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Discussion in 'GSSF' started by 9lives3gone, Mar 20, 2010.
I don't know the answer to your question. The easy answer would be to live in Georgia permanently & never move back to NY. That way you wouldn't have to put up with those stupid laws.
If I remember my Civics class lessons, where federal and state laws conflict, the more severe shall prevail.
Ask Bill Cosby
I did not see this anywhere in the NY statutes. I know permits cannot be issued to part time residents, but you already have yours. Unless you live in a county that has renewal provisions, your NY permit is good forever. You do have an obligation to report any change of residence but if you still live in the same county where the permit was issued, why would you be obligated to let them know you spend part of the year in Ga. I assume you want to keep your permit for the time you are in NY. Residence is usually evidenced by the intent of the person claiming the residence by such factors as where the person votes, where the person's drivers license is issued, the address the person uses for Fed income tax filing, where the person spends the most amount of time. The more ties to one state the more likely it would be determined that the person was a resident of that state. If you moved to Ga. to avoid the onerous taxes in NY, I am sure that NY would not look kindly on obtaining the privilege without paying the price. But again, I saw no provision in the law that invalidated your permit merely because you are now only a part time resident.
Locked up for being a smart ***.
What driver's license does the person have?
If the actual part time resident applies(see above), New York law would triumph because ATF doesn't restrict stricter laws. Even when they do restrict it, if the local law exists, you'll have to fight it out in court. See handgun bans as an example.
Well first,NY is a "don't tell" state.
No need to let them know your packing unless
Now if by chance they did ask,you told them your
packing,and then hand over a GA drivers lic., I don't think
it would go over to well.
I'd put my 2 cents that you would be sitting in the back seat for a few minutes,then the station.
At that point they will most likely contact the issuing judge.
With a NY drivers lic.,don't worry about it.
Again,my 2 cents.
That's what I did!
i listed several factors that courts use to determine the issue of residency one of which is where the person has his driver's license. I just noticed that his car has GA tags so that would be evidence that he considers himself a GA resident and not a NY resident.
What you say is correct, NY can have a stricter requirement in interpreting its own law. But I still cannot find that where a a person still having a home in NY cannot keep his or her pistol permit even thought part or most of the rest of the year they live somewhere else as long as he or she apprises NY of any change of county within NY. Like I said a permit will not be issued to a part time resident, but if see no forfeiture provision and mostNY permits are good for life.
Why not look into a Utah permit to which a large number of states recognize through reciprocity. That may allow transport a NY pistol that is on your permit through states on your way to GA where I assume you do not need a permit. You could then take it back with you in the summer as I assume you are smart enough to live in GA in the Winter and in NY in the summer.
As an aside, assuming that you NY permit is still valid. What prevents you from purchasing a new gun in GA and adding to your NY permit through the mail. In my county you can amend through the mail by filing the correct documents with the county clerk. I would check it out with the county clerk and get the exact instructions. An alternative would be to have the gun shipped to an FFL in NY until it could be added to the permit. Needless to say, I would not chat with the county clerk about the wonderful winter you spent in GA.