Expert: Robert P. Firriolo - 4/17/2009

Question
Robert,

You may not recall, but you were very helpful last December with my question regarding a NYC pistol permit.  In seemingly record time (less than three months from start to finish) is recieved my NYC Residence/Target permit with hunting exemption.

I run a NYC based small business.  We handle all sorts of payment but not the required $5k cash per week to qualify for a carry permit.   My question is regarding the Restricted Business Carry Permit.  I know this allows a certain number of hours per week to carry while travelling between office and bank.  First, what is the logic behind this?  Isn't this exactly the opposite logic of safe business practices - i.e. now bank runs become predictable?   Second, in your answer to me in December regarding target shooting upstate, would a Restricted Business Carry Permit allow me to do so?  How does NYS regard the restricted carry permit, especially regarding the set times & specific locations?

The first question can probably be considered rhetorical!

Thanks again,   Seth

Answer
You bet that first question is rhetorical. Logic is not a prerequisite for gun regulations, especially where New York City is concerned. Just consider the fundamental fact that the City will give people who carry large amounts of cash a license, but not the cab driver or bodega owner who does not. But protection of property is not a justification for the use of deadly physical force, and the amount of money stolen is not a relevant factor. Is a cabby killed for $50 any less dead than the business owner killed for $5000?

According to NYPD, with a Limited Business Carry License, "one may only carry handguns indicated on the license in accordance with the specific limitations listed thereon. At all other times the handgun shall be safeguarded at the specific address indicated on the license and secured unloaded in a locked container." I do not know their current position on carrying or transporting handguns to ranges, but under state law such a license is a carry license and any violation of the time and place restrictions are administrative violations, not criminal offenses. That is, somebody found in violation of the restrictions on his or her carry license can have the license suspended or revoked, but not properly charged with a criminal offense. (There are several court cases that have held this, and NYPD abolished the Target carry license because of those cases.) Law enforcement agencies outside New York City are not even required to recognize those restrictions and it is questionable whether they could enforce them.

An applicant for a Limited Business Carry could list target practice as an additional reason for the license and hope to get a "to and from range" stamp on the license. It would be highly illogical (I know, I know)--even reckless--for NYPD to issue a license to carry but tell the licensee that he cannot also practice with the gun at a range. They could, however, restrict possession when going to and from the range to keeping the gun unloaded and in a locked container, which is what they did with the old Target carry license.