To posses a handgun (revolver or otherwise) in New York State, you are required to have a pistol permit. Possess includes shooting, or even holding, not just owning. There are several steps that must be completed in order for a permit to be issued. These are the flaming hoops requirements that Erie County and the State of New York presently impose on Pistol Permit applicants.
- In order to apply for a pistol permit in Erie County, you must be 21 years of age and be a resident of Erie County. You are not required to buy or own a gun at the time of application. (but you will be required to purchase or co-register one later in the process)
- Applicants must have instruction in the safe handling of firearms from a certified instructor, and proof of such training must be submitted with the application. The NRA ‘Basic Pistol’ Course fills this requirement.
- If you have been arrested, or charged with any offense except minor traffic infractions (speeding or stop signs), you must complete a certificate of disposition with your application. Certificates of disposition can be obtained from the Court where your case was heard. They consider your failure to disclose any criminal charge, (even if dismissed and sealed), sufficient cause to deny your application.
- Obtain an Erie County application packet. This will contain your bifold application, as well as two cardstock New York State application/fingerprint cards. Many of the NRA Instructors Provide this packet, as well as assistance in completing it with their ‘Basic Pistol’ course. You can also obtain it by mail by sending a self addressed, stamped envelope to: Erie County Clerk’s Office
Pistol Permit Department
92 Franklin Street
Buffalo, NY 14202 - Fill in your application packet (With Black Ink Only) leaving the signature sections blank (it needs to be signed in the presence of a notary) The spaces labeled ‘License Number’, ‘County Issue’, ‘Code’, ‘Date of Issue’, ‘Expiration Date’, and ‘NYSID Number’ are to be left blank.
- Obtain 4 Character references. (it would be in your best interest to choose character references who are reachable by telephone during normal business hours (9-5).
Erie County states that they preferably live in your city, town, or village. Some police departments however, change this should, to a must. Such Departments include: Cheektowaga, and Tonawanda.
- Have your 4 character references fill out all of their information on both of the card stock application sheets.
- Have 4 Passport Size photos taken, Print your name on the backside of each of the four photos. (These are for your background check, the pistol permit clerks will take another (digital) picture at the end that will appear on your license)
- Have your application Notarized. This can be done at just about any bank, and several of the ladies at the pistol permit office are also notaries, but the lines are shorter at the bank.
- Obtain a US Postal Service Money Order, for the Amount of: $105.25 This fee is for processing fingerprint inquiries.
- You now must appear in person at the Erie County Pistol Permit Office. You will submit your completed, notarized application, your money order, passport photos, and proof of marksmanship training. They will stamp the two cardstock applications, give them back to you(with two additional fingerprint cards) and instruct you to contact your local police department for fingerprinting.
- If you live in the City of Buffalo, or of you live in a town or village without a police department, You need to be fingerprinted at the Erie County Sheriff’s ID Department: 134 West Eagle Street, Buffalo NY . Their Hours are Monday – Thursday 8:15-11:45AM and 1:00-3:00PM
If you live in any other town, call your local police department, and request an appointment to be fingerprinted for a pistol permit.
Agencies do charge a fee for fingerprinting, and the cost varies by agency. Some agencies will return the fingerprint cards to the pistol permit department, some agencies require that you take it back.
- Wait while your fingerprints are sent to the FBI.
- After your fingerprints are returned from the FBI, your paperwork is sent back to the local police department. They perform a background check and your references are contacted.
- Once the investigation is completed your application is sent to your county’s Pistol License office and then forwarded to the Judge for review and decision.
- The paperwork will be again returned to the Pistol License office and they will send you a letter informing you of the outcome.
- Once receiving this letter, you now have 60 days to purchase (or coregister) a handgun, and have your license validated. If you fail to meet this deadline, they consider your application ‘withdrawn’.
If purchasing a Handgun, You will select a handgun, pay for it, obtain the receipt from the dealer or private owner you are purchasing from, but you can not take the firearm home with you, you must leave it with the seller.
If co-registering a handgun, you must have the owner of the pistol make a photocopy of his pistol permit, and write you a letter giving you permission to co-register specific firearms. The initial validation costs $20.00, and includes co-registration of up to 5 handguns. Each additional firearm costs 3$ (there are different fees involved once you already have a license for adding and deleting pistols, and they are charged differently) - If approved, you will have to go to the Pistol Permit Office to have your license validated. Bring the letter you received, the purchase receipt or co-register letters, and the $20.00 fee.
- You will now give the clerks an electronic image of your thumb-print, and they will take a digitized photo of you, both of which will be printed on your license.
- The Actual license will be mailed to you.
- Once your license comes in the mail, the firearms registered, or co-registered to you will be listed on the reverse side of your license. Take your new license back to the shop, or seller that you purchased the hangun from, and now that the pistol appears on your license, you may finally take possession of it.
- You are now a legal handgun owner in New York State.
In the comments, I’d be interested in hearing details about when you applied for your pistol permit, and how long it took. (Information about what Police department was responsible for processing your paperwork would also be useful to those looking to obtain permits)
I filed for my pistol permit and the process took 14.5 months from start to finish. There were no delays or problems processing the application but the Buffalo Police Department (I am a city resident) seemed to drag their feet while conducting phone interviews. I was told that there was one officer (detective) assigned to the task and she was on leave of absence for medical reasons while my application sat on a desk for 4 months waiting for her return. The process isn’t that difficult but it certainly takes too long for law abiding people to get approved. How can states like Florida and others with “shall issue” rules and applying objective criteria get it done within 90 days?
I was issued a permit for “Target/Hunting”. How do I get my permit upgraded to “unrestricted”? It is nice to lawfully own a pistol but for protection purposes it doesn’t do much good if it is locked in a pistol vault on my nightstand when I am away from the house. Any suggestions or advice on this? Thank you.
~ARS
I just passed the 7 month mark. None of my references have been contacted yet.
submitted my permit on may 5, 2010. my references were contacted and they sent out their letters. still no word. the only reason i know as much as i do is because my refs told me what happened. its a good thing the right to bear arms shall not be infringed, huh?
sorry. correction on my permit submission date. it was 5/5/09.
i cant believe erie county, i have a friend who applied for his in Niagara county and had his license in less than 6 months. I dont understand what takes so long in erie county. I see people in other states that have theirs in a month. and they make it hard to get unrestricted. but as far as i know that once you get the license that is a permit to carry just restricted to hunting and target. ive had many friends in law enforcement tell me that if you are hunting or target and have the gun in your vehicle you should conceal it and never leave it there in case the vehicle gets stolen.
The delay is a function of (1) volume of applications, (2) number of investigators, and (3) number of staff in the Permit Office. Also, each municipality conducts its own investigation which means some Towns/Villages/Cities in Erie County process background checks faster than others. The number of applications more than doubled from 2007 to 2009, which has burdened the system.
The advice you received concerning leaving guns in vehicles is generally correct. However, if you have a restricted permit, you should be transporting your handguns in a locked strongbox with the ammunition transported separately. Under no circumstances are you to leave your gun unattended or with a person who does not have a permit. Also, you are expected to respect the restrictions of your license, if any. This means: if you have a restricted permit, you should not be casually carrying your pistol into a store or restaurant. Pistol permits have been suspended and revoked in the past on account of this.
-Peter Vasilion, Esq.
The Judges in Erie County generally will not consider an upgrade application unless you have established a suitable track record of “good behavior”. If you initially requested an unrestricted license and the license was issued with restrictions, most Judges will make you wait eight years before they accept the upgrade application. However, each person’s circumstances are different and the advise on how best to approach an upgrade will vary.
-Peter Vasilion, Esq.
I submitted my application to Erie county in April, 2009. In January of 2010 my references were contacted. One reference played phone tag with the detective and consequently never got a return call. It is now April 13. I contacted the Pistol Department to find out the status of my application. I was rudely spoken to, being told that city of buffalo police still have it and that they will send it back when they call the references. I said that has already happened. She said “well I dont know what to tell you, you’ll just have to wait” I eventually got a number to contact the “investigation unit” and got an answering machine.
BY THE WAY!!! I was told by an employee at the Pistol Permit Department in Feb of 2009 that you should apply for the permit that you want (concealed, business protection etc) up front because the judge does not want to re-review permit upgrades in 6 months. They will make you wait!!! I just hope it wasn’t bad advice because I applied for concealed!! Support the NRA<, it's our only hope of keeping our right to bear arms!!
Could anyone tell me if Buffalo requires you refs. to be residents? Most of my friends and coworkers have moved out of the city. Thanks
If you don’t have city residents as references, you should at least have local (Erie County) residents as references.
Thanks Peter
3 days short of 11 months and my approval letter has arrived!
Somehow (and I have no clue how) I got my letter in less then 3 months. I don’t understand why they told me after purchasing that it will take 4-6 weeks for my permit to be mailed to me. Don’t you get a new one printed out right there if you already have one and are just registering a new pistol?
I submitted my application for Erie county during the first week of August, 2009. I live in the city of Buffalo, and BPD contacted my references June 23 of 2010. I am still waiting to hear back.
Harry, 3 of my 4 references were outside the city (Tonawanda, Lancaster and West Seneca)