NY pistol permit DENIED!!! - Page 6
Page 6 of 8 FirstFirst ... 45678 LastLast
Results 51 to 60 of 71

Thread: NY pistol permit DENIED!!!

  1. #51
    Join Date
    Mar 2011
    Location
    State of Confusion
    Posts
    7,733
    Quote Originally Posted by trophyhunter View Post
    I have known poeple who have applied for and been denied their permits based on, Interviews with their Neighbors And,people in their Community. In my town the Investigating Officer will talk to all your Neighbors that border you. And,I think that is Unfair. Who gets along with all their Neighbors... So maybe he was denied based on what someone or an few people within his Community Said Nothing I read in our Penal Law (NYS) makes much sense. Much of the laws governing Pistol Permits needs more clear definitions. They left more open ended statements And I, believe this is so they can add their own meaning to suit their (NYS) Ajenda Another way to screw Citizens.
    Very unfair. If the neighbor is anti-gun in general he will stop another neighbor from getting a permit. So the anti's rule Long Island?
    GOD, GUNS and GUITARS

  2.   
  3. #52
    Quote Originally Posted by marcparis View Post
    Yeah the McDonald / Heller decisions I believe have language that the states can impose "reasonable restrictions" or firearms ownership. A main reason behind the intent there is so that states can still pass laws that state convicted violent felons can't own firearms. You know that reasonable clause will be pushed to the Limit by NY, DC, CA, NJ, MD, MA, IL, HI. So the follow on court challenges aren't done yet.

    I'm curious how this will impact the "vote with your feet". Most applications I've seen have some sort of "Have you been denied a Concealed Carry permit by any other state in the last x year". Does anybody have any experience how that follows you and what impact it has. So for example am I better off not applying to a state that stands a good chance at denying me because now I need to disclose that denial to other applications and it makes getting those a lot more difficult. I guess the best bet is to get the permits with the least restrictions first (go for Non resident shall issue like UT, ME, NH etc.) even before your own state if you live in a may issue state like CA, NY, MA
    Things that disqualify you from a concealed carry permit in Texas:

    (7) is not incapable of exercising sound judgment with respect to
    the proper use and storage of a handgun;

    (10) has not been finally determined to be delinquent in making a
    child support payment administered or collected by the attorney general;

    (11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;

    Doesn't sound like "felonies" to me.

  4. #53
    Join Date
    Mar 2011
    Location
    State of Confusion
    Posts
    7,733
    Quote Originally Posted by nogods View Post
    Things that disqualify you from a concealed carry permit in Texas:

    (7) is not incapable of exercising sound judgment with respect to
    the proper use and storage of a handgun;

    (10) has not been finally determined to be delinquent in making a
    child support payment administered or collected by the attorney general;

    (11) has not been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the tax collector of a political subdivision of the state, or any agency or subdivision of the state;

    Doesn't sound like "felonies" to me.
    So would it be fair to say that many "shall issue" states are really "discretionary issue?"
    GOD, GUNS and GUITARS

  5. Quote Originally Posted by BC1 View Post
    I have not misinformed you at all. What does no wording on permit restrictions designate? Everywhere else in the state it means no restrictions. I can only tell you what I've seen. And I've seen this permit first hand. It has no boxes checked and no wording on restrictions.

    Now for the law... anyone in Nassau County can carry their gun. Article 400 of the NYS Penal Law does not specify this county as restricted only. Restrictions are imposed by a licensing officer of a county and there may exist county codes on gun carry. But these codes do not constitute crimes as defined by state law. They are merely code infractions or violations of a county code. Nassau County has not codified any special provision into Article 265. Article 400 does not define any crime. Article 265 "S265.20(3)" exempts from criminal charges, anyone carrying a gun in NYS with a permit issued under A400. You may have a permit suspended or revoked, depending on the circumstances, but you haven't committed a gun crime. You can't be charged at the misdemeanor of felony level.

    Why would an NRA instructor be expected to know the Nassau County laws? To me this part off NYS can be classified with that other country called NYC. Lost to their own interpretation of the world. Your own residents have done this to you... inluding the likes of Carolyn McCarthy and the liberal non-thinking element that populates the area.
    What I was pointing out was you clearly stated your students all had the same judge and you have seen a Nassau License.My professional contact with a civilian who had a Nassau license was a paper license with a stamp across the top right corner "TO AND FROM RANGE ONLY".Only purchase documents have a box for the type of license.The restrictions are enforced...once you leave Nassau with the restricted license and you happen to get stopped by a Orange County Deputy Sheriff expect that that license may be revolked for carying out of restrictions.If you have a restricted license issued upstate NY and you get caught in Nassau expect to be revolked for carying out of restrictions.Again I am simply pointing out that you have misinformed us by saying it is ok to carry with a restricted license because we have the law.Case Law already allows the counties to place restrictions and do as they please.If you get caught carrying out of restrictions expect to be revolked.

  6. #55
    Join Date
    Mar 2011
    Location
    State of Confusion
    Posts
    7,733
    Quote Originally Posted by hunter won View Post
    What I was pointing out was you clearly stated your students all had the same judge and you have seen a Nassau License.My professional contact with a civilian who had a Nassau license was a paper license with a stamp across the top right corner "TO AND FROM RANGE ONLY".Only purchase documents have a box for the type of license.The restrictions are enforced...once you leave Nassau with the restricted license and you happen to get stopped by a Orange County Deputy Sheriff expect that that license may be revolked for carying out of restrictions.If you have a restricted license issued upstate NY and you get caught in Nassau expect to be revolked for carying out of restrictions.Again I am simply pointing out that you have misinformed us by saying it is ok to carry with a restricted license because we have the law.Case Law already allows the counties to place restrictions and do as they please.If you get caught carrying out of restrictions expect to be revolked.
    I can find no provision in NYS Penal Law to indicate I cannot carry my gun in Nassau County. It isn't in Article 400 (licensing) or 265 (Firearms and Dangerous Weapons). So, what grounds would a Nassau County LEO have to confiscate my gun? What law have I broken? What am I formally charged with?

    The law does read as follows:

    NYS PENAL LAW S400.00(6). License: validity. Any license issued pursuant to this section shall be valid notwithstanding the provisions of any local law or ordinance. No license shall be transferable to any other person or premises. A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city.

    The law as quoted above specifically states that an unrestricted CCW permit is good state-wide, excepting NYC, in spite of any local (county) law. NYC has codified their requirement into law but Nassau has not.

    Also, a Nassau resident with a permit would not be revoked carrying upstate as long as he was within the guidelines of his restrictions. In some cases the licensing officer may suspend the CCW for a period. However, a LEO might confiscate the gun and report the administrative infraction to the issueing county. More likely, the LEO would let it go as upstate police tend to give a wide berth on carry. To go upstate you'll need to pass through NYC. I'd rather pass a kidney stone than do that.

    Ran this by the company attorney. He confirmed Nassau has no provision in state law to prohibit the carrying of a concealed handgun. He stated that the county may adopt a policy on issuance of licenses therein but such a county code would not be binding on a non-resident of the county and any charges would be dismissed.
    GOD, GUNS and GUITARS

  7. Quote Originally Posted by BC1 View Post
    I can find no provision in NYS Penal Law to indicate I cannot carry my gun in Nassau County. It isn't in Article 400 (licensing) or 265 (Firearms and Dangerous Weapons). So, what grounds would a Nassau County LEO have to confiscate my gun? What law have I broken? What am I formally charged with?

    The law does read as follows:

    NYS PENAL LAW S400.00(6). License: validity. Any license issued pursuant to this section shall be valid notwithstanding the provisions of any local law or ordinance. No license shall be transferable to any other person or premises. A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city.

    The law as quoted above specifically states that an unrestricted CCW permit is good state-wide, excepting NYC, in spite of any local (county) law. NYC has codified their requirement into law but Nassau has not.

    Also, a Nassau resident with a permit would not be revoked carrying upstate as long as he was within the guidelines of his restrictions. In some cases the licensing officer may suspend the CCW for a period. However, a LEO might confiscate the gun and report the administrative infraction to the issueing county. More likely, the LEO would let it go as upstate police tend to give a wide berth on carry. To go upstate you'll need to pass through NYC. I'd rather pass a kidney stone than do that.

    Ran this by the company attorney. He confirmed Nassau has no provision in state law to prohibit the carrying of a concealed handgun. He stated that the county may adopt a policy on issuance of licenses therein but such a county code would not be binding on a non-resident of the county and any charges would be dismissed.
    Apparently those students all had the same judge issue a full carry to Nassau residents.Depending on the LEO,you wont be arrested for carrying out of restrictions but a very good possibilty of having the license revolked.A good amount of time and money are involved to have an attorney speak on your behalf to re obtain your pistol license.By the way Nassau DOES NOT USE A JUDGE!!!!.....just wanted you to know that since you have seen a Nassau Full Carry Unrestricted from your students.

  8. #57
    Join Date
    Mar 2011
    Location
    State of Confusion
    Posts
    7,733
    Quote Originally Posted by hunter won View Post
    Apparently those students all had the same judge issue a full carry to Nassau residents.Depending on the LEO,you wont be arrested for carrying out of restrictions but a very good possibilty of having the license revolked.A good amount of time and money are involved to have an attorney speak on your behalf to re obtain your pistol license.By the way Nassau DOES NOT USE A JUDGE!!!!.....just wanted you to know that since you have seen a Nassau Full Carry Unrestricted from your students.
    Hunter, for the last time... there is no law being broken for which an arrest can be effected if I carry my licensed, registered gun into Nassau County on an unrestricted permit. When arrested, law enforcement must charge you with a violation of the NYS Penal Law. Me, carrying in Nassau County, is not in violation of any law. Any arrest would bring a lawsuit against the police agency for malicious prosecution. Please, we have an attorney on staff who is a managing partner at PPA and a former NYC Deputy DA. He specializes in criminal defense and especially gun cases. I asked him to contact Nassau regarding my right to carry in that county. The response was that there is no violation of any law. Reread the pertinent sections of article 400 that I listed in a previous post. The right to carry is statewide and trumps ALL municipal and county laws, provided you carry within the restrictions on the license. Nassau County can pose restrictions on the permits of its residents but cannot impose restrictions on a non-resident's license. Nassau has the right to lobby for changes to A400 (as NYC did) disallowing carrying of a weapon which would then make it a crime, but they have not done this.

    It's that simple. Any further argument is pointless.
    GOD, GUNS and GUITARS

  9. Quote Originally Posted by BC1 View Post
    Hunter, for the last time... there is no law being broken for which an arrest can be effected if I carry my licensed, registered gun into Nassau County on an unrestricted permit. When arrested, law enforcement must charge you with a violation of the NYS Penal Law. Me, carrying in Nassau County, is not in violation of any law. Any arrest would bring a lawsuit against the police agency for malicious prosecution. Please, we have an attorney on staff who is a managing partner at PPA and a former NYC Deputy DA. He specializes in criminal defense and especially gun cases. I asked him to contact Nassau regarding my right to carry in that county. The response was that there is no violation of any law. Reread the pertinent sections of article 400 that I listed in a previous post. The right to carry is statewide and trumps ALL municipal and county laws, provided you carry within the restrictions on the license. Nassau County can pose restrictions on the permits of its residents but cannot impose restrictions on a non-resident's license. Nassau has the right to lobby for changes to A400 (as NYC did) disallowing carrying of a weapon which would then make it a crime, but they have not done this.

    It's that simple. Any further argument is pointless.
    I read the post again and you said your students had an unrestricted license and all your students had the same judge.I keep pointing out that you did make an error in posting false information about you having students that live in Nassau and try to hide that from us.Anyone who has an unrestricted license may carry in NYS.A restricted license is all that Nassau issues at this time for someone who does not show proper cause.Again you did say that you have students that have Nassau full carry and they all had the same judge...all false information.

  10. Quote Originally Posted by BC1 View Post
    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.
    Nassau county residents going upstate to attend your class and recieved unrestricted permits?

  11. Quote Originally Posted by BC1 View Post
    Each student followed exactly the same procedure. First, they already had a license for a lengthy period. They took NRA personal protection inside the home and NRA personal protection outside the home. All three then became NRA certified pistol instructors and filed an amendment to their license. Their reasoning was that there was no pattern of time or place that they would be carrying. Teaching could bring them to any number of sporting goods stores, clubs, ranges private homes and/or lands. Their appeal for lifting restrictions reasoned that their advanced training made them safer than the average permit holder and that they had no intent to carry a gun on a regular or daily basis. All three were granted. They all had the same judge. If I remember correctly the permit just didn't list anything for restrictions. Essentially a blank permit. I'll call one of them for you and ask exactly what is on his permit.
    Only a few counties upstate allow an upgrade class to lift the restrictions.Nassau County does not accept this class!!! Nassau County does not require a handgun safety class to get a pistol license.Most upstate counties require a handgun safety class.

Page 6 of 8 FirstFirst ... 45678 LastLast

Similar Threads

  1. County by County Status
    By rheaj in forum New York Discussion and Firearm News
    Replies: 72
    Last Post: 02-19-2012, 01:52 AM
  2. List Of California Gun Ranges
    By lukem in forum California Discussion and Firearm News
    Replies: 8
    Last Post: 05-18-2011, 11:40 PM
  3. List Of Colorado Gun Ranges
    By lukem in forum Colorado Discussion and Firearm News
    Replies: 7
    Last Post: 02-14-2011, 05:21 PM
  4. List Of Alabama Gun Ranges
    By lukem in forum Alabama Discussion and Firearm News
    Replies: 4
    Last Post: 11-26-2010, 01:13 PM
  5. List Of New Hampshire Gun Ranges
    By lukem in forum New Hampshire Discussion and Firearm News
    Replies: 2
    Last Post: 04-22-2009, 09:30 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast