Carry Permit Limitations

January 11, 2016

Firearms are not allowed inside the courthouses and US attorney offices even for peace officers and federal officers. Counties and cities may restrict the possession of firearms on their governmental buildings.

§265.01a. Criminal possession of a weapon on school grounds.
No person is allowed to carry a rifle, shotgun or any firearm in school vehicles, school grounds, college, university and the facilities used by such for educational purposes, except for forestry lands. Violation of this section is a class E felony.

§400.00. All carry permits shall be recognized within the state, except if they are not honored in New York City unless a special permit is obtained from the police commissioner of the city.

§ 265.03. Criminal Possession of a Weapon in The Second Degree.
Criminal possession of a weapon in the second degree occurs for the following:
a. Possession of a machine gun, loaded firearm or disguised gun with the intention to use it unlawfully against a person.
b. Possession of five or more weapons
c. Possession of loaded firearms, except when in an individual’s own home or place of business.
Violation of this section is a class C felony.
Title 14. Department of Mental Hygiene
No person is allowed to carry a firearm in any facility operated or licensed by the New York Department of Mental Hygiene.

Note: United States Court of Appeals’ rule is that the Section 926A of Title 18 of the United States Code only covers those individuals traveling in a vehicle and does not include those who are transporting their unloaded firearms secured in locked containers through airport terminals by an aircraft. See the ruling of the court here.

Transporting Firearms Through New York
Individuals who are planning to travel to New York with their firearms are recommended to bring a copy of the Title 18, Part 1, Chapter 44, 926A of the United States code during the travel. Not all law enforcement officers are aware of this law. Secure the firearms in locked containers and separated the ammunition in another box. Ammunition should not be inserted in the magazines. The state of New York allows transporting within the state if the state where the individual started and the state of destination legally allows him to possess such, provided that he will not spend the night in New York or he will be charged with violation of the law and can be arrested. Stopping for food and gas may be okay.

United States Code Title 18 – Part I – Chapter 44
§ 926A. Interstate Transportation of Firearms
No person shall be prohibited by this chapter from transporting a firearm in a vehicle from a state where he is legally permitted to carry the firearm to a state where he is also legally allowed to carry. The firearm should be kept unloaded and both the firearm and the ammunition are not accessible for the passengers. It should be kept in a separate compartment or in a locked container if there is no compartment.