Expert: Dean Speir - 12/9/2006

Question
Hello Mr. Speir, I have a ccw for hunting fishing and target, but would like to obtain an unrestricted. I live in orange county N.Y.  My only reason is that I love the outdoors for ex. I love to hike, use my medal detector, camp etc... Is this a legitimate reason to ask the judge for an unrestricted ccw license, and also since i already have  a ccw would it be a little bit easier?

Answer
I'm afraid that I'm not qualified to give "legal advice," Sir, but as we are residing in the same state, I will make a few comments based on my own research into §400 of NYS Penal Code.

New York State does not have an actual "CCW." It has two types of handgun licenses (not, not "permits," but licenses!), a "P" (Premises) License and a "C" (Carry) License, and while the issuing authorities in local jurisdictions may impose additional "reasonable restrictions" on a "C" License… this has been determined by case law… as far as the State Law is concerned, you have a right to carry pretty much anywhere in NYS except NYC, and as a matter of other case law, cannot be convicted of a crime for doing so.

This does not mean that you will not be subject to an administrative hearing for having a handgun with you while out on a camping trip, and risk suspension or revocation of your License… you just won't be charged with a crime.

Upon information and belief, the issuing authority in Orange County is a judge, so if you have access to that judge, you might inquire as to his feelings on the matter. It's pretty much a political process at that point, and he may counter-inquire as to your need to be armed while hiking, medal-detecting or camping, and the quality of your brief could be the determining factor in his decision to re-issue you a "clean License."

G'luck to you, and stay safe….