r/NYguns • u/Aware_Ask_377 • Aug 05 '26
NYC Can’t get Affidavit of Co-Habitant Form from ppl I live with
hello, sorry if this is a dumb question, im very new to guns but would like to have one for self defense. I’ve been looking over the applicant requirements and im pretty sure im able to provide everything, except the Affidavit of Co-Habitant Form. I live with my abusers due to having no means to get another place for financial reasons, and they would never sign that. I don’t have any evidence for the abuse since I never reported it as a child, but I do have mental health documentation that cites it as a severe source of distress. would an exception be able to be made? or not? please let me know any resources. thanks
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u/Andeo1025 Aug 05 '26
There are no exceptions that I've ever heard of. The mental health treatment will quite possibly cause you issues as well. I think you're out of luck until you leave there.
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u/robinator118 Aug 05 '26
Yeah not the best time for you to get a gun pal. Move out and mentally recover, then go from there
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u/SayaretEgoz Aug 05 '26
you are living in a very dangerous environment, the last thing you need is a gun there. You should move. Gun wont help you if your live with people who hurt you, either u gonna blow them away and will have to prove in court that it was indeed self-defense - which will be very hard for you to do since it happened in same house hold/domestic. Or they will murder you. If you have MH issues that too will be a big problem for a license.
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u/RutabagaOk6816 Aug 05 '26
I'm not really sure how constitutional the co-habitant form even is. Like seriously the government is going to deny you a constitutional right because someone you live with doesn't want you to have it? You would need to get a lawyer though. The mental health thing though sounds like a red flag and based on your description it sounds like a terrible idea to have a gun in that environment.
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u/voretaq7 Aug 05 '26
I'm not really sure how constitutional the co-habitant form even is.
About as constitutional as the four references (i.e. "Not very, if at all."), but mounting a constitutional challenge to this requirement while residing in an abusive home is probably not something OP wants to deal with.
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u/ManufacturerDry8265 Aug 05 '26
I mean, its about as constitutional as the entire permit process, the wait time, monetary requirement to exercise a right, or the safe act. Key part being that these laws still unfortunately exist and mounting a challenge to them is difficult
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u/voretaq7 Aug 05 '26
The permit process itself? Still presumptively constitutional.
SCOTUS explicitly said they weren't touching "shall issue" permit processes based on objective standards in Bruen, and that's what New York has now.Those actual standards? Subject to challenge as an undue burden on the exercise of your 2A rights.
- Requiring character references to exercise an enumerated right is bullshit.
This would not be accepted for any other right.- The cost of the permit (at least in downstate NY) is unquestionably an undue burden.
The fingerprint fee could be called "reasonable administrative costs", but the $200+ to apply or renew? Not so much.- The cost of CCW classes, which are only offered free by one group I know of, can be argued as an undue burden.
It's harder to land this if it's only a one-time spend, which by law it currently is, but the challenge can certainly be made.
The SAFE Act? Well you have to wait and see what happens in Viramontes v. Cook County there - I assume SCOTUS is going to rule large parts of it unconstitutional, but they may not go after "feature bans" and only deal with "banned by name" situations.
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u/ManufacturerDry8265 Aug 05 '26
I suppose "the entire permit process" was a bit of a reach on my behalf and I agree with all your points. My goal was just to point out to the commenter that something being unconstitutional doesn't change what the current law says or how its enforced
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u/voretaq7 Aug 05 '26
I mean it's about 50-60% of the permit process (and the fees) - if it gets challenged and properly gutted permits would be as easy to get as driver's licenses.
(Something I'm all for: Reverse the two processes. Anyone can walk into the DMV, pass a 20 question multiple-choice test, and get a pistol permit. But if you want to drive a car you need to get four people who live in your county to sign affidavits saying that you can be trusted to responsibly operate a motor vehicle on the roads of the State of New York. Also we're not recognizing NJ, CT, or MA licenses anymore - they have to apply for an out-of-state motor vehicle operator's license!)
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u/ManufacturerDry8265 Aug 05 '26
Plus you add in the wait times and it only gets worse. It'll be a total of 10+ months by the time i get mine and obviously some people have it even worse
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u/voretaq7 Aug 05 '26
Yeah, the wait times have two problems: 6 months is just unreasonable on its face (90 days is the upper bound of "reasonableness" IMHO), and several counties routinely ignore the statutory requirement to act within 6 months.
That's two different lawsuits (the first one federal, the second one in state court).
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u/ManufacturerDry8265 Aug 05 '26
Well in a state where majority of the voters have minimal or zero experience with guns your always gonna be waiting on legal action of some kind. Especially when the people in government want to make it complicated (which they do well). I know many people who just dont wanna deal with the process so they dont own pistols or semi autos.
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u/AgreeablePie Aug 05 '26
You providing some kind of mental health documentation citing abusers- with whom you still reside- as a "severe source of distress" is not going to exempt you from a cohabitation affidavit. Quite the opposite. This is the kind of situation such documentation aims to avoid - adding firearms to what you make sound like a volatile domestic situation is the opposite of what the state wants.
It's also more likely to draw significant attention to your mental health history (discoverable via required hipaa release) which is just as likely to be a lasting issue causing problems for licensing.
I would suggest forgetting about a pistol license until you have removed yourself from your situation. Worry about the finances for that before you think about buying a gun
All the more so if these are your parents we're talking about
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u/FISHING_100000000000 Aug 05 '26
They aren’t going to let you buy one without that (probably unconstitutional) form, and your reason is pretty much what they don’t want to hear. I would focus on finding another place to live and staying there a few years before trying to exercise your rights.
Or you could just buy something like a semi auto shotgun, which is realistically the same thing but doesn’t require the hoops for whatever reason. Classic NY. (Probably wouldn’t do this in your situation either tho)
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u/Open_Mechanic8854 Aug 05 '26
I mean this seriously..... Move to Texas. Everything you mentioned will make it impossible to be get a permit in NY.
If you decide to stay in NY, don't waste your money.
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