We want to change the law from the reasons/statement below to add Self-Prtotection being a proper reason and the standard for Onondaga County and New York State. The law currently reads as follows and needs to be modified adding self-defense as a legal reason to carry concealed.
Rev 04-01-13 “Proper Cause” for a “Carry Concealed” Pistol License The New York State Legislature restricts the types of pistol licenses that the court may issue to NYS Pistol License Holders. Under NYS Penal Law Section 400.00 (1): 1. Possession in a dwelling by a householder 2. Possession in a place of business by a merchant or storekeeper 3. have and carry concealed while employed as a messenger of a banking institution 4. have and carry concealed by an employee while on duty in a correctional facility 5. have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof. If your application seeks what is popularly known as a “have and carry concealed” without limitation pistol license, the New York State Legislature authorizes the court to approve it only where it meets the “proper cause” standard. Appellate court decisions binding upon the pistol licensing officer define “proper cause” for the issuance of a “have and carry concealed” without limitation pistol license as grounds which demonstrate “a special need for self-protection distinguishable from that of the general community or a person engaged in the same profession. (Matter of Kaplan vs. Branton, 249 AD2d199 (1st Dept. 1998). Pistol license applications should be aware that if you apply for a pistol license for a particular purpose, then it will be limited to that purpose. Also, if you desire a licensed for self-protection you would be advised to apply for an on-premise license. This is not a carry license and restricts the possession of the handgun to the dwelling or place of business listed in the application. No application will be issued an unrestricted carry permit unless he/she is able to demonstrate a special need for the issuance thereof. Self-protection is not a sufficient need for the issuance of a carry concealed license. A statement of grounds which meet the test of “proper cause”, i.e. “a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession”, is necessary in order for the licensing officer to apply the law as enacted by the Legislature and interpreted by the higher Courts. As there is limited space available on the application form for a statement of “proper cause”, an “Optional Statement” form has been provided with this information sheet should you wish to supplement your application beyond the form.