Expert: Dean Speir - 9/13/2008

Question
Hi Dean,

I have a question that I am hoping you can aide me with.  I currently live in
Erie County in NY. I have been a registered Handgun owner for 5 years now.
What I would like to do, is apply for an "upgrade" to a Carry without
restriction, permit.  All the paperwork I have seen, implies you need a
REASON to have it, whether it be job related etc. Non of those reasons apply
to me. I am a hunter. I feel that I have earned the privilege to carry concealed,
by being a law-abiding citizen, from the inception of my permit. (before that
too ). I don't want to seem like I want it, simply because I want it, and I need
to convey that to the judge. Would you please suggest a way to handle that
question for me? Thanks for your time.

Answer
Hi, Stephen;

Tricky question.

Preamble: I am not an attorney, and nothing I express here should be relied upon as legal advice.

As a fellow NYS Handgun licensee, my view is that is that there are only two (2) types of handgun licenses in New York State, and both are specified within §400 of the CPL.

One has the "P" prefix, and that is a "Premises License," and means that the handgun is licensed to you for a specific premises.

The other has a "C" prefix, and is a "Carry License," and is valid anywhere in New York State except New York City unless one has an NYC "endorsement."

So if you already have a License with a "C" prefix, then you have your NYS Carry License according to the Law, and cannot be prosecuted for "illegal weapons possession." (Thank you, John Chambers! See: http://www.thegunzone.com/rkba/nys_case-law.html)

Get caught carrying outside of the conditions of your License, while you can't be prosecuted on that basis, you will certainly be subject to an Administrative Hearing and likely have your "Carry License" suspended or revoked.

The rub is that the Courts have ruled that Licensing Authorities may impose "reasonable restrictions" on licenses they issue, and if you have a Judge who doesn't feel that the background check performed preparatory to issuing you a license certifies you to be enough of "a person of good character" for "unrestricted carry," you likely have limitations on your license.

If that judge remains obdurate on the matter, then you need to vote the Judge out of office at the first opportunity.

G'luck to you.