Gun Permit in NYC For FEDS

[WVintern]

A co-worker of mine is working on a transfer back to NYC and purchased a .45 caliber pistol and is wondering what a Federal Law Enforcement Officer needs to do to obtain a Concealed Weapon Permit and does the HR218 bill apply to this situation. Any help from officers in New York would be greatly appreciated.

[Kahuna5150]

Do a search for HR 218 on this board and/or do a google search on it and your friend can get a wealth of information on what it covers. As for your friend being a fed LEO... If your friend is authorized to carry a weapon under his federal LEO status, then as long as he is within that agency policy, being in NYC is no different than anywhere else in the USA. No concealed weapon permit would be required. Under 218 I'm guessing your friend would still need to have a permit to own those weapons within NYC, but again if he is covered under 218 he would not need a concealed weapon permit to carry in NYC.

There are many NYPD officers on this board that can give you the odds of a concealed weapon permit being issued by NYPD for use in NYC. From what I understand (all second hadn information) it is unlikely your friend would be issued a concealed weapon permit. He either doesn't need one by his agency authority, or if his is not allowed to carry off duty, then he won't get one from NYC.

Kahuna

[JimSpoor]

Kahuna has it right as far as I can understand HR 218. As far as NYC permits go, NYC has repeatedly told officers/agents in my office (INS/ICE) that since you can carry with your creds a permit is not deemed necessary and therefore will not be issued. I can't quote statutes but that is the precedent that is in place.

[kennethm3]

Check agency firearms guidelines also, carrying other than an agency issued or approved weapon is a no-no with most federal agencies. Also HR218 has yet to appear in the Federal Register. Until it is "published" it has no effect or weight as law. I am not holding my breath for HR218. There is a lot yet to be worked out, it was a really badly written piece of legislation. Having read it, there are a lot of provisions in it that leave me scratching my head as to how they plan on making them happen. It’ll take years for the States to put their mandates into effect, not to mention the re-writing of policies and regulations that every federal agency will have to do. I have a friend who went back to NYPD a couple of years ago, he had to register all the “toys” he had accumulated, I am sure that will apply to Feds in NY too. There is never any getting around local laws.

[WVintern]

Thanks for the replies guys. I'll pass the info along to him, so he can figure out about the permits.

Thanks again

[rzaruba]

Thanks for the replies guys. I'll pass the info along to him, so he can figure out about the permits.

Thanks again

Most of your information on weapons and licenses is in NYS PL265 and PL400

S 265.20 Exemptions.
a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:
1. Possession of any of the weapons, instruments, appliances or
substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
and 270.05 by the following:
(a) Persons in the military service of the state of New York when duly
authorized by regulations issued by the adjutant general to possess the
same.
(b) Police officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
(c) Peace officers as defined by section 2.10 of the criminal
procedure law.
(d) Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal law,
regulation or order to possess the same.

Your friend will not need anything besides his shield and ID to own, purchase, or carry an agency issued or personally owned firearm PROVIDED that he meets the language in (d). It is possible that your agency may not back him up on this, as some unfortunate BOP officers found out in the late 70's and early 80's (definition of correctional officer/facility, AIR). This is likely if your agency only allows the use of government isused weapons and either prohibits or does not address the issue of POW's. The way the statute is written does leave a lot to the agency's whims.

There is a registry of firearms owned by LEO's in NYS. AFAIR, the registry was maintained (at that time, ca. 1981) by a NYSP Lt. Thomas, who sent a letter to all Federal agencies requesting lists of all weapons owned by their LEO's. Most agencies, if not all, told them to go pound salt.

Once you retire, you have to get a NYS or NYC license, but retired LEO's get statewide permits regardless of issue location. Otherwise, there are limits to permits issued outside (I believe) NYC and Nassau. I'd have to check PL 400 to be sure. This has not been a problem in many years.

When I was still working in the NYC office, I had dealt with a couple of cases where laid off NYC PO's joined the Feds and we had to just provde them with letters to get their handguns out of the property clerk's office. (this dates me....................)

Times change, but I have not heard anythng different from the guys I used to work with who just retired.

I know that we had guys refused permits in NYC because they were not needed (the phrase "we don't care if you carry a bazooka" comes to mind) but I've had friends who were local cops upstate who got licenses pro forma "just because."