the stake. But even the people who want to burn him at the stake usually agree his common sense stuff is good to know.
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Old December 8, 2012, 01:26 PM   #5
Don H
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Quote:
Originally Posted by Spats McGee
As to where you cannot carry, you have to look at both federal and state law. I won't comment on state law, as I'm not licensed to practice in NY. With respect to federal law, a few come to mind off the top of my head:

2) Schools.
The response implies (inadvertently, I'm sure) that federal law absolutely prohibits carry in schools. This is incorrect as there is an exception if the state in which the carrier is licensed allows it and the permit process meets certain requirements.
Quote:
18 USC 922(q)
(B) Subparagraph (A) does not apply to the possession of a
firearm -

(ii) if the individual possessing the firearm is licensed to do
so by the State in which the school zone is located or a
political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains
such a license, the law enforcement authorities of the State or
political subdivision verify that the individual is qualified
under law to receive the license;
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Old December 8, 2012, 01:37 PM   #6
Spats McGee
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Quote:
Originally Posted by Don H
Quote:
Originally Posted by Spats McGee
As to where you cannot carry, you have to look at both federal and state law. I won't comment on state law, as I'm not licensed to practice in NY. With respect to federal law, a few come to mind off the top of my head:

2) Schools.
The response implies (inadvertently, I'm sure) that federal law absolutely prohibits carry in schools. This is incorrect as there is an exception if the state in which the carrier is licensed allows it and the permit process meets certain requirements.
Entirely inadvertently, and thank you for the correction.
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Old December 8, 2012, 03:26 PM   #7
Conn. Trooper
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To the OP, Hopewell Junction brings back memories, I started my career many moons ago as a cop in Fishkill.

How hard was it to obtain an unrestricted permit in Dutchess? My buddies that still just over the river in Orange can't get unrestricted easily.
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Old December 9, 2012, 07:16 AM   #8
shortwave
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Quote:
And the best way to inform I've ever heard about is that when the officer asks for your ID, quietly hand him that and your permit at the same time. Don't say gun.
In some 'must inform' states, that may not work. As simply handing the LEO your ccl is not an admission of carrying a ccw at that present time. You must verbally tell the officer if you are carrying.

In Ohio(must inform state), when handing the LEO your drivers lic. along with your ccl. you must inform at that time if you are carrying.

Failing to verbally inform at the onset of the stop may get you a felony.
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Old December 9, 2012, 07:50 AM   #9
mete
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In NY , I see no need to notify the officer that I am carrying .That may actually complicate things .No sense in making a cop nervous.
If he asks then I will say yes and ask him if he'd like to see my permit.
If I am asked to step out of my vehicle I will notify him.
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Old December 12, 2012, 11:52 AM   #10
l98ster
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Conn Trooper:

Dutchess County only issues Full Carry permits. They do not restrict permits at all. The process in which to apply for the permit is still the long, ineffiecient NY way of doing things, but once complete, you will have a full carry permit.

-George
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Old December 12, 2012, 04:07 PM   #11
Conn. Trooper
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Wow, thats good to hear. My friends in Orange get hosed with restrictions. Butch Anderson still the Sheriff up there?
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Old December 12, 2012, 04:53 PM   #12
therealdeal
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deputy in liverpool was nice...did a welfare check on my grandma's younger brother and he was fine...
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