NY Resident Move out of State

[David D]

My Son has his permit issued in Greene County and recently moved to Nebraska. The question is, can he keep his permit after notifying SP of a change of address? I had called NYSP and a fellow told me that in lieu of a Appellate Court decision in Dec of 2015, anyone who has their permit and moves out of state must surrender said permit. I had asked him where in the Penal law does it state that, but he just referred me to the Appellate Court decision of 12/15. I looked for days by googling NYS appellate court findings Dec of 15 but couldn't find a thing.

Does anyone have FIRST hand knowledge if this guy is telling the truth? Greene County doesn't have a problem with it, in fact, they sent my son an amendment form for the address change and to co-register my pistols.

 

[Deplorable Me]

Would it have been a better idea to contact a NY 2A wise attorney and not NYSP?

 

[David D]

Would it have been a better idea to contact a NY 2A wise attorney and not NYSP?

I guess you couldn't tell that I wasn't putting much faith in what the NYSP told me. Call me silly, but I thought that someone on here might have first hand knowledge.

 

[Bob]

The NYSP was giving you a line of crap. I went through the NYS Court of Appeals decisions for December 2015, and there is no such case.

The most recent case I know of is Osterweil v. Bartlett. In that case, Osterweil obtained his pistol permit while a NYS resident. He then decided to move his primary residence to Louisiana, but maintain a part-time residence in New York. The judge initially required him to surrender his permit. The end result from the NYS Court of Appeals was that the county was required to allow Osterweil keep his pistol permit.

 

[GUNSICK]

Talk to @Cureforcancer he went through this when he moved to Texas. I'm pretty sure he kept his NY permit.

 

[GOPerfect]

NO WHERE in any of the laws does it state that a permit needs to be surrendered. It is not written any where.

 

[BlackDragon]

I just attended a class where the instructor stated that once you get your NY permit, you can keep it, even if you move out of state.

 

[Cureforcancer]

Talk to @Cureforcancer he went through this when he moved to Texas. I'm pretty sure he kept his NY permit.

OP. A short time after i moved to Tx from Westchester County i asked for an address amendment on my NY PP in order to keep it. About a month later i received a letter stating my PP was to be revoked and to surrender all my pistols to the nearest local Westchester County PD . The letter seemed automated.

I ignored the letter and figured my permit was revoked. Some time later 1 or 1-1/2 months later i received my amended NY permit with my new TX address. Go figure.

 

[masterswimmer]

I guess you couldn't tell that I wasn't putting much faith in what the NYSP told me. Call me silly, but I thought that someone on here might have first hand knowledge.

Just curious, since you're questioning the info given by the NYSP primarily because it didn't jive with your desired outcome, would you have accepted the info if it worked in your favor? Either way the info seemed to be unsubstantiated. Or were you just looking for someone to validate your hopeful end result?

IMO a quick inquiry to the aforementioned 2A friendly attorney would be the course of action to allay any concern.

Just my $.10 minus $.08

 

[Cureforcancer]

OP i am no lawyer and far from it but NY gun laws are the most if not the most confusing set of laws in USA especially after the Safe Act.

Even gun laws in Cali are more "straight forward" than NYs....picture that!!. Take everything with some minor or mayor degree of salt.
Counties vary in NY. GL.

 

[Jmac00]

The NYSP was giving you a line of crap. I went through the NYS Court of Appeals decisions for December 2015, and there is no such case.

The most recent case I know of is Osterweil v. Bartlett. In that case, Osterweil obtained his pistol permit while a NYS resident. He then decided to move his primary residence to Louisiana, but maintain a part-time residence in New York. The judge initially required him to surrender his permit. The end result from the NYS Court of Appeals was that the county was required to allow Osterweil keep his pistol permit.

exactly, if you maintain a property in New Yorkistan, even though your main address is in another state, you can keep your New Yorkistan permit

 

[Acer-m14]

your sons main resident is with you , he just went on vacation to another state FUAC .. put them guns on your permit too

 

[Ben Diss]

He moved out of state. He's no longer a resident. Whether of not he has to surrender his permit, it's no longer valid the moment he establishes primary residency elsewhere.

Why doesn't he want to take his guns with him?

 

[Acer-m14]

why cant he have dual residency ??? ... so all the NY snowbirds heading to FL have to give there permit up ?? ..

 

[Bob]

why cant he have dual residency ??? ... so all the NY snowbirds heading to FL have to give there permit up ?? ..

He can maintain a home (domicile) full-time elsewhere and part-time residency in New York (i.e. vacation home) and still keep his permit.
The Second Circuit Court of Appeals says so. This is, by the way, the same court that upheld the SAFE Act.

 

[Robin]

So if your wealthy enough to maintain two residences you can keep your 'permit'. Oh, okay, I see how it works. Actually FUNY how it works.
Robin

 

[WileyX585]

Talk to @Cureforcancer he went through this when he moved to Texas. I'm pretty sure he kept his NY permit.

I still have mine. Before I moved I went and spoke with the county office, as it is more of a case by case office.

 

[Marine Cpl]

OP i am no lawyer and far from it but NY gun laws are the most if not the most confusing set of laws in USA especially after the Safe Act.

Even gun laws in Cali are more "straight forward" than NYs....picture that!!. Take everything with some minor or mayor degree of salt.
Counties vary in NY. GL.

This is true. California defines everything. They define what is a pistol grip, a fixed magazine, ECT. That is why all compliant products originate from California. NY makes things as vague as possible and it works for them. Nothing to circumvent the law as written comes from here and when it does, it is iffy.

 

[stuck in ny]

So the idea would be to have one newyorkistan registered pistol, even living in a free state, for if you want to go back to ny? Isn't that sort of like the jews getting angry wandering in the desert and wanting to be slaves again?

 

[David D]

First off, I want my son to co-register my guns in case something happens to me. I will be in possession of all the co-registered guns. The issuing county does not have a problem with him moving out of state, in fact, they sent him the amendment forms so he can co-register and change his old addy to his current. The problem I fear is when it is time for him to re-certify with NYSP, his application will be denied. I don't know of many people who have the resources to challenge a denial.

Second, my son does not own property in NY.

3rd, Wiley585, have you re-certified with NYSP since you moved?

Lastly, Masterswimmer, I am just looking for people with FIRST HAND knowledge, that's all. No more no less.

 

[Truebeliever]

He moved out of state. He's no longer a resident. Whether of not he has to surrender his permit, it's no longer valid the moment he establishes primary residency elsewhere.

Why doesn't he want to take his guns with him?

Not necessarily true. There is dual residency. Nothing says primary in the law.

 

[Cooolone]

He moved out of state. He's no longer a resident. Whether of not he has to surrender his permit, it's no longer valid the moment he establishes primary residency elsewhere.

Why doesn't he want to take his guns with him?

Dunning Kruger much?

You leave out how residency is established! Be careful when making statements you cannot back up!

 

[minderasr]

Call me silly

Okay, silly!

 

[Ben Diss]

Not necessarily true. There is dual residency. Nothing says primary in the law.

The OP said "My Son has his permit issued in Greene County and recently moved to Nebraska." He said his son moved to Nebraska. He didn't say his son bought a second home in Nebraska and he didn't say his son is maintaining a home in New York. He moved. He's now out of sate. Anything else here is wishful thinking. Be happy for his son. He escaped.

 

[Robin]

I heard Nebraska has a mountain ten feet high and when you climb to the top you can see for miles, provided the corn has been harvested.
Robin