Denied concealed carry pistol permit in NYS
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Thread: Denied concealed carry pistol permit in NYS

  1. Denied concealed carry pistol permit in NYS

    I live in upstate NY and applied for my pistol permit. On the application I didn't put that I had ever been arrested. Judge denied my application because in 2000 my mother called the cops lied to them I was asked to go down to the trooper Barracks for finder prints. I went down a couple hours later they took my pic and finger prints was never read my rights or given a ticket or even questioned. Was just told a date and time to go to court. I went to court talked to the judge and was told the entire thing was being thrown out and it would be like it never happened so I had completely forgotten about it. The charge that the judge listed wasn't even what I thought the whole thing was for and I have no paperwork to go on because nothing was ever given to me.
    So I called the pistol clerk told her what happen she told me to write the judge so I did. He responded saying he can't change his decision. My question is can I reapply and put this arrest down? Is there a certain amount of time I have to wait etc.?

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  3. #2
    Probably most members here are going to tell you (rightly, IMHO) to contact a lawyer.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  4. Just an update. I contacted the pistol clerk again and she said I can reapply but get this I have to be finger printed all over again and pay the fee again that it's not the county but NYS won't accept using the finger prints from the first application. Another bs charge by the state. You would think you paid for it once they have them they don't change they should be able to use them again.


    Sent from my iPhone using USA Carry

  5. #4
    Go for it then.

  6. #5
    That's what happens when you turn a right into a privilege you must obtain government permission for. Just the way HKS likes it.

  7. #6
    Quote Originally Posted by NavyLCDR View Post
    That's what happens when you turn a right into a privilege you must obtain government permission for. Just the way HKS likes it.
    Just the way Mosad Ayoob likes it.

    And just the way the US Constitution as interpreted by Scalia likes it too. Naturally he is/was a better judge than any of the rest of us (no pun intended).

    For the record, this is all with reference to carrying a firearm in public. Nothing to do with owning one. Owning one is a separate issue.

  8. #7
    Quote Originally Posted by HKS View Post
    And just the way the US Constitution as interpreted by Scalia likes it too. Naturally he is/was a better judge than any of the rest of us (no pun intended).
    Which is a totally false assertion because the US Supreme Court has refused to hear any case brought before it regarding the right to carry firearms in public - therefore there has been no ruling on it.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  9. #8
    Quote Originally Posted by NavyLCDR View Post
    Which is a totally false assertion because the US Supreme Court has refused to hear any case brought before it regarding the right to carry firearms in public - therefore there has been no ruling on it.
    Your statement about the SCOTUS is correct.

    But your thinking and conclusion are fractured.

    Scalia discusses this issue in Heller.

    You need to read Heller (again).

  10. #9
    Quote Originally Posted by HKS View Post
    Your statement about the SCOTUS is correct.

    But your thinking and conclusion are fractured.

    Scalia discusses this issue in Heller.

    You need to read Heller (again).
    I beg to differ. You admit that there has never been a case before the US Supreme Court regarding the right to carry a firearm in public. A judge cannot rule on a case that never came in front of them. You keep saying Scalia made a ruling - post the quote.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  11. #10
    Quote Originally Posted by NavyLCDR View Post
    I beg to differ. You admit that there has never been a case before the US Supreme Court regarding the right to carry a firearm in public. A judge cannot rule on a case that never came in front of them. You keep saying Scalia made a ruling - post the quote.
    Unless you have crystal balls Sailor Sam, you cannot predict what the SCOTUS will do.

    In the meantime Scalia's write-up of Heller is the best guidance we have that is current and on point.

    Scalia does not "trump" (supersede) states' rights with the 2nd Amendment as far as public carry(ing) goes.

    He only supersedes states' rights to the extent they violate the "keep" clause -- which he interprets and defines as "keep in your home" not "keep in your pocket."

    You should know all that Sailor Sam, if you read Heller carefully.

    You would not have made it to O-4 if you were not a college grad and/or if you could not read.

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