NY pistol permit DENIED!!! - Page 4
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Thread: NY pistol permit DENIED!!!

  1. #31
    BC1, If your referring to my Statement about Licenses are Discretionary:

    I found that Statement in chapter 2 Page 6 ( Understanding New York's Gun Laws) Written by Lt. Lee O. Thomas New York State Police, Retired and, Jeffery Chamberlain Attorney at Law.
    The Books name is FIREARMS AND WEAPONS LAWS, GUN CONTROL IN NEW YORK STATE Publised by Loose Leaf Law Publications. it is the same book that the Pistol Permit Department and the Law Clerk uses.
    Looseleaf Law Publications, Inc I was only Posting based on facts in the book. I was not Guessing.
    NRA,NYCCW,PALTCF,FLCCW,ARCCW,DCM,NYSRPA,SCOPE

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  3. #32
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    Quote Originally Posted by trophyhunter View Post
    BC1, If your referring to my Statement about Licenses are Discretionary:

    I found that Statement in chapter 2 Page 6 ( Understanding New York's Gun Laws) Written by Lt. Lee O. Thomas New York State Police, Retired and, Jeffery Chamberlain Attorney at Law.
    The Books name is FIREARMS AND WEAPONS LAWS, GUN CONTROL IN NEW YORK STATE Publised by Loose Leaf Law Publications. it is the same book that the Pistol Permit Department and the Law Clerk uses.
    Looseleaf Law Publications, Inc I was only Posting based on facts in the book. I was not Guessing.
    I agree with you 100%. Unfortunately I have to teach the NYS Penal Law and it gets very convoluted. NY is one of a few states that actually prides itself on discretionary issue. The NYS Penal Law give the right of the licensing oficer to grant the permit:

    S400.00(1)(b) to those of good moral character.
    S400.00(1)(c) to those who have not been convicted of a felony or other serious offense.
    S400.00(1)(g) to those whom no good cause edists for the denial of such.

    And finally

    S400.00(2)(f) a license may be isued to have and carry concealed by any person when proper cause exists.

    We use the Looseleaf Law Publication source as well as LexisNexis' Criminal Law Handbook of New York. When someone gets that blanket "poor moral character" reson for denial they must go through the appeal process or refile. We always recommend hiring an attorney and getting a certificate of relief of civil disabilities as it removes that "moral character" stigma.
    GOD, GUNS and GUITARS

  4. #33
    Bc1, Thank you for clearing that up for me. Even though I have the book trying to Understand all the wording is very confusioning. Im just wondering what would cause the Judge to Deny him his permit with no Criminal record or, arrest

  5. #34
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    Quote Originally Posted by trophyhunter View Post
    Bc1, Thank you for clearing that up for me. Even though I have the book trying to Understand all the wording is very confusioning. Im just wondering what would cause the Judge to Deny him his permit with no Criminal record or, arrest
    Well, that's one of the problems with a discretionary state. An anti-gun judge can exercise his personal agenda on those who should expect they have a second amendment right. There are certain hot spots around NYS where the judges are very strict. Other areas like Orange / Ulster counties have the support of gun-friendly judges. Most times I find it follows the political affiliation. In Orange even our most liberal/democrat judge is careful about denials. She doesn't want to exhibit a pattern that's out of line with the other justices so I see her granting a fair number of unrestricted CCW permits. NY is very unfair. People who have held an unrestricted CCW for 20 years can relocate to another county and suddenly find their permit restricted by the judge in that county. In NY, those with an unrestricted permit move about pretty much unmolested. There are no crazy laws about bars, restaurants, churches, hospitals, etc. There is a sound tactical approach to getting restrictions lifted and we work closely with applicants in this area. Our track record is pretty good but it takes some doing on the part of the licensee.
    GOD, GUNS and GUITARS

  6. Counties like NYC,Nassau and Suffolk,interviews are done by police officers who just process the paperwork.Many counties have very liberal judges who rarely issue a carry license.Just a few counties accept an upgrade class for unrestricted.Only two counties issue full carry to everyone in NY, Delaware and Dutchess.A full carry allows you to carry anywhere in NY.If you have a Suffolk sportsman license and are visiting friends upstate you must comply to the restrictions on the license.

  7. #36
    Quote Originally Posted by BC1 View Post
    People who have held an unrestricted CCW for 20 years can relocate to another county and suddenly find their permit restricted by the judge in that county.
    Not true.

    Mulligan v. Williams, 169 A.D.2d 280

    In a proceeding to review a determination of respondent pistol licensing officer which issued petitioner a restricted pistol permit upon petitioner's change of address to respondent's jurisdiction, the determination is annulled, a purported "duplicate" license issued to petitioner declared null and void, and petitioner's original, unrestricted license declared still in full force and effect, since a clear reading of the relevant statutory provisions (see, Penal Law 400.00 [2] [f]; [5], [6], [10]) indicates that a license does not expire or become ineffective simply because the licensee moves to another county.

    Inasmuch as none of the circumstances justifying the issuance of a duplicate license occurred, it was unnecessary for petitioner to apply for a duplicate license; rather, petitioner need only apply to transfer his license and records to his new county of residence.

    Inasmuch as no proceedings to revoke petitioner's original license have been undertaken, his original license remains in effect. State law provides no other mechanism for issuing firearm licenses except pursuant to Penal Law article 400, and respondent gives no reason why firearms and firearms licensing statutes should not be construed according to their plain meaning.
    NYS is a shall issue state for purposes of owning a handgun for self defense within one's residence, and is a may issue state for concealed carry.

  8. #37
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    Quote Originally Posted by nogods View Post
    Not true.

    Mulligan v. Williams, 169 A.D.2d 280



    NYS is a shall issue state for purposes of owning a handgun for self defense within one's residence, and is a may issue state for concealed carry.
    Thanks for that reference! I know someone who moved and had restrictions imposed when he filed the change of address. I'll provide this case to him.

    Yes, I believe you are correct as there is even a provision in 265.03 of the penal law that exempts a person from criminal possession of a weapon within the home.
    GOD, GUNS and GUITARS

  9. #38
    I got even with the SOBs, I moved out of state

  10. Case law allows the licensing officer to place restrictions.If you move from Delaware County and relocate to Nassau County expect a restricted To and From Range Only.

  11. #40
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    Quote Originally Posted by hunter won View Post
    Case law allows the licensing officer to place restrictions.If you move from Delaware County and relocate to Nassau County expect a restricted To and From Range Only.
    I have a number of students from Nassau County who have received unrestricted permits.

    Nogods provided caselaw to the contrary. I think most people just give up when this happens. Using what nogods provided I believe one could successfully fight the new restrictions.
    GOD, GUNS and GUITARS

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