First off, I more or less agree with rugerp95's sentiments...all of the NYC firearms processes (pistol licensing, rifle & shotgun licensing, registration, purchase authorizations, inspections, the NYC AWB, you name it) are designed to discourage firearms ownership as strongly as possible. But I'm still here...for now.... Thanks for helping to fight the good fight by wading through the morass that is lawful NYC firearms ownership.
Now, on to the original questions. First, let's get a few things out on the table. 18 USC §926A, commonly known as the Firearms Owners Protection Act or FOPA, does provide a safe harbor for interstate transfer (NOT concealed carry) of handguns as you describe, galupo. However
, it's not at all that straightforward for NYC premises
handgun licensees. (I'm being presumptuous, but I'm assuming you don't have a NYC business carry or limited business carry license.) In a nutshell, the NYPD License Division holds, and the NYS Apellate Division has concurred, that FOPA is "inapplicable" for NYC premises licensees (see Beach v. Kelly
, decided in June 2008 here http://www.nycourts.gov/reporter/3ds...2008_05814.htm
The "logic" they use is as follows:
Under the restrictions inherent to their licenses, NYC premises licensees may not take their licensed handguns outside of NYS without specific written permission from the Lic. Div. So, whether FOPA would or wouldn't "protect" an otherwise compliant trip between NYC and Florida (or any other "free state" destination) is irrelevant -- without the express written permission of the Lic. Div., the licensee would be violating the restrictions on his or her license, which license would therefore be subject to suspension or revocation if and when the Lic. Div. discovered it.
The Appellate Division court held (incorrectly, I believe) that premises licenses do not allow the licensee to "lawfully possess and carry" his or her handgun(s) at the origin of the FOPA journey, as is required by the FOPA language. They interpreted the phrase "lawfully possess and carry" in FOPA as something akin to having 'full CCW rights throughout the [locality | state]' on each end of the FOPA journey. Using that "logic", the court held that FOPA isn't a valid safe harbor for interstate trips by NYC premises licensees transporting their handguns. (Yes, the court ignored the fact that premises licensees can "lawfully possess and carry" their handguns within their premises, which is the origin of any FOPA trip...they clearly were trying to achieve a predetermined result here.)
So, how does
one get written permission from the NYPD License Division to take one's handgun(s) outside of NYS? I haven't tried it yet myself, but I'm pretty sure the answer lies in the Rules of the City of New York (RCNY), which can be found online here http://220.127.116.11/nyc/rcny/entered.htm
. Specifically, the provisions for receiving authorization from the NYPD to transport or deliver weapons into or within the City of New York can be found in Chapter 16 of Title 38 of the RCNY. Although the rules appear to be targeted towards persons & businesses "shipping" firearms to/from NYC, they do seem to apply to licensees transporting their firearms.
I won't repeat all of the rules here, but will give a few highlights:
- the term "weapon" includes a "firearm," "rifle," "shotgun," or "machine-gun," as those terms are defined in §265.00 of the New York State Penal Law and shall also include anything that is defined as an "assault weapon" in §10-301 of the New York City Administrative Code
- there is a carveout from the rules for a "transitory shipment". HOWEVER, the carveout is limited as follows:
§16-01 Definitions. .... Transitory Shipment. For purposes of this chapter, the term "transitory shipment" shall mean a shipment which begins outside of the City of New York, and moves continuously and without interruption through the City of New York to a final destination outside of the City of New York. A shipment which is within the City of New York and involves any off-loading of the weapons from one means of transportation, followed by subsequent on-loading of the weapons to another means of transportation, shall not be considered a transitory shipment.
This would appear to be the source of the reported cases of non-NYC residents being arrested and having their guns seized at NYC airports when driving in and walking up to the airport counter, thinking they were protected by FOPA.
- the permission procedure mandates that the request must be received at least 10 calendar days prior to the transportation within the City of New York
On the second question, "Why does it take 10-12 weeks to process a purchase order?", I think the answer is "because they can". There's nothing I've found in the rules or statutes that requires them to act "promptly" or within any specific time frame. NYPD License Division personnel claim that they "re-do your background check" for each new purchase authorization, but who really knows. Also, I know of at least one person who is going on 3 or 4 months now, waiting for a purchase authorization to come through.
On the third question regarding C&R licenses, I have nothing to offer.
General comment: I'd be cautious about raising your profile with the License Division by asking pointed questions in a letter. This is the classic example of an effectively unaccountable bureaucracy gone wild, with the added benefit that, for all intents and purposes, they are actively looking to find reasons to revoke the very licenses they've issued. Call me paranoid, but I do my best to stay off their radar.
And, last but not least, a suggestion/question: a group of us have a dedicated NYC Licensing FAQ on another forum (think of another prominent small arms manufacturer from a German-speaking country), complete with lively discussion of all of these types of topics. You probably want to find and read the NYC Licensing FAQ forum thread on that website, as it might prove helpful/informative. I'm a noob here on GT, but I assume the policy here is not to provide direct links to other discussion forums, but if that's not the case, I'll be happy to pass the info along in another post.