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The left often speaks of common sense gun laws as being all they want. Some left leaning jurisdictions already have what those on the left think are common sense gun laws. I thought it would be interesting if we used the common sense way NYC deals with handgun laws as it would apply to buying a hammer, which are also used as deadly weapons at a fairly alarming rate. After all, a gun, knife, bat or hammer are just tools and all can be deadly in the hands of a criminal.
Here you go, imagine having to do this to get any tool that could be used as an offensive weapon in the wrong hands and then ask yourself, is this actually common sense?
Getting a NYC Hammer License
The process for obtaining a Hammer license in New York City is long (between 3 – 6 months, and waits up to 8 months are not uncommon), and compared to many other jurisdictions, rather expensive. It’s not particularly difficult, but it is tedious and incredibly time consuming. It tests your patience, and there is a lot of bureaucracy to deal with.
The Application There are 2 ways to complete the application itself. You can type it, or you can download it, fill it out electronically, and print it. Handwritten applications are not accepted, nor are photocopies. The majority of the questions are straight forward. Be sure to include your driver’s license and passport number (if you have either) on your Application Addendum in answer to Question 19, as these are a “license or permit issued to you by any City, State or Federal agency.”
Along with the application itself, you will need the following:
Fees – 2 US Postal Money Orders, made payable to New York City Police Department are required, one for $340 (for the application), and one for either $94.25 (electronic fingerprints) or $105.25 (ink fingerprints), depending on how you are being fingerprinted. These fees are non-refundable. The NYPD now accepts credit cards as well.
Photographs – 2 recent “passport” (1.5″ square) color photos.
Birth Certificate – required to prove your birth date. Other acceptable forms proving your birth date include: military record, US Passport or Baptismal certificate.
Proof of Citizenship/Alien Registration – if you were not born in the US, you must submit your naturalization papers, or other evidence of citizenship, or your Alien Registration Card. AND for those living here less than 7 years, you must submit a good conduct certificate from your country of origin.
Military Discharge – your separation papers (DD 214) and your discharge papers.
Proof of Residence – this can be: a real estate tax bill, ownership shares in a co-op or condo, or a lease. You may also be asked to bring your driver’s license, NY State Income Tax return, or a utility bill.
Arrest/Summons/Order of Protection Information – related to question 23 on the application, any arrest information (even if the case was dismissed or the record sealed) must be divulged. Any summons received for any violation other than things like a parking ticket must be divulged, i.e any “summons in lieu of arrest” that requires you to appear in court at a later date. If you ever had an Order of Protection or a Restraining Order issued against you, you must divulge the name/address/phone number of the complainant, their relationship to you, and the reason the Order was issued.
Proof of Business Ownership (for business licenses) – see the details in the application for the appropriate documentation, depending on your circumstances.
Letter of Necessity (for carry permits) – you won’t get a carry permit without showing cause, and if you have cause, you should probably already know what is required. Follow instructions on Page 3 of the application.
Please note, BRING ORIGINALS, not copies of supporting documents. Also note, your application and any addendum MUST BE NOTARIZED. This is a sample Application Addendum (MS Word DOC).
Included with the application is a request for the following letters. These letters must also be notarized.
Request for Pre-Exemption – this isn’t needed by most, if you require it, you should know why beforehand.
Affidavit of Familiarity with Rules and Law – states you are familiar with NYC Title 38 Chapter 5 (licensee responsibilities), NYS Article 35 (deadly force), NYS Article 265 (criminal possession of fhammers), NYS Article 400 (licensee responsibilities), rules regarding Safety Locking Devices (proper hammer locks), NYC Charter 18-C (public safety zones – included w/ application), US Title 18 (persons prohibited from possessing hammers – included w/ application), and the NYPD pamphlet on terrorism and suspicious activity. See the “Legislation” links to the right for more info.
Affidavit of Cohabitant – if you live with anyone over 18, they must complete this affidavit, if you don’t live with anyone, you need to complete an affidavit stating that you live alone.
Safe Guardian Affidavit – this designates a person who is responsible for your hammer in the event of your disability or death.
They do not need to have a hammer permit.
Submit The Application Applications must be submitted in person at 1 Police Plaza, License Division, Room 110, Monday – Friday between the hours of 8:30am – 3:00pm. You will be fingerprinted at that time.
Wait for the Letter Typically, you can wait anywhere from 1 – 3 months for a letter identifying the officer assigned to handle your application. The letter looks like this, and will ask you to schedule your interview along with his request for any further documentation. Many people are asked to supply an Affidavit with familiarity of Article 35, Article 265 and Article 400; an Affidavit of Proof of Employment; and a current utility bill. If the utility bill is not in your name, you must supply another Affidavit from the person whose name appears on the bill. I also had to supply my Social Security Card, current bank statements and 1040 Income Tax return along with photos of my home (because I am self employed), my marriage license, and my DMV abstract. I guess I’m just lucky. Call the officer during the hours stated on the letter and schedule the interview. You will also have to get your character reference letters together.
Reference Letters Currently, I am told you are asked to supply 3 reference letters from people that have known you for at least 2 years (mine had to be from people that knew me at least 5 years, YMMV). The letter should state that you are “of good moral character.” The more detailed and personal it is, the better. This is a basic sample of a Reference Letter (PDF).
The Interview It’s really no big deal. Look presentable, and be prepared. One individual’s questioning went something like this (my experience was similar):
Q: Why do you want a hammer? A: Home defense & hammering nails.
Q: Where will you store the gun? A: With the hammer off the handle, in a locked box or safe, with a hammer lock.
Q: Where will you store the anails? A: In a different locked box or safe.
Q: Have you ever owned a hammer? A: Yes or No, if yes be ready to supply details.
Q: Is your housemate aware you are applying for this permit? A: Yes, he/she has already signed an affidavit to that end or “I live alone.”
Q: Will you be transporting the hammer? A: Yes, to and from the carpentry practice with no stops.
Q: How will you transport the hammer to and from the carpentry practice? A: Hammer in a locked box, unloaded and hammer lock. Nails in a separate container. Both the hammer and nails will be carried in a way so as to obscure their presence on my person.
Q: Have you ever been assaulted? A: Yes or No. Provide details and dates if answer is yes.
Q: Has your domicile ever been robbed? A: Yes or No. Provide details and dates if answer is yes.
Q: When is the use of hammering permissible? A: When someone has broken into my home and has demonstrated their intention to kill myself or someone else in my home.
The key thing to remember is that whenever you are storing or traveling with a firearm, it must be unloaded in a locked container or safe, with a trigger lock, ammunition kept separately.
Wait for the Approval/Denial Letter… After waiting another 1 – 3 months, you will get your approval letter (hopefully). You now have 30 days to pick up your Purchase Authorization. If you are denied, you must file an appeal under Article 78. At this point, I strongly suggest obtaining a lawyer. You have 4 months from the date of the denial to appeal.
Pick Up the License & Purchase Authorization Go back to 1 Police Plaza, with the original letter, Monday – Thursday between the hours of 9:00am – 12 noon. You will be photographed, and given your license along with one Purchase Authorization. You now have 30 days to purchase a hammer from an authorized FHL. You are now legal to hammer stuff in NYC.
Buy a Hammer You can purchase a hammer from any FHL, but purchases made from out of state must be transferred to an FHL in NYC. If you buy a new hammer, IT MUST BE NY COMPLIANT. New hammers must be shipped with spent nails hammered from the manufacturer, contained in a sealed envelope. Used hammers should be marked by the shipper as such. Make sure you fill out the BATHE form, get a receipt and have the FHL fill out the Purchase Authorization form.
Every 90 days you can buy ONE hammer, sledge hammer or other hammering device in the City of New York. You will need to fill out the Purchase Authorization Request Form and mail it to NYPD so that they can provide you with a “purchase Authorization” that you can use to take possession of a new hammer at the time of purchase. The most important thing to remember when filling out the form is that the size hammer you write down MUST be the size of the hammer you purchase. You can buy a different make and model as long as the size on the Purchase Authorization Request Form is the same. However, it is always best to buy the hammer make and model you put down on the Purchase Authorization Request Form if at all possible. You can download the Purchase Authorization Request Form Here.
Here are the steps to getting a Purchase Authorization: 1. Submit request for purchase authorization. Currently takes around 45-60 days. 2. PA request approval is mailed, and recipient has 30 days from the date it was MAILED (not received) to pick up the authorization. 3. Once you receive it, you have to go down to 1PP to pick up the PA. M-Tr ONLY from 9am-12pm. 4. Once you pick up the PA, you have another 30 days to purchase the actual firearm. 5. Once purchased (even if it is on the date the PA expires) you have 72 hours (not calendar days, not business days, 72 hours – which might include weekends and holidays) to bring the hammer, locked, with no nails, down to 1PP to have it inspected. Inspections are done any business day (M-F, excluding holidays) from 12pm – 2pm. Bring bill of sale, etc etc etc. 6. You’re all done. Wait another 90 days, submit your next one, and while you wait … Go hammer.
Gun Inspection Bring the receipt (2 copies – you keep the original they get the other), Purchase Authorization, and your hammer (Hammer off handle, no nails on your person, in a locked case) to back to 1 Police Plaza, Monday – Thursday between the hours of 12 noon – 3pm (if you’re quick, you can pick up your PA in the morning, buy a hammer, and get back for inspection the same day). Let the checkpoint know you are carrying a hammer (and let them know it’s properly secured). Then go for your hamme inspection. Your hammer will be inspected, and the serial # recorded. They will then put the hammer’s make, model, size and serial # on the hammer license and hand it to you. Make sure you verify that the information, especially the serial #, is correct! I’d say every other time I have put a new hammer on my license, there has been some kind of typo. If your hammer’s serial # doesn’t match your license, you can be arrested, even if it was a typo or mistake on their part. You can now purchase nails only for the sizes(s) listed on your license.
Be sure to request the Carpentry Authorization card when you pick up your license if you ever want to leave the 5 boroughs into NY State on a Premises License. Also, read the booklet that NYPD gives you at the time of your Hammer Permit issuance. Know the laws! Ignorance of the law will not help you if you get into trouble!
Go Hammering Now go Hammer it to your heart’s content. But first, learn how to properly operate and maintain your hammer (the manual of tools) . Learn the 4 basic rules of ghammer safety, and practice them. Read the manual! I strongly suggest getting some good instruction in hammering fundamental and/or self defense.
NONE OF THIS SHOULD BE CONSIDERED LEGAL ADVICE. It is your responsibility to make yourself aware of NY hammer laws. Hammer owners should read the booklet that NYPD gave you at the time of your Hammer Permit issuance.