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deathsythe
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Posted: 7/31/2012 9:26:43 AM
[Last Edit: 8/2/2012 6:29:36 PM by deathsythe]

THE IMAGE ABOVE IS A PAID ADVERTISEMENT
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Monday, July 30th 2012.

For Immediate Release.

Ronkonkoma, NY- Members of Long Island Firearms, New York's foremost on-line firearms enthusiast community, filed petitions against the Police Commissioner of Nassau County to ensure our Second Amendment rights are not infringed. "This is a step in the right direction" says Steven Blair. He continues to say "As the rise in Nassau County Pistol License applications continue, it's important that the County fulfills its obligation to ensure the process takes place within the proper time frame. Waiting over a year for the issuance of a pistol license is unacceptable."


The Police Commissioner of Nassau County is refusing to timely process the pistol license applications of Nassau County residents despite the existence of a law requiring the Police Commissioner to do so within six months (Penal Law § 400.00 (4-a.). The Police Commissioner's refusal constitutes a willful and purposeful violation of New York State law.

In a letter sent to members of Long Island Firearms, the Police Commissioner stated that he is aware of the six month deadline cited by Penal Law § 400.00 (4-a), but he believes it is “…not a firm deadline,” and indicates he is not bound by such laws. In the same letter, the Police Commissioner sought to rationalize the delay, stating that “In recent years due to the downsizing of our Department the pistol unit has operated with fewer personnel. This situation has created a backlog of pistol applications which have not been determined within six months of their submission to the pistol unit.” The Police Commissioner also states that he does not believe that “…meet[ing] a six month administrative deadline would further the public safety interests of Nassau County.”

Clearly, by his words and actions, the Police Commissioner is knowingly and willfully refusing to follow state law; and he has made clear that his decision to disregard the law is calculated, premeditated and deliberate.

The petitions filed today seek an order from a Nassau County Supreme Court Judge requiring the Police Commissioner to perform his mandated duty, under existing law, to process the pistol license applications of Nassau County residents within the six-month time frame required by New York State Penal Law § 400.00 (4-a).

Thomas V. Dale, as the Police Commissioner of Nassau County, is the statutorily designated "licensing officer" within Nassau County, pursuant to Penal Law § 400.00. As the said licensing officer, the Police Commissioner is vested with the statutory authority to issue or deny pistol licenses within Nassau County.

Members of Long Island Firearms and the LI Second Amendment Preservation Association, Inc. came together to take legal action. Long Island Firearms and the LI Second Amendment Preservation Association, Inc. are financially backing the lawsuits, filed today by the law firm of Murtha & Murtha, PLLC.

The petitions filed today are seeking an order from a Nassau County Supreme Court Judge requiring the Police Commissioner to perform his mandated duty, under existing law, to process the pistol license applications of Nassau County residents within the six-month timeframe required by New York State Penal Law § 400.00 (4-a).

What is Section 400.00?
Section 400.00 (4-a) of the Penal Law establishes a six-month time frame for the issuance of pistol licenses. Added in 1980, the purpose of the addition of Subdivision 4-a of the New York State Penal Law was made quite clear. It was designed to provide for the expeditious processing of pistol licensing requests. It apparently had been the practice of some gun licensing authorities to prescribe only a few times during the year when applications for licenses would be accepted, and to delay for periods of more than a year the processing of such applications and the decisions thereon. Subdivision four-a was added to compel the immediate acceptance of license applications, and action thereon within six months (McKinney’s 400.00 [4-a] L.1980, cc. 233 and 234; State of New York Executive Chamber memorandum filed with Assembly Bill Number 11309, NYLS Governor’s Bill Jacket, 1980 Chapter 233.) “[Section 4-a] is a great help to the thousands of legal applicants in New York City who must wait eighteen months for an answer to their applications.” (Brief Summary of Provision of Bill A.11309, supra.)




I know I don't need to tell any of you other NY residents how much crap it is that some counties take up to 14 months to issue licenses when the state law mandates 6 months. Down on Long Island they are doing something about it.

Hopefully this goes through without a hitch and it can be used as precedent for you guys up by Albany and the other areas that take forever.



First the illegal delay, then the illegal administrative restrictions. :)

rkbar15
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Posted: 7/31/2012 9:36:57 AM
[Last Edit: 7/31/2012 9:49:38 AM by rkbar15]
Years ago New York City was successfully sued on the same issue.

ETA: Where are all the other NYS gun owner associations. Why aren't they bringing suit in all the other counties that are blatantly ignoring the NY licensing law?
DefMan
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Posted: 7/31/2012 10:11:08 AM
Well, Dale is a former three-star New York City Police Department chief of personnel. Wouldn't surprise me that he's treating or trying to make Nassau become NYC's sixth borough.
Because firearms comply with physical laws, we're sentenced to recoil.

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Aardvark
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Posted: 7/31/2012 12:27:28 PM

Originally Posted By DefMan:
Well, Dale is a former three-star New York City Police Department chief of personnel. Wouldn't surprise me that he's treating or trying to make Nassau become NYC's sixth borough.

I thought we already are. Drive around Hempstead and it is hard to imagine you are not in Jamaica, Queens.

If Nassau is ever forced to dissolve I would expect Town of Hempstead to go to NYC and Oyster Bay to go to Suffolk with North Hempstead being a tossup.
cas
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Posted: 7/31/2012 5:21:51 PM
"New York's foremost on-line firearms enthusiast community"

That's an awkward thing to post here.
Part time recluse. Active misanthrope. Future hermit.
fp1201
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Posted: 7/31/2012 9:41:17 PM
Originally Posted By cas:
"New York's foremost on-line firearms enthusiast community"

That's an awkward thing to post here.


Especially since that statement is bullshit.
I find it hard to believe that in a day and age where in 24 hours time any law enforcement agency in the United States could know more about you than your Mother, they sit on their asses for as long as they do to "investigate" someone making application to exercise a CONSTITUTIONAL RIGHT. Problem is until you have people that are willing from the start to hold their feet to the fire, little to nothing is going to happen.
IMHO too many that "complain" about the time it's taking are moved to the top of the pile, and once they've gotten their Licenses it all becomes a moot point......I've got mine, screw everyone else.

I applaud these guys for bringing suit, and encourage other to bring action against Counties that also take inordinate amounts of time to complete the process. NO ONE is above the Law.
IN NOMINE PATRIS ET FILII ET SPIRITUS SANCTI
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mag162
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Posted: 7/31/2012 9:49:10 PM
[Last Edit: 7/31/2012 9:51:39 PM by mag162]
Wow you joined arfcom just to post that crap.
Give us a break. No links to that site.
Mech2007
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Posted: 7/31/2012 9:56:47 PM


They can call themselves Queen of the Maypole for all I care, as long as they're fighting for gun rights.

"Sometimes I think we need more running from saber tooth tigers to put life in perspective."

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DefMan
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Posted: 8/1/2012 12:22:12 AM
It's a good time to spread the word that we're not gonna take it anymore. I rather see this done at once rather than county by county.
Because firearms comply with physical laws, we're sentenced to recoil.

FO HAMP!
(He Ain't My President!)
deathsythe
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Posted: 8/1/2012 1:28:35 AM
[Last Edit: 8/1/2012 1:55:36 AM by deathsythe]
Originally Posted By mag162:
Wow you joined arfcom just to post that crap.
Give us a break. No links to that site.



Actually, not that it is any of your business, but I joined arfcom way back when in around '02/'03, but got into a dispute with another member who was overly hostile about something stupid and stopped coming. I couldn't remember the credentials, or even the username to be honest, of that account, so I created a new one.

Moreover - if fighting for the 2A rights of New Yorkers is not worthy of being posted to the NY section of this site, then excuse me. I just thought some other NY'ers would like to know. Especially since places like near Albany are also facing 14 month wait times and could use this as fodder for their own suits.

I will link to the press release as I see fit unless a moderator or administrator tells me other wise.

Good day.

Edit - wow, mag162, given your behavior I actually didn't even realize and overlooked the fact that you in fact ARE a moderator. Tell me, is it site policy not to post press releases to local pro-2A court cases? If that is the case I will refrain in the future.
remltr
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Posted: 8/1/2012 1:41:10 AM
[Last Edit: 8/1/2012 1:42:55 AM by remltr]
He mad! BTW, thanks for the info, It's great that someone is taking up the fight here in NYS Keep it up!
Vmtcmt
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Posted: 8/1/2012 2:03:13 AM
Originally Posted By Mech2007:


They can call themselves Queen of the Maypole for all I care, as long as they're fighting for gun rights.



Isn't that the name of the game?
mag162
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Posted: 8/1/2012 6:40:39 AM
[Last Edit: 8/1/2012 6:41:13 AM by mag162]
1.Welcome to the board.
2. No links to LIF. I dont care what its about.
Last week I posted about a member of LIF that had an unfortunate incident with some of his weapons. There were no links to that site.
You will learn in time, as many others have that EVERYTHING he does has a little extra motivation. Good Luck.
deathsythe
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Posted: 8/1/2012 2:08:04 PM
[Last Edit: 8/1/2012 2:09:00 PM by deathsythe]
Originally Posted By mag162:
1.Welcome to the board.
2. No links to LIF. I dont care what its about.
Last week I posted about a member of LIF that had an unfortunate incident with some of his weapons. There were no links to that site.
You will learn in time, as many others have that EVERYTHING he does has a little extra motivation. Good Luck.


1. Welcome back you mean.
2. Um... okay. Is this a site policy, because I didn't see it anywhere in the rules and regs?
3. Not the foggiest idea what you are talking about, but um... okay.

Not really sure what your deal is, but we are all on the same team here and fighting for the same thing. Every little bit helps.


Press Release from AmmoLand
shiky
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Posted: 8/1/2012 11:30:57 PM
Originally Posted By deathsythe:
Originally Posted By mag162:
1.Welcome to the board.
2. No links to LIF. I dont care what its about.
Last week I posted about a member of LIF that had an unfortunate incident with some of his weapons. There were no links to that site.
You will learn in time, as many others have that EVERYTHING he does has a little extra motivation. Good Luck.


1. Welcome back you mean.
2. Um... okay. Is this a site policy, because I didn't see it anywhere in the rules and regs?
3. Not the foggiest idea what you are talking about, but um... okay.

Not really sure what your deal is, but we are all on the same team here and fighting for the same thing. Every little bit helps.


Press Release from AmmoLand


Its a NYHTF policy. ownership at that site is shady at best. we try not to associate with them.. most of us aren't even allowed on the site anymore, nor do we want to be though.
God made all men, but Samuel Colt made them equal.

Originally Posted By Lumpy196:
Shakespeare is good. Shakespeare with automatic weapons is fucking awesome.
deathsythe
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Posted: 8/2/2012 2:15:19 AM
[Last Edit: 8/2/2012 2:52:32 AM by deathsythe]
NYHTF?

EDIT- nevermind, got it NY Home town forum, right.


Um... sorry then? I didn't see anything about that arfcom rules. Did I miss something?

Moreover - you all can't appreciate a 2A victory because you were banned from the site that is co-sponsoring it? Jeesh - now I remember why I stopped coming here. There is less BS on 4chan's /k/
ml2150
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Posted: 8/2/2012 7:27:19 AM

Originally Posted By deathsythe:
NYHTF?

EDIT- nevermind, got it NY Home town forum, right.


Um... sorry then? I didn't see anything about that arfcom rules. Did I miss something?

Moreover - you all can't appreciate a 2A victory because you were banned from the site that is co-sponsoring it? Jeesh - now I remember why I stopped coming here. There is less BS on 4chan's /k/

How about just posting what you want US to read, be a polite guest - here at the grace of the staff, and leave it at that?



deathsythe
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Posted: 8/2/2012 6:17:39 PM
[Last Edit: 8/2/2012 6:30:19 PM by deathsythe]
Originally Posted By ml2150:

How about just posting what you want US to read, be a polite guest - here at the grace of the staff, and leave it at that?




I did, and was informed that I was not allowed to post that content for ya'll to read because of some squabble between men behaving like 14 year old girls on the internet.

Whatever. Now I know, and won't post links of the sort anymore in the NYHT forum, even if they are related directly to NY residents. I'll go elsewhere on arfcom with this information from now on.


Regardless - I've edited my top post with what I trust are "acceptable" links based on a policy I have yet to actually read anywhere in the rules.
thekid_1
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Posted: 8/2/2012 7:14:57 PM
[Last Edit: 8/2/2012 7:32:58 PM by thekid_1]
never mind
deathsythe
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Posted: 8/2/2012 7:35:23 PM
For what it's worth - it was regarding the "administrative restrictions" placed on NYS licenses. I tried to explain that they were purely administrative, and your license is a license to carry. From a legal standpoint, as protected by the actual law, you are in the clear, but if you are caught doing so you will undoubtedly have your license suspended or revoked. This guy made a huge stink about how it was illegal, and how you will be charged with criminal possession of a weapon, and you aren't allowed to carry at all, blah blah. He was either a bad troll, didn't actually know the laws he was quoting, or was a pistol licensing clerk/officer himself trying to dissuade others. I walked away from the conversation, and subsequently the site.

I'm sorry if I seem a little hot headed over this, but to quote our esteemed Vice President, this is "a big fucking deal". If the arfcom community doesn't see it as such I have to honestly question their motives themselves, or their dedication to the cause.


I'm honestly sorry for posting this here, I didn't think it would cause such a big stink or rip open some old wounds for some people. I thought it was a step in the right direction for all 2A advocates and enthusiasts, and have been doing my part to spread the word to any/all 2A friendly communities. The response has generally been extremely responsive and positive. This is the only community that a moderator literally called this move "crap" and edited out the link to the press release in my original post.


mag162
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Posted: 8/2/2012 8:27:35 PM
[Last Edit: 8/2/2012 8:31:51 PM by mag162]
Wrong the only Thing I said was no links to that site.
It is a big deal and I applaud him for it. I wish him luck.
You are more than welcome to copy and paste the info here, like it was done in the stolen
gun thread.

Originally Posted By deathsythe:
Originally Posted By ml2150:

How about just posting what you want US to read, be a polite guest - here at the grace of the staff, and leave it at that?




I did, and was informed that I was not allowed to post that content for ya'll to read because of some squabble between men behaving like 14 year old girls on the internet.

Whatever. Now I know, and won't post links of the sort anymore in the NYHT forum, even if they are related directly to NY residents. I'll go elsewhere on arfcom with this information from now on.


Regardless - I've edited my top post with what I trust are "acceptable" links based on a policy I have yet to actually read anywhere in the rules.


fp1201
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Posted: 8/2/2012 10:07:23 PM
In the past there have been some serious misgivings between the LIF site ownership/moderators, and arfcom members.
We're all glad they're taking on the task, many will want to follow the progression and ultimate outcome.
Sorry, but you walked in on bad-blood between the two web sites; they don't allow us to post links there, and they aren't allowed here. (home field rules, and Mag is the Umpire so it doesn't matter if you like the call, it's made)
We're like two opposing Church League Softball Teams: we're devout followers of Christ, but will whip each others ass over a ball game.....hang around and you'll find we are an excellent team to be on.
IN NOMINE PATRIS ET FILII ET SPIRITUS SANCTI
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Shqype
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Posted: 8/2/2012 10:51:56 PM
Is there an archived thread that records this drama? I've never heard of it either.
mag162
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Posted: 8/3/2012 6:31:25 AM
Originally Posted By Shqype:
Is there an archived thread that records this drama? I've never heard of it either.

Nope it has never been discussed here, and it wont on the board.
Swoosh101
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Posted: 8/3/2012 7:57:26 AM
A right delayed is a right denied. As a very smart fellow used to say.
There is one certain means by which I can be sure to never see my country's ruin; I will die in the last ditch!
rkbar15
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Posted: 8/3/2012 9:41:15 AM
[Last Edit: 8/3/2012 9:43:14 AM by rkbar15]

Originally Posted By fp1201:
In the past there have been some serious misgivings between the LIF site ownership/moderators, and arfcom members.
We're all glad they're taking on the task, many will want to follow the progression and ultimate outcome.
Sorry, but you walked in on bad-blood between the two web sites; they don't allow us to post links there, and they aren't allowed here. (home field rules, and Mag is the Umpire so it doesn't matter if you like the call, it's made)
We're like two opposing Church League Softball Teams: we're devout followers of Christ, but will whip each others ass over a ball game.....hang around and you'll find we are an excellent team to be on.

This. IIRC the bad blood was precipitated by the LIF site owner.
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