Monday, December 12, 2011

Restrictions for Concealed Carry

Under the Brady Act, you cannot have a gun for personal or business if you:

1. Were convicted of a crime punishable by being in prison for more than one year; 2. Are a fugitive from justice; 3. Are addicted to, or illegally use, any controlled substance; 4. Have been ruled mentally defective by a court, or are committed to a mental institution; 5. Are an illegal alien living in the United States unlawfully; 6. Received a dishonorable discharge from the U.S. Armed Forces; 7. Renounced your U.S. citizenship, if you are a U.S. citizen; 8. Are subject to a court restraining order that involves your 'intimate partner,' your partner's child, or children; or 9. Were convicted of domestic violence in any court of a misdemeanor.

A person cannot carry a weapon in any of the places listed below:

  • any police, sheriff, or highway patrol station
  • any detention facility, prison, or jail; any courthouse
  • any courtroom
  • any polling place
  • any meeting of the governing body of a county, public school district, municipality, or special district
  • any meeting of the Legislature or a committee thereof
  • any school, college, or professional athletic event not related to firearms
  • any school administration building
  • any portion of an establishment licensed to dispense alcoholic beverages for consumption
  • any elementary or secondary school facility
  • any area technical center
  • any college or university facility
  • inside the passenger terminal and sterile area of any airport
  • any place where the carrying of firearms is prohibited by federal law

Thursday, December 8, 2011

Use for Self-Defense

A concealed weapon must be used for the purpose that was stated when a person applied to get the license. A weapon may not be used for anything outside of what was stated and self-defense. A person with a concealed carry permit may use their weapon in self-defense if, and only if, they are in a situation where the use of the weapon is needed. The weapon can only be used if the person is being threatened or being harmed with a greater force than just their hands. The "attacker" must be using some type of weapon than can cause serious injury or death. If the weapon is used in self-defense the person that used the weapon must plead their case and show enough evidence that the use of the weapon was necessary. If the person cannot provide enough hard evidence then they can be tried for a crime and could possibly face jail and will automatically lose their concealed carry license.

Concealed Carry Permit In New York state

A license may be granted to an applicant who is of good moral character, who is over 21 years of age, who has not been convicted of a serious offense. They must state if and when they have ever been treated for mental illness, who is not subject to a protective court order and to whom no good cause exists for the denial of the license. The age requirement shall not apply to persons honorably discharged from the military. An applicant for a license to carry outside their home must be required to show that proper cause exists for the issuance of a carry license, for example, target shooting, hunting, or self-defense. It is unlawful for any person to carry, possess or transport a handgun in or through the state unless he has a valid New York license. It is a crime to possess any rifle, shotgun or handgun in or upon a building or grounds, used for educational purposes, of any school, college or university. It is lawful, however, to possess a rifle, shotgun or handgun in or upon the forestry lands, wherever located, owned and maintained by the State University of New York College of environmental science and forestry, without the written authorization of such educational institution.Open carry of a weapon is prohibited in all public areas.