Gun law question- non-NJ

[siderman 1,138]

I know someone down here in FL, a bona fide resident with a cc permit and former NY state resident. He has several handguns that were legally registered with NY for cc. He thinks that he can still carry those guns in NY because they are still " marriied" to his former address which is still his parents house, not his, was just where he lived. I told him I dont think thats possible anymore and he's  in for shitstorm of trouble if he's caught. Anyone familiar with NY carry laws with insight?

[45Doll 5,877]

What does his (one and only) driver's license say is his address?

[siderman 1,138]

2 minutes ago, 45Doll said:

What does his (one and only) driver's license say is his address?

Florida. 

[45Doll 5,877]

Then I would forget it. If he's stopped in NY with a CC that has a NY address, but his DL is Florida, any average NY police officer would immediately conclude something was wrong.

The NY house is in his parents name. I assume then his residence in FL is in his name. That means he's domiciled in FL. And I don't think NY state would issue a CC to a person domiciled in FL who 'lives' at his parents house from time to time. If true, than his NY CC would be considered invalid.

We are domiciled in NJ in the home we own. I We also own a house in PA. So we are true dual-state residents. And my sheriff in PA agrees to issue PA LTCFs to us as residents of PA.

Your friend, I suspect, would not under any circumstance be considered legal for a NY state resident CC.

[GRIZ 3,369]

He doesn't have a NY carry permit.

IF he truly is a dual state resident, spends part of the year at his parents, has his own bedroom and keeps stuff there, I THINK, he would be okay taking the guns with him.  He would be subject to any NYS laws concerning transportation.

NO WAY HE COULD CONCEAL CARRY IN NY WITHOUT A NY PERMIT.

[EdF 323]

I would explain to him that laws don't mean what you think they mean just because you think it.  Laws mean what they ACTUALLY mean.

[siderman 1,138]

Thank guys, pretty much everything I told him. The meat of his argument is based on " some clerk" in upstate NY said as long as he has a valid mailing address he is gtg. But of course his trips on Cristmas to his parents isn't a valid address. I think deep down he knows and for now doesn't want to admit he's  wrong.

[brucin 923]

He would need to have a valid NY State Permit with his parents address on it. He must rent a room in the parents house and receive mail there to prove he has a domicile in the state. It will also help for him to get a NY State Non Drivers ID with the address of the room he rents from his parents. I have a NY carry permit and a NY Non Drivers ID and a NJ Drivers License.

The superior court judge who issued my permit recommended getting the non drivers ID card to prove that I am a part time resident of NY.

If his NY permit has never been surrendered this will be easy but if he gave up his NY permit when he moved to FL then he will need to apply again with his parents address as his NY domicile. Depending on the county the parents house is in he may get it in a month to 10 months.

[45Doll 5,877]

57 minutes ago, brucin said:

He would need to have a valid NY State Permit with his parents address on it. He must rent a room in the parents house and receive mail there to prove he has a domicile residence in the state. It will also help for him to get a NY State Non Drivers ID with the address of the room he rents from his parents. I have a NY carry permit and a NY Non Drivers ID and a NJ Drivers License.

The superior court judge who issued my permit recommended getting the non drivers ID card to prove that I am a part time resident of NY.

If his NY permit has never been surrendered this will be easy but if he gave up his NY permit when he moved to FL then he will need to apply again with his parents address as his NY domicile residence. Depending on the county the parents house is in he may get it in a month to 10 months.

I made this correction because you can have a residence in multiple states, but only one state of domicile.

I'm assuming since he moved to Florida, he wants Florida to be his state of domicile, especially for tax purposes.

[brucin 923]

49 minutes ago, 45Doll said:

I made this correction because you can have a residence in multiple states, but only one state of domicile.

I'm assuming since he moved to Florida, he wants Florida to be his state of domicile, especially for tax purposes.

His tax status has nothing to do with his NY residence. As long as he has a residence in NY he can get a NY pistol permit which is a carry permit depending on the county that issues it. I file my taxes as a NJ resident. 

I can and do purchase all my handguns in NY to avoid the NJ permit BS. I can do that because according to the ATF I'm a resident of NY and NJ. Your friend with dual residencies could also purchase handguns in NY but why bother because things are cheaper in FL. He will have to add any handgun purchased in FL to his NY permit. In Fulton county they charge $8 I believe and he will be subject to the stupid 10 round limit on magazines.

His best option is to register a few handguns on his NY permit and just bring those to NY.

[45Doll 5,877]

55 minutes ago, brucin said:

His tax status has nothing to do with his NY residence.

No, it doesn't, and he wouldn't want it to.

I was simply pointing out the distinction between one's state of domicile vs. having residences in multiple states. That is completely irrelevant to firearm purchase and permits. But it has huge implications with tax status. Just ask Donald Trump about that.

Your scenario with NY and NJ is pretty much the same as mine with PA and NJ.

[brucin 923]

15 minutes ago, 45Doll said:

No, it doesn't, and he wouldn't want it to.

I was simply pointing out the distinction between one's state of domicile vs. having residences in multiple states. That is completely irrelevant to firearm purchase and permits. But it has huge implications with tax status. Just ask Donald Trump about that.

Your scenario with NY and NJ is pretty much the same as mine with PA and NJ.

Yes they are, and the original posters friend could enjoy some of the same benefits as we do provided he has, or goes through the process to acquire, a NY permit.

[GRIZ 3,369]

You really don't need to rent anything.

Many here have adult children living at their house.  Most don't pay rent but they maintain a residence there.

[brucin 923]

11 minutes ago, GRIZ said:

You really don't need to rent anything.

Many here have adult children living at their house.  Most don't pay rent but they maintain a residence there.

This is true. You just need to have an address and a place to receive mail at. I had to get a PO box in NY because the Post Office doesn't deliver to my street address.. Sheriff's office wouldn't send correspondence to my NJ address. The good thing is the PO Box is free because the Post Office doesn't deliver to my physical address.

[siderman 1,138]

Hmm, maybe he does have a hand to play here? He does have a current NY ccl, and his parents house could/ is a mailing address. But he's  been domiciled in FL over 2 1/2 yrs and AFAIK doesn't get mail in NY except for dated junk maybe. A few trips on holidays to his parents just seems sketchy as a residence. But what do I know aboutNY laws, am trying to learn FL laws and forget NJ ones lol. BTW guys thank for all the great input.