Nassau breaking state law

[Full metal Jacket]

The current wait time for a restricted ccw in Nassau county is in excess of a year. I find this unacceptable!!

[carolinafan]

I'm sure if you tell them how upset you are, they'll be glad to speed up the process for you...the laws may suck, but you gotta do what you gotta do where you live.

[jg1967]

What is their reasoning for why it takes so long?

[Full metal Jacket]

What is their reasoning for why it takes so long?

They don't care or give a reason. State law is approve or deny in 6 months. NY is a may issue state, so everyone's to scared to make a stink outa fear of denial! Ny=anti 2A
Btw we still have the assault weapons ban here too... I need to relocate badly

[White Doberman]

Hire a self-defense lawyer. They will fix the issue or get you a simple answer.

[Peconic_Paladin]

Call your County Legislator and politely let them know of your issue. They might be able to get moving on it or help you get a reason as to why.

[JimPage]

I don't know about Nassau County, but I do know that in Oneida County the budget is tight and they can't afford to hire another clerk in the pistol office to handle the workload. Friend works there and estimates it will be about 10 months to get things done.

[nogods]

The state and counties generally take the position that the 6-month rule doesn't start until the application is presented to the issuing officer (a county judge or supreme court judge in most counties.)

Thus, they claim that the investigatory process is not covered by the 6-month rule. However, if the investigatory process is done by the same agency that makes the ultimate decision, then i think you might have a case for challenging a failure to issue within 6 months of the application.

The problem is that such a case would require commencement of an Article 78 proceeding against the issuing officer, and that would be not only expensive but time consuming.

Is your county's pistol permit office under the jurisdiction of the county clerk? If so, that's the person to address your complaints to.

[BC1]

It's certainly not right for them to take this long. My wife filed her app on June 2, 2000 and had the unrestricted CCW in the first week of August 2000. I think it was something like 72 days. Since then the waits are geting longer.

[www315]

The state and counties generally take the position that the 6-month rule doesn't start until the application is presented to the issuing officer (a county judge or supreme court judge in most counties.)

That may be what the counties claim, but I think that could be argued by the portion of the penal code below that I have underlined. My interpretation of it is when it is presented to the pistol permit office it is accepted for processing by the licensing officer even though you may not be handing it to the judge directly.

NYS Penal Code 400.00

4-a. Processing of license applications. Applications for licenses
shall be accepted for processing by the licensing officer at the time of
presentment. Except upon written notice to the applicant specifically
stating the reasons for any delay, in each case the licensing officer
shall act upon any application for a license pursuant to this section
within six months of the date of presentment of such an application to
the appropriate authority. Such delay may only be for good cause and
with respect to the applicant. In acting upon an application, the
licensing officer shall either deny the application for reasons
specifically and concisely stated in writing or grant the application
and issue the license applied for.

The problem is that such a case would require commencement of an Article 78 proceeding against the issuing officer, and that would be not only expensive but time consuming.

Very true and probably not too many people have the time and resources to persue this.