Fact check the shills
The Brady Campaign to Prevent Gun Ownership says:
New York Concealed Carry Permit-Holder In Custody After “Bizarre” Workplace Shooting
Nowhere in the article does it say he is a Carry Permit-Holder. He has a pistol permit, which is required to own a pistol there. After all, it’s NY which requires permits for those and requires police approval for a concealed carry permit. These two positions are supported by the Brady Bunch, yet didn’t stop the shooting.
Update: Not so cut and dry. See comments from Jacob. I’m still leaning toward it not being a concealed carry permit.
August 27th, 2008 at 8:54 am
New York only has one type of permit. A pistol permit is a permit to carry unless “otherwise restricted”. Each issuing judge is literally able to apply any restrictions that he or she wants. Depending on the judge, a permit may be “unrestricted” or have a restriction like “to and from range only”.
August 27th, 2008 at 9:12 am
NY has two types of licenses, premises and carry. You need one of these simply to possess and handgun and the application procedure is the same for both of them. Premises licenses are largely confined to NYC which refuses to issue carry for any reason unless you give big bucks to the political machine and it lets you keep a handgun either in the home or place of business only. You can’t even legally take the guns to a range with a premises license.
Pretty much everywhere outside NYC, people don’t bother with premises licenses and apply for carry. The local licensing agent has the discretion to place restrictions such as “for hunting & target shooting only” on a carry license. Niagara Co. is one of the areas where this frequently happens. Such restrictions are not legally enforceable if ignored, but can result in the license being revoked upon the whims of the licensing agent. In all likelihood, that’s what this guy had.
The part about it being concealed carry is misleading as there is no open carry anywhere in NY. Carry must be concealed at all times.
August 27th, 2008 at 9:12 am
I’m still leaning toward not a license to carry based on the article.
August 27th, 2008 at 10:33 am
You’re misinterpreting what a NY license to carry is. It’s not like ones from other states. While it is still “may issue”, outside NYC pretty much anyone without a criminal record can get one by simply going through the application process. Premises licenses are “shall issue”, but outside NYC almost nobody bothers with them. I am 99.999% confidant the guy in question had a carry license.
The problem lies in the licensing agent’s arbitrary authority to place restrictions on a carry license which most do including the Niagara Co. judges responsible for issuing licenses. When you hear someone from NY complaining about pistol licenses, this is what they’re upset about, not that they couldn’t get a carry license.
Such restrictions are not provided in state law, but came about by judicial fiat about 12 years ago as a result of a bad court case. Because of this, if you have a carry license with some restriction on it such as “for hunting & target shooting only” and you ignore them and carry for personal protection, you cannot be charged with a crime. This is why NYC is loathe to issue them. The only thing that can happen is the licensing agent may revoke the license. Because you cannot possess a handgun anywhere without a license, you would either have to transfer the guns to someone else, ship them out of state, or give them up.
August 27th, 2008 at 10:33 am
Yep, Jacob is right. Permits issued anywhere else in the state are explicitly not valid in NYC…and NYC does also have a premises permit.
August 27th, 2008 at 12:57 pm
Licenses issued outside NYC are not valid in NYC unless validated by the NYPD and they generally only do that for the wealthy and politically connected.
NYS has premises licenses. They are not confined just to NYC but almost nobody outside NYC bothers with them.