1997-F4
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Cite as N.Y. Op. Att'y Gen. No. 1997-F4
PENAL LAW, ART 265, §§ 265.20(a)(1)(d), (11), (13) and (13a),
400.00; OFFICIAL CODE OF GEORGIA ANNOTATED § 16-11-126(e).
With limited exceptions, New York law does not recognize or
give effect to licenses to carry firearms issued by the State of
Georgia or any other state.
March 13, 1997
Honorable Michael J. Bowers
Formal Opinion
Attorney General of Georgia
No. 97-F4
Att.: Carol Callaway
Senior Assistant Attorney General
40 Capitol Square SW
Atlanta, Georgia 30334-1300
Dear Attorney General Bowers:
You have asked whether the laws of New York recognize and
give effect to a permit to carry a handgun issued by the State of
Georgia. You note that 1996 amendments to the Official Code of
Georgia Annotated (§ 16-11-126[e]) provide that if the laws of
another state give effect to handgun permits issued by the State
of Georgia, Georgia will honor handgun permits issued by that
state under the same terms and conditions as if the permits were
issued to Georgia residents by the State of Georgia.
New York Penal Law § 400.00 governs the issuance of licenses
to carry, possess, repair and dispose of firearms. It contains
no general provision recognizing or giving effect to permits
issued by other states to their residents. We are not aware of
any reciprocal agreements with other states concerning firearms.
L. Thomas and J. Chamberlain, Gun Control in New York, 2d ed,
Gunlock Press at p 197.
There are limited statutory authorizations for residents of
other jurisdictions to carry firearms in New York. Penal Law
Article 265 defines the offenses for unlawful possession of
weapons. Section 265.20(a) provides exemptions from criminal
liability in specific, defined circumstances. Among these are
possession of a pistol or revolver by a police officer or sworn
peace officer of another state while conducting official business
in New York. Penal Law § 265.20(a)(11). Limited statutory
exemptions also are provided for nonresidents who are licensed to
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carry firearms in accord with the laws of their states of
residence who attend certain competitive shooting matches or gun
shows in New York. Id. § 265.20(a)(13), (13a).
In a prior opinion, we concluded that United States Postal
Police Officers who are issued Federal firearms permits that
authorize them to carry firearms while on duty are within the
exemption provided in section 265.20(a)(1)(d), which covers
persons in the service of the United States pursuing official
duties or those authorized by Federal law to carry firearms. We
noted, however, that this exemption, as applied to the postal
police officers, is strictly limited by their Federal firearms
permits to on-duty activities and concluded that a postal police
officer who wished to carry a firearm while off-duty in New York
would have to comply with New York's licensing statute. Op Atty
Gen No. 94-F3.
We conclude, with limited exceptions, that New York law does
not recognize or give effect to licenses to carry firearms issued
by the State of Georgia or any other state.
Very truly yours,
DENNIS C. VACCO
Attorney General