New To AZ, With Quick CCW question.

[jrmullen93]

Hey All, Just joined the Open Carry forum after being a "Guest" reader for quite some time. Recently moved to this state from the unconstitutional, unsafe, and very much dysfunctional state of NY. Feels great to be out of there, and away from their "SAFE-Act."

With that said, I wanted to pick some Arizonians heads for a second.

Approximately a week after becoming a legal resident of AZ, I received a court order to mail in my NY Pistol Permit as it is no longer valid for not maintaining NY residency. I complied with the request (also asked the court for a receipt, which I received). My question is, on the AZ CCW application there is a question asking if I have ever had a CCW Licence/Permit revoked in any other state? How would you reply?

Thanks

 

[Rusty Young Man]

SNIP...Approximately a week after becoming a legal resident of AZ, I received a court order to mail in my NY Pistol Permit as it is no longer valid for not maintaining NY residency. I complied with the request (also asked the court for a receipt, which I received). My question is, on the AZ CCW application there is a question asking if I have ever had a CCW Licence/Permit revoked in any other state? How would you reply?

Thanks

Welcome to OCDO and greetings from (usually) sunny, dry Tucson jrmullen93!

As to your question: don't confuse "invalidated" (think of it as "expired") with "revoked"; it was not so much taken away from you as much as it no longer applies to you.
So no, you haven't had your permit "revoked".

Beyond that, you do know you're not required to have a permit here in AZ*, correct? Just making sure you know your options.

*Some arguments can be made for it or against it.

 

[jrmullen93]

Thanks guys for the feedback, filling out the form accordingly.

you do know you're not required to have a permit here in AZ*, correct? Just making sure you know your options.

I'm aware of this, but I'd like to have it just for reciprocity

 

[azcdlfred]

Adding to the other posts. Your NY pistol permit is only a permission slip to OWN a pistol if I understand correctly? It's not a permit to carry a firearm on your person. Am I correct?

Fred

 

[jrmullen93]

Adding to the other posts. Your NY pistol permit is only a permission slip to OWN a pistol if I understand correctly? It's not a permit to carry a firearm on your person. Am I correct?

Fred

Kinda. NY is weird in the sense that you need a pistol permit to Own a pistol, carry a pistol AND to buy a pistol. (Note that I'm using pistol and handgun interchangeably)

In order to get a permit you must have already purchased a gun (the FFL must hold it for you until the permit is approved). Entire process can take anywhere from 2 months to 2 years depending on the county. Any gun printed on your NY pistol permit can be carried concealed only. Whats weird about this is that some counties ONLY issue to LEO, and some other counties issue non LEO civilians a special permit stating that any listed pistol can only be transported to and from a range only.

 

[azcdlfred]

Kinda. NY is weird in the sense that you need a pistol permit to Own a pistol, carry a pistol AND to buy a pistol. In order to get a permit you must have already purchased a gun (the FFL must hold it for you until the permit is approved). Entire process can take anywhere from 2 months to 2 years depending on the county. Any gun printed on your NY pistol permit can be carried concealed only. Whats weird about this is that some counties ONLY issue to LEO, and some other counties issue non LEO civilians a special permit stating that any listed pistol can only be transported to and from a range only.

Sounds like it's not really a permit to carry a concealed weapon/handgun/permit as Arizona law would view it.

It's not like you could take your handgun and permit and carry in NYC without worrying you will be arrested?

One way to put it to the test is to call Arizona DPS and ask them is your NY permit qualifies under Arizona law for recognition (Arizona recognizes all CCW permits from all jurisdictions). Odds are they will be stumped with that question.

When we (AzCDL) drafted the proposed bill that became the current CCW law we were thinking in terms of CCW permits. Even though we have 3 Board members who are from NYC we didn't think in terms of the NY pistol permit.

Fred

 

[jrmullen93]

It's not like you could take your handgun and permit and carry in NYC without worrying you will be arrested?

That is 100% true. NYC is pretty much a state in and of it's self, and even some LEO agencies are restricted!

One way to put it to the test is to call Arizona DPS and ask them is your NY permit qualifies under Arizona law for recognition.

Good idea, I'll post the outcome

 

[jrmullen93]

I made the phone call and I got a half ***ed answer "Arizona recognizes any valid permit to carry issued in the Unites States and it's underlying territories." The key is permit to carry. If a NY resident has a Pistol Permit labeled as Sportsman ( basically if your not a cop) then I wouldn't see it valid in AZ as it's not a permit to carry concealed.

 

[asubae]

I made the phone call and I got a half ***ed answer "Arizona recognizes any valid permit to carry issued in the Unites States and it's underlying territories." The key is permit to carry. If a NY resident has a Pistol Permit labeled as Sportsman ( basically if your not a cop) then I wouldn't see it valid in AZ as it's not a permit to carry concealed.

To reiterate the "half ***ed" answer you received from DPS, from the DPS website:

Concealed Weapons Permits (Issued by other states outside of Arizona)
Arizona recognizes all other states valid permits providing the following conditions are met:
Arizona and any political subdivisions of Arizona shall recognize a concealed weapon, firearm or handgun permit or license that is issued by another state or a political subdivision of another state if both:
The permit or license is recognized as valid in the issuing state
The permit or license holder is all of the following:
Legally present in this state
Not legally prohibited from possessing a firearm in this state​

As a now-legal resident of Arizona, your NY permit is no longer valid here if the state it in which it was issued has rendered it invalid (which is your claim.)

However, you mention that you were requested to surrender it due to your change in permanent residency. The only true question lies in how the word "revoked" is interpreted. Some may say NY revoked it. I'd say NY just asked you surrender it through court order because you're not a resident, and you were just following the law; "revoke" has negative kind of connotation to it.

Either way, *I'd* put yes. And if they ever asked why, I'd show them the court order mandating you mail it back to NY due to your change in residency. It's totally understandable and perhaps they'd value your honesty. Also, a little explanation attached/filled out in the appropriate area wouldn't hurt.

I'd also agree with your "sportsman license" interpretation. That does not sound like a permit to carry concealed to me. Good thing though, as a legal AZ resident now, you can apply for one here and if you are 21+ you may legally conceal carry in the borders of this state without a permit so long as you are within the confines of AZ state law.

Welcome to the wild wild best!