
Originally Posted by
SCfromNY
Let's look at some of your points but first the fact that you have helped 1700 obtain their permits is nice BUT a VERY small slice of the population. How many failures are there? Unless you are going to say you have a 100% success rate.
You don't like being able to walk into a gun store and buy without a permit BUT you applaud no training or qualifications required. There is a pesky little thing called the 2nd Amendment.
Working through a FFL and presenting a coupon is NOT a private sale.
Judge overseeing REGISTRATION (what we don't have)is paramount to permission unless in your world the judge never says no.
Carrying in other states IS a NYS issue. Reciprocal status mean that each state honors the other's permit. What state does NY honor? They could honor NJ since the permits are even harder to get than NY.
As the forum expert you can verify the validity of this: While what you say about NY's Castle Doctrine is true as far as I know like a true Castle Doctrine it does not exempt you from civil suits even if the shooting was legally justified.
A "SHALL ISSUE" state means that SPECIAL counties can not refuse or make there own rules. As a legal advocate I am sure that that you know while judges restrictions are added to permits they hold no letter of law, except the NYC ones, and while you may lose your permit you are innocent of charges.
Your turn.
Approval rate is close to 100%, around 99.9%... one denial in over 1,700 permits.
I don't personally applaud the "no training" requirement. As an instructor I see some bad stuff
and believe no one should be allowed to have any firearm without training. This is the state's rule, I don't applaud it.
The judge overseeing registration is not paramount to permission. The judge may not deny the license amendment unless the permit is revoked. As long as one has a permit the state does not refuse a new firearm. Find any case law to the contrary and I'll concede. Our attorney advises as long as they honor the permit. There is no limit on the number of guns or frequency of purchase in NYS. Also, there is no such thing as a CCW permit without a gun registered to the permit. So denying a permit amendment to add a gun constitutes a complete denial of the right, which has been determined unconstitutional by the SCOTUS.
Carrying in other states is not a NY issue. Presently 12 states allow carry with a NY permit. NY is wrong for not recognizing other states reciprocity but other states aren't actively punishing NY residents for this.
I personally don't want people buying and selling handguns without obtaining a NICS check or permit. Gun registration in itself is not a precursor to confiscation. Requiring SC residents to renew a CCW permit provides an opportunity to deny the renewal, immediately making the gun owner a felon. This is much worse than registration.
NJ doesn't allow CCW permits to the general public. NJ doesn't allow the carrying of a loaded firearm by its own residents. NY cannot honor a permit that one doesn't have. NJ allows firearm ownership without registration through a FOID card only. NY will allow NJ residents to enter the state and shoot under the direct supervision of an NRA instructor or at any competition.
Castle doctrine is based in the concept of "a man's home is his castle." This has nothing to do with lawsuits. It has been tagged by others because some (not all) states expanded the definition to include lawsuits. However, our attorney is unable to find any successful law suits in NYS made by a perp against his victim in a justified shooting. Althougn suits have been filed they have not survived motions to dismiss, motions for summary judgement and the decisions of juries. Try finding a case. We can't.
Shall issue does not exist anywhere. Any state can deny your right to own a gun based in cause. Such cause is generally limited to criminal or psychiatric history. In NYS, the licensing officer of any county/city can limit the carrying of a gun to certain activities, but they cannot summarily deny ownership. This has already been decided by the supreme court in both Heller and McDonald. However, we only see this in NYC, Albany, Rochester, Westchester, Nassau an Suffolk counties. Each county or city that wants to do this must request an amendment to PL 400. Suxh amendments won't pass the GOP controlled senate anymore. Most of these amendments were made some time ago when the political climate was less friendly. This is still unfortunate for those county residents as others can enter any of these counties legally armed without any problems.