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Thread: Can you keep your NYS Pistol Permit when you moved Out of state?

  1. #1
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    I am moving to NYS (Mid-state) for business and will be there 8 months to a year. I am not sure where exactly so I can't say.

    While I am up there, I will obviously change my drivers license over and such and obtain residency.

    After this time, I would like to purchase a firearm and then apply for a NYS Pistol License. I have read the forum and understand the waiting periods for residency and for the permit and such.

    My question is, if I get a permit, unrestricted or not, and then I move out of state, what happens to my lifetime permit? See I will obviously have my gun transfered to the state I move to after NYS and do all that formalities. But what will happen when I contact the county that issued my permit and request an address change that is out of state? Will I lose my permit?

    I know that only NYS residents can get permits. But if you were a previous resident and had a permit, will they allow you to keep it? Can you continue to carry in NYS with this permit after you moved to another state?

    Thanks!

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    If you inform them, and that's up to you, they will insist that you return the license to them. Of course, once you're no longer in the state, there's not much they can actually do other than bluster.

    Then again, in all the hubbub of moving, you could conveniently forget to tell them.

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    So there is no law that will invalidate my carry license or a fine for not changing my address?

    Its a lifetime permit so I mean someone could have one for 30 years. A lot can happen in 30 years. Including moving out of NYS.

    Thats funny you said I would forget to tell them I moved. But I mean what if I am driving say in Rockland County near NJ and I get stopped. My permit is for Orleans County and its been say 6 years and I now have a drivers license and car registration from PA and I am carrying one firearm on my person.

    I mean obvious its a permit to carry, regardless. But wouldn't the officer get upset that the address on my permit isn't valid and then argue that because of that my permit isn't vald and I need to disarm?

    And what if I buy a new gun after I move and its in PA? How would I register it in that county on my permit if the gun is considered an out of state gun?

    I did find this on the Genesee County website..
    "Your license is only valid in New York State. Therefore, you should voluntarily surrender your license with possible reinstatement if you return to New York. However, if you move out of state without notification, your pistol license will be deemed revoked and original application procedures would apply if you return."

    So my next question is, if its a lifetime license, at what point do they know and they invalidate it? Its that when I get stopped and an LEO notifies them I now am an out od state resident? I don't get it.

    Then I find this on the Orange County Website...
    "REQUIREMENTS: applicant must be 21 years of age, a resident of New York State; or if you are a business owner, your principal place of business must be in New York State to apply for a permit. In either case, you apply to the county in which you live or have your principal place of business."

    I mean I would have to call and confirm but what it is saying on the website is you need a resident of NYS OR you must have a business in NYS. Meaning that if you have a business, most likely in Orange County, you technically do not have to be a resident. Which work would great if I maintained a business in Orange County when I moved out of state. Is this correct? This is obviously if I moved to Orange County and while I was there I got a business license to do something. Not implying I would do anything illegal to obtainth is license. Just saying if those were the circumstances.

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    It may be a lifetime permit, but it becomes void once you are no longer a New York State resident.

    But I mean what if I am driving say in Rockland County near NJ and I get stopped. My permit is for Orleans County and its been say 6 years and I now have a drivers license and car registration from PA and I am carrying one firearm on my person.
    And if your driver's license and car registration are from Pennsylvania, then you're no longer a New York resident and your license no longer exists.

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    Statkowski wrote:
    It may be a lifetime permit, but it becomes void once you are no longer a New York State resident.

    But I mean what if I am driving say in Rockland County near NJ and I get stopped. My permit is for Orleans County and its been say 6 years and I now have a drivers license and car registration from PA and I am carrying one firearm on my person.
    And if your driver's license and car registration are from Pennsylvania, then you're no longer a New York resident and your license no longer exists.
    This is all nonsense. Penal Code 400.00 says that you must notify the issuing authority within 10 days of moving. The law says NOTHING about the license becoming invalid, suspended, or revoked. According to the law, as long as you notify, your license is still good for life (unless you live in a county where it expires).

    As far as adding pistols to the license after you move out. Good luck with that, I don't know if it has been done before or not.

    Regardign residence, it is not defined by having a drivers license. If you have a dwelling in New York, that is a residence. There are plenty of people from out of state that have pistol licenses.

    Remember back when rockland county had all permit holders addresses published in the paper, there were quite a few permit holders who lived in New Hampshire, New Jersey, and Connecticut. I doubt the person from New Hampshire had a business in Rockland county. It was probably a house or condo or something similar.

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    Jared wrote:
    This is all nonsense. Penal Code 400.00 says that you must notify the issuing authority within 10 days of moving. The law says NOTHING about the license becoming invalid, suspended, or revoked. According to the law, as long as you notify, your license is still good for life (unless you live in a county where it expires).

    As far as adding pistols to the license after you move out. Good luck with that, I don't know if it has been done before or not.

    Regardign residence, it is not defined by having a drivers license. If you have a dwelling in New York, that is a residence. There are plenty of people from out of state that have pistol licenses.

    Remember back when rockland county had all permit holders addresses published in the paper, there were quite a few permit holders who lived in New Hampshire, New Jersey, and Connecticut. I doubt the person from New Hampshire had a business in Rockland county. It was probably a house or condo or something similar.
    Now we are more on track with what I was talking about. My only concern is the agency that has the authority over the permit is the local county. If I am pulled over or stopped in the street and an officer asks to see my permit, I can obviously show him my permit and ID. But if he feels something is wrong, he can and most likely contact the agency for permit verification. Though that is normal, he can also tell them I have different residency. The agency may not care or they could suspend my permit until I straighten it out. Thats my concern.

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    Many upstate counties have one 'Pistol Clerk' handling all matters regarding handgun licensing for that county. There is very little provision made to publish comprehensive handbooks on what happens if this or if that, the way downstate jurisdictions do. So, much of the judgementon what to do is left up to the good faith and honesty of the license holder.

    The license you keep in your wallet is a representation of a larger body ofinformation (your pistol licensing file) that indicates you are licensed in the state. Most of the time your pistol license (the one in your wallet) is acceptable primae facia evidence of you being a licensed gun owner, the same way a diploma is evidence that you attended school.

    However,if there is cause to investigate further, such as a mismatched address as you describe above, the police will look to the information contained in your pistol licensing file.

    If, in the file, there is line for: Address_____________, and you don't live thereanymore, a very strong case could be made that by not informing the county pistol clerk of a change of address, that your license is actually invalid, despite what the little card/piece of paper in your wallet says. And New York is one place an otherwise law abiding person DOES NOT want to get caught with an unlicensed gun or even a QUESTIONABLE LICENSE.

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    WheelGun wrote:
    New York is one place an otherwise law abiding person DOES NOT want to get caught with an unlicensed gun or even a QUESTIONABLE LICENSE.
    Thats what I figured. This is WHY I want to do the riht thing the first time. My ignorance of procedure will not be a get out of jail free card. I just want to continue carrying legally in NYS when I leave and I am trying to find a legal way to do so.

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    When I moved to Delaware County, NY (which is a pro-2A sportsman's paradise) I had to reapply for a pistol license, even though I had a downstate license.I remainedlicensed during the reapplication process, but there was no way my old license was simply transferrable county to county.

    Many people in this county are second homeowners, living primarily in NYC or Long Island. When the Delaware County PistolClerk did a final check of my application, they asked me specifically if this is a vacation/summer house (no license!) or my permanent residence (no problem!).

    It was only after responding that: YES, I did live in Delaware County full time (the 110% absolute truth, by the way), and that I had tax documents to that effect if they needed to see them,did the clerk OK my license application.

    It was only by being honest and forthright that I got and kept my license. Anything shady would have been uncovered forthwith.

    Bottom line, there may not be a way around your problem.



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    Quote Originally Posted by Statkowski View Post
    It may be a lifetime permit, but it becomes void once you are no longer a New York State resident.



    And if your driver's license and car registration are from Pennsylvania, then you're no longer a New York resident and your license no longer exists.
    I thought the same way, so when I moved out of NYS I mailed my permit, along with an explanation as to why, to the judge that handles CCW permits in the county I lived in (Oswego). Within a few weeks he had returned my permit to me along with a letter indicating that the NY penal code mentions nothing about changing an address out of state, so my permit would be valid; the only caveat being that I would not be able to add any additional handguns to my NY permit whilst out of state.

    Of course this may may be different from judge to judge...

  11. #11
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    Quote Originally Posted by thejax View Post
    I am moving to NYS (Mid-state) for business and will be there 8 months to a year. I am not sure where exactly so I can't say.

    While I am up there, I will obviously change my drivers license over and such and obtain residency.

    After this time, I would like to purchase a firearm and then apply for a NYS Pistol License. I have read the forum and understand the waiting periods for residency and for the permit and such.

    My question is, if I get a permit, unrestricted or not, and then I move out of state, what happens to my lifetime permit? See I will obviously have my gun transfered to the state I move to after NYS and do all that formalities. But what will happen when I contact the county that issued my permit and request an address change that is out of state? Will I lose my permit?

    I know that only NYS residents can get permits. But if you were a previous resident and had a permit, will they allow you to keep it? Can you continue to carry in NYS with this permit after you moved to another state?

    Thanks!
    You mention mid-state.. what county? Some say it's void once you move ot of state, one example being St. Lawrence county.

  12. #12
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    Quote Originally Posted by thejax View Post
    I am moving to NYS (Mid-state) for business and will be there 8 months to a year. I am not sure where exactly so I can't say.

    While I am up there, I will obviously change my drivers license over and such and obtain residency.

    After this time, I would like to purchase a firearm and then apply for a NYS Pistol License. I have read the forum and understand the waiting periods for residency and for the permit and such.

    My question is, if I get a permit, unrestricted or not, and then I move out of state, what happens to my lifetime permit? See I will obviously have my gun transfered to the state I move to after NYS and do all that formalities. But what will happen when I contact the county that issued my permit and request an address change that is out of state? Will I lose my permit?

    I know that only NYS residents can get permits. But if you were a previous resident and had a permit, will they allow you to keep it? Can you continue to carry in NYS with this permit after you moved to another state?

    Thanks!
    And the answer is: maybe, depends on the judge that issued it, just like it depends on the judge to issue it in the first place.

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