Monday, November 16, 2009

If a handgun is registered in PA and Used for Self Defense in Your Apartment In NYC what is the Penalty?

If a handgun is registered in PA and used for self defense in your apartment In NYC with a PA permit, but w/o a NYC permit, what is the penalty or case studies? Basically in PA you would not be in the wrong by any means to shoot and kill an intruder and it would be completely legal to defend your property. It would also be 100% legal in NYC if you had the correct documentation. What is the penalty for not having the correct documentation? Please advise. Thanks.|||It is a violation of the Sullivan Law in New York. New York City Law Chap. 1 Public Safety 10-133 You must have a license to possess a firearm in NYC. You must have the license in your possession when transporting that firearm unloaded and in a locked box to a Gun Range, Gunsmith etc within the city. You need a special premises license to have a gun in your place of business.

If you have a gun in NYC, it must be licensed in NYC. They have no reciprocity with Pennsylvania.

The penalty in NYC is a $300 fine or imprisonment for 15 days.|||You could get into a great deal of trouble, perhaps jail? I strongly suggest you stop playing around and take the gun with your PA registration to a local police station and have it registered.|||Call the local precinct, tell them you need to drop the gun off until you get a NYC permit. Make sure you get a name or # to verify if needed.The idea here is to call ahead of time so if you get stopped bringing it to the precinct you won%26#039;t be arrested. Legally, you have 10 days to get the permit from arrival into the city. It%26#039;s not worth being arrested for criminal possession of a weapon self-defense or not. Then call the License Division downtown and see what other steps you need to take to get your permit.|||You are asking for big trouble if you don%26#039;t find out what the law is when you move or live elsewhere. Even if you are traveling with the gun, you need to find out what the laws are in each state so you don%26#039;t get yourself in trouble.

I worked with a Sgt who always did that because each state is different. In Ohio, they had to have their weapon with them 24 hours because they were always on duty (for felonies and some misdemeanors). Other states don%26#039;t allow that.

Call the police department and find out what is required in order to get it registered in NYC. You don%26#039;t want to just %26quot;drop it off%26quot; because you may never see it again. There are procedures for turning property over so don%26#039;t do that unless it is required and if it is, find out exactly where to take it and make sure you get a receipt showing the brand name, serial number and who took the item (clarify name and badge if you can%26#039;t read it and write it on for future reference). Make sure your name and address are on the paperwork, too.

If you have paperwork from PA, take that with you to show you have registered it elsewhere and are the legal owner. Also take your receipt of purchase. Do not turn those papers in with the gun. If they want copies to put with it, they should have a copy machine so wait and get your originals back.

Make sure you get a phone number and find out how long they will hold it (especially if it%26#039;s safekeeping) before they would dispose of it. Where I worked, if people didn%26#039;t claim their property in 90 days, we could dispose of it.

Our requirement for registration was to take the weapon, unloaded and in a box, to the Detective Bureau where they recorded the information and owner%26#039;s name. While there, check to see what the law says about carrying the gun and if you can carry a concealed weapon or not.

Some places issue a permit and allow people to carry a concealed weapon, some issue permits to have a weapon but not carry them concealed so find out where you need to get that paperwork ~ they may issue them at the time while you are there with the weapon.

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