Expert: Robert P. Firriolo - 4/9/2009

Question
Monroe county, New York.  As I understand it, the court has the right to say whether or not "personal protection" is "proper cause" to carry concealed.  I'm just looking for confirmation of that.  I plan to apply for carry concealed for "personal protection", "shooting sports" and "hunting".  I have no criminal record.  Also, you recently answered a question in which you stated there are no restrictions on black powder "long arms" in Nassau County.  I want to order a an inline muzzle loading rifle online, just curious if it is legal to have that shipped to me here in Monroe County.  As I understand it, there is no problem with it, though I'd like to be safe rather than sorry.  Thanks for your time.

Answer
In answer to your first question, you are correct in your understanding. Courts interpreting Penal Law Article 400 have vested very broad discretion in the issuing agent in each New York county (i.e., a judge, the NYC, Nassau and Suffolk Police Commissioners, and the Suffolk Sheriff in the eastern towns) to determine what is "proper cause" for a carry license. In some counties, simply stating "personal protection" on the application is sufficient; in others (notably downstate, such as NYC, Westchester, Rockland, Nassau and western Suffolk), it is insufficient.

As to your second question, New York State does not regulate the possession of muzzleloading long arms except to the extent that they are used as weapons of violence (in other words, possessing one to commit a crime). There are no federal or state restrictions of which I am aware bearing upon shipment of a traditional* muzzleloading rifle to an upstate New York County.

* [A small number of modern, in-line muzzleloading rifles are considered to be modern firearms by BATFE and may only be shipped interstate to a federally licensed firearm dealer. All federal restrictions involving possession of firearms apply to such rifles.]