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Posted: 2/2/2020 12:39:13 AM EDT
I have a neighbor who has had his permit for over a year now, he is retired and has no criminal record, and had possessed security clearance for nuclear control room access as an engineer. He has twice now appeared for a hearing to have his permit upgraded to full carry, the Judge and DA wanted to know what had changed in his life since the last time he was denied, he stated that he had completed additional training that is when they said it is not about experience, knowledge, or skill he was basically told unless he has some special need the law only allows for hunting and target permit issuance.
Link Posted: 2/2/2020 1:34:29 AM EDT
[#1]
Link Posted: 2/2/2020 2:59:22 AM EDT
[#2]
You have to request a hearing in which the da, sheriffs investigator, and judge all weigh in on the decision regarding whether or not you are deemed worthy of issuance of an unrestricted permit. The judge asks the da if they have any objection, and then the investigator is asked as well, if they do not have any objections then the Judge makes the final determination. I have been through it myself 8 years ago, different judge with different standards but the process was the same.
Link Posted: 2/2/2020 3:08:09 AM EDT
[#3]
Link Posted: 2/2/2020 7:05:51 AM EDT
[#4]
They're basically going by the letter of the law on this issue.
Link Posted: 2/2/2020 11:30:33 AM EDT
[#5]
Show me that letter of the law.... restrictions are an administrative action and not enumerated in law as far as I know.
Link Posted: 2/2/2020 3:44:05 PM EDT
[#6]
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Quoted:
Show me that letter of the law.... restrictions are an administrative action and not enumerated in law as far as I know.
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It's how they interpret the language of the statute.
Or as I posted before, " the letter of the law"
Link Posted: 2/2/2020 4:54:28 PM EDT
[#7]
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Quoted:
They're basically going by the letter of the law on this issue.
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Uh, not as just about everyone and every court has read Heller and McDonald.  Illinois cities have their ass handed to them multiple times.

Then there is that sticky 2A thing which is the ultimate law.  Of course, leftists read anything any which way they feel.

Sounds like Putnam County needs a nice lawsuit.
Link Posted: 2/2/2020 7:07:27 PM EDT
[#8]
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Quoted:

Uh, not as just about everyone and every court has read Heller and McDonald.  Illinois cities have their ass handed to them multiple times.

Then there is that sticky 2A thing which is the ultimate law.  Of course, leftists read anything any which way they feel.

Sounds like Putnam County needs a nice lawsuit.
View Quote
I understand what you're saying, and the liberal are going to ignore those rulings at any opportunity that they can.
They're going to stick with the language in the NY statute until forced to do otherwise.
Link Posted: 2/3/2020 9:06:55 AM EDT
[#9]
Sounds like Putnam County needs to write a $300,000 check to 2AF like Rahm Emmanuel did for Chiraq.
Link Posted: 2/3/2020 9:36:27 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

I understand what you're saying, and the liberal are going to ignore those rulings at any opportunity that they can.
They're going to stick with the language in the NY statute until forced to do otherwise.
View Quote
if I remember correctly, Genesee issuing judge was sued over this and lost and had to lift every restriction placed on all county permits..  and now the new issuing judge can't put restrictions.
Link Posted: 2/3/2020 11:15:52 AM EDT
[#11]
I have to wonder why they do not just start issuing the new and improved "premises only" licenses with transport to and from the range that was passed in response to NYSRPA v. New York City. Pretty much solves the whole issue of "illegal" carry restrictions but not even granting them in the first place.
Link Posted: 2/3/2020 1:28:40 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I understand what you're saying, and the liberal are going to ignore those rulings at any opportunity that they can.
They're going to stick with the language in the NY statute until forced to do otherwise.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

Uh, not as just about everyone and every court has read Heller and McDonald.  Illinois cities have their ass handed to them multiple times.

Then there is that sticky 2A thing which is the ultimate law.  Of course, leftists read anything any which way they feel.

Sounds like Putnam County needs a nice lawsuit.
I understand what you're saying, and the liberal are going to ignore those rulings at any opportunity that they can.
They're going to stick with the language in the NY statute until forced to do otherwise.
TC-  You repeat yourself without explaining what you refer to.  Let me help.  I think you are referring to this part of PL section 400:

2. Types of licenses.  A license for gunsmith or dealer in firearms shall be issued to engage in such business.  A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to
(a) have and possess in his dwelling by a householder; ?
(b) have and possess in his place of business by a merchant or storekeeper; ?
(c) have and carry concealed while so employed by a messenger employed by a banking institution or express company; ?
(d) have and carry concealed by a justice of the supreme court in the first or second judicial departments, or by a judge of the New York city civil court or the New York city criminal court; ?
(e) have and carry concealed while so employed by a regular employee of an institution of the state, or of any county, city, town or village, under control of a commissioner of correction of the city or any warden, superintendent or head keeper of any state prison, penitentiary, workhouse,
county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, provided that application is made therefor by such commissioner, warden, superintendent or head keeper; ?
(f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof; ?and
(g) have, possess, collect and carry antique pistols which are defined as follows: ?(i) any single shot, muzzle loading pistol with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before l898, which is not designed for using rimfire or conventional
centerfire fixed ammunition;
Link Posted: 2/3/2020 1:36:38 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

TC-  You repeat yourself without explaining what you refer to.  Let me help.  I think you are referring to this part of PL section 400:

2. Types of licenses.  A license for gunsmith or dealer in firearms shall be issued to engage in such business.  A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to
(a) have and possess in his dwelling by a householder; ?
(b) have and possess in his place of business by a merchant or storekeeper; ?
(c) have and carry concealed while so employed by a messenger employed by a banking institution or express company; ?
(d) have and carry concealed by a justice of the supreme court in the first or second judicial departments, or by a judge of the New York city civil court or the New York city criminal court; ?
(e) have and carry concealed while so employed by a regular employee of an institution of the state, or of any county, city, town or village, under control of a commissioner of correction of the city or any warden, superintendent or head keeper of any state prison, penitentiary, workhouse,
county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, provided that application is made therefor by such commissioner, warden, superintendent or head keeper; ?
(f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof; ?and
(g) have, possess, collect and carry antique pistols which are defined as follows: ?(i) any single shot, muzzle loading pistol with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before l898, which is not designed for using rimfire or conventional
centerfire fixed ammunition;
View Quote
Thanks
I've been working off my phone for a few days now while my laptop has been getting poked and prodded for warranty work. It's difficult for me to do much more than basic quotes on this thing, let alone cut and paste from another site
Yeah that's the language the judges are hanging their hat on.
That's not exactly the section I was thinking of, I'll try to dig up the language I had in mind
Thirty-plus years ago when I appealed the overstamp on my own permit and had a meeting with the issuing judge, he read through a list of occupations and circumstances that justified the issuance of an unrestricted permit. When I said that none of those applied to me, he slammed the book shut and declared that Ithaca wasn't the wild west and noone needed to carry a gun on its streets.

I know what prompted them to start overstamping new permits around that time. A guy defended himself against muggers and that offended the liberals
Link Posted: 2/4/2020 12:43:39 AM EDT
[#14]
Quoted:
I have a neighbor who has had his permit for over a year now, he is retired and has no criminal record, and had possessed security clearance for nuclear control room access as an engineer. He has twice now appeared for a hearing to have his permit upgraded to full carry, the Judge and DA wanted to know what had changed in his life since the last time he was denied, he stated that he had completed additional training that is when they said it is not about experience, knowledge, or skill he was basically told unless he has some special need the law only allows for hunting and target permit issuance.
View Quote
Did he apply and get a judge randomly assigned? In that case he's screwed because with the passing of Judge Reitz the only judge that may remove his restriction is Judge Spofford. Reitz heard administrative cases on Friday afternoons, and when my wife wanted to have her restriction removed she wrote Judge Reitz directly and requested to appear in his court on a matter of pistol licensing. I would suggest your friend do the same with Judge Spofford. He was hevily backed by numerous pro gun groups, as was DA Robert Tendy. They represented themselves as pro 2a, I guess we'll find out.
Link Posted: 2/4/2020 12:52:46 AM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

if I remember correctly, Genesee issuing judge was sued over this and lost and had to lift every restriction placed on all county permits..  and now the new issuing judge can't put restrictions.
View Quote
Do you have any information on when this happened? If it's true it sounds like the magic bullet we need.
Link Posted: 2/4/2020 11:04:51 AM EDT
[#16]
Either way, anti-gun judges will just start issuing the new premise-only permit that allows target/hunting...

What we really need is the NYSPRA vs. NYC SCOTUS case to require shall issue...but that ain't happening either. Most likely that case will just say "NYC has to allow some form of unloaded locked transport to an otherwise legal location." Which would pretty much change nothing. Just the way SCOTUS likes it.
Link Posted: 2/4/2020 4:30:36 PM EDT
[#17]
Sounds just like Long Island!!!
Link Posted: 2/4/2020 5:41:49 PM EDT
[#18]
Very sorry to hear that Putnam Co. has gone libtard.  I got my permit there in 1979 when Judge Hickman was still sitting.  He was a really good Judge/Guy!
Link Posted: 2/4/2020 7:49:53 PM EDT
[#19]
Just always be going or coming from the range. I say that, as the judge in my county handed them out with no issue.
Link Posted: 2/4/2020 8:06:47 PM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Jesus Christ

I'm surprised how many people actually comply with the restrictions.
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When I did my safety class there were people from neighboring counties there.

The instructor gave everyone the information to join a 24 hour indoor range.

He said that if you live in a county where you are restricted except when going target shooting, carry your key fob with you (to access the range) and if questioned for any reason, tell them you are on the way right now, or after work or whatever, and ask them to tag along because you have some guest passes.

I'm glad I don't live in one of those counties, if I did, I wouldn't even bother with letters or hearings, I would hire a lawyer to do that for me. They are usually much better with letters and talking in front of judges.
Link Posted: 2/7/2020 1:45:01 PM EDT
[#21]
Yes thanks sgt. Gold, I had encouraged him previously to join.
I passed on your advice about having him write a letter directly to Judge Spofford  to request scheduling a hearing with him to upgrade to his pistol permit.
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