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Link Posted: 1/29/2018 2:02:51 PM EDT
[#1]
My guess, up until the next re-certification cycle, which will pose a whole other set of problems as you will most likely be required to have already gained a re-cert.

I wouldn't be surprised if data entry will be processed by inmates at correctional facilities.
Link Posted: 1/30/2018 8:42:24 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
My guess, up until the next re-certification cycle, which will pose a whole other set of problems as you will most likely be required to have already gained a re-cert.

I wouldn't be surprised if data entry will be processed by inmates at correctional facilities.
View Quote
Damn, bro you double tapped your post 30 minutes apart!
Link Posted: 1/31/2018 12:00:29 AM EDT
[#3]
Miracle of technology... first post stalled, selected again and bingo marvel of marvels.
iPad suxs
Link Posted: 1/31/2018 9:34:40 PM EDT
[#4]
Did anybody think about PP info now becoming available to NYSP with a Drivers License check? You get pulled over, they run your info, and your pistol info may come up.

Should make for some unnecessarily tense encounters.
Link Posted: 1/31/2018 10:01:07 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Did anybody think about PP info now becoming available to NYSP with a Drivers License check? You get pulled over, they run your info, and your pistol info may come up.

Should make for some unnecessarily tense encounters.
View Quote
Until the law is changed, there is still no duty to disclose.  Sand, go pound it.
Link Posted: 1/31/2018 10:40:33 PM EDT
[#6]
NYS re-certification website running slow as poop
Link Posted: 2/1/2018 12:44:44 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Until the law is changed, there is still no duty to disclose.  Sand, go pound it.
View Quote
No duty to inform, but a big banner will come up prior to their interaction with you.
Link Posted: 2/1/2018 1:29:18 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
No duty to inform, but a big banner will come up prior to their interaction with you.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:

Until the law is changed, there is still no duty to disclose.  Sand, go pound it.
No duty to inform, but a big banner will come up prior to their interaction with you.
So what?  Unless a banner pops up that I have outstanding warrants (zero chance at that ever happening), then merely being a pistol permit holder isn't probable cause of anything.  Status quo, unless the law is changed.  I can/will politely answer with a non-answer if it ever comes up during a stop.  And that's been a while.  I want to say my last couple of interactions years ago were over forgetting to renew an inspection or registration, not any kind of moving vehicle issue.  My MVR is a one page sheet of nothing.
Link Posted: 2/18/2018 11:34:09 PM EDT
[#9]
Today, I checked and my certification confirmed.
Submitted Dec. 7th via registered mail.
Link Posted: 2/19/2018 12:21:20 PM EDT
[#10]
Mailed certified in January.Got receipt.  Done with anything to do with that.  Guessing it'll have to be done again in 5 years after cumhole keeps getting reelected.
Link Posted: 2/19/2018 1:54:58 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
That happened to me too...The county clerk will make you bring the gun to an FFL and get a receipt. The FFL didn't charge a fee, since it wasn't transferred to me again...but they wanted an FFL to just write the correct serial down on an official receipt of some kind.

This was Monroe County.
View Quote
Ridiculous requirement.
I'm all for helping a customer out, but unless the gun came from that FFL and it's a clerical error on the dealers part, this is not a dealer task. This is entirely within the pistol permit clerks ability to resolve by examining the firearm in question themselves.
Link Posted: 2/19/2018 1:57:39 PM EDT
[#12]
Seward sent me an email out of the blue in response to my email from weeks ago insisting that noone will be arrested or lose their guns for not recertifying
Link Posted: 2/19/2018 2:01:51 PM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So if someone forgot to remove something from their permit, submits the form with that item missing because it isn't in their possession, they will have their permit revoked?  Or does nobody, including NYSP, know exactly?
View Quote
You should go over what they show on record for you before you submit your paperwork to the state. Technically you have to submit any addition or removal from your permit within ten days of the acquisition or disposition. Easy to overlook though, so double check what they have listed for you
Link Posted: 2/19/2018 3:38:21 PM EDT
[#14]
If you registered why not just recertify, they already know who you are and at least some of what you have.   If you don't recertify they know where to show up to confiscate your guns.
Link Posted: 2/19/2018 4:12:09 PM EDT
[#15]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If you registered why not just recertify, they already know who you are and at least some of what you have.   If you don't recertify they know where to show up to confiscate your guns.
View Quote
The issue for some people is that this creates a list of guns tied to their owners at the state level.
Link Posted: 2/19/2018 4:21:25 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Seward sent me an email out of the blue in response to my email from weeks ago insisting that noone will be arrested or lose their guns for not recertifying
View Quote
Care to post it?
Link Posted: 2/19/2018 4:54:17 PM EDT
[#17]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Care to post it?  
View Quote
His first email a month or two back

Thank you for your e-mail response. Glad to hear from you.

The first sentence of your e-mail is incorrect. Failure to recertify one’s
pistol license would not result in an automatic seizure of one’s rifles and
shotguns. That would require that one be charged with, and convicted of, a
felony.

I think you are properly concerned with one’s legal status if someone fails
to recertify; the person’s pistol license is revoked; and then the person
is in possession of unlicensed handguns until a deputy or trooper shows up
to collect them. First, the licensee would have to know that his license
has been revoked to have the intent to possess illegally. Second, he would
have to be charged with unlicensed possession and then convicted of a
felony. Last, I find no interest on the part of any local judges or law
enforcement officials to even attempt seizing weapons under cover of the
SAFE Act’s recertification provisions.

And please refrain from using the second person plural in your otherwise
justified criticism – “you” politicians. I voted against the SAFE Act;
secured passage of the only changes to the SAFE Act in either house of the
legislature; headed up an effort to cut funding for its implementation; and
secured a ban on enactment of the ammunition background check.

As always, please do not hesitate to contact me if I can be of further
assistance.

Cordially,

Jim

the bulk of the most recent reply he sent,

B. The SAFE Act does not provide for the seizure of all handguns and long guns if the permit holder does not renew. The “Evening Tribune” article you sent a link to pulls a snippet from the state penal law that was in effect prior to the SAFE Act’s passage. The language referenced in the article is from penal law 400.00(11)(c) and specifically relates back to paragraphs (a) and (b) which deal with (a) a disqualifying conviction (felony or serious offense) and (b) a report pursuant to the mental hygiene law.
So, only if the failure to recertify resulted in a conviction under penal law 265.01-b (criminal possession of a firearm, a class E felony- failure to recertify must be done knowingly). Then someone would be disqualified from possessing any gun and the procedure would kick in.

This section of law provides for seizure of long guns and pistols under two conditions: revocation following conviction of a felony or serious misdemeanor; or a revocation due to a mental health “danger to the community” finding.

I didn’t check with my fellow politicians, as you suggested. I don’t think they  understand the law. I checked with an attorney who handles penal law issues. You can’t take a section of the law out of context.

As I noted in my most recent e-mail to you, to have your guns seized after failing to recertify requires that you first be charged with, and convicted of, a felony. This is the due process required in the law.

I trust this addresses your concerns.

Cordially,

Jim
Link Posted: 2/19/2018 5:33:27 PM EDT
[#18]
I wonder how long it's going to be until the NYSP have their DB updated for all the LEO to pull from.  Years?  Decades?  Never?
Link Posted: 2/19/2018 7:36:33 PM EDT
[#19]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

His first email a month or two back

Thank you for your e-mail response. Glad to hear from you.

The first sentence of your e-mail is incorrect. Failure to recertify one’s
pistol license would not result in an automatic seizure of one’s rifles and
shotguns. That would require that one be charged with, and convicted of, a
felony.

I think you are properly concerned with one’s legal status if someone fails
to recertify; the person’s pistol license is revoked; and then the person
is in possession of unlicensed handguns until a deputy or trooper shows up
to collect them. First, the licensee would have to know that his license
has been revoked to have the intent to possess illegally. Second, he would
have to be charged with unlicensed possession and then convicted of a
felony. Last, I find no interest on the part of any local judges or law
enforcement officials to even attempt seizing weapons under cover of the
SAFE Act’s recertification provisions.

And please refrain from using the second person plural in your otherwise
justified criticism – “you” politicians. I voted against the SAFE Act;
secured passage of the only changes to the SAFE Act in either house of the
legislature; headed up an effort to cut funding for its implementation; and
secured a ban on enactment of the ammunition background check.

As always, please do not hesitate to contact me if I can be of further
assistance.

Cordially,

Jim

the bulk of the most recent reply he sent,

B. The SAFE Act does not provide for the seizure of all handguns and long guns if the permit holder does not renew. The “Evening Tribune” article you sent a link to pulls a snippet from the state penal law that was in effect prior to the SAFE Act’s passage. The language referenced in the article is from penal law 400.00(11)(c) and specifically relates back to paragraphs (a) and (b) which deal with (a) a disqualifying conviction (felony or serious offense) and (b) a report pursuant to the mental hygiene law.
So, only if the failure to recertify resulted in a conviction under penal law 265.01-b (criminal possession of a firearm, a class E felony- failure to recertify must be done knowingly). Then someone would be disqualified from possessing any gun and the procedure would kick in.

This section of law provides for seizure of long guns and pistols under two conditions: revocation following conviction of a felony or serious misdemeanor; or a revocation due to a mental health “danger to the community” finding.

I didn’t check with my fellow politicians, as you suggested. I don’t think they  understand the law. I checked with an attorney who handles penal law issues. You can’t take a section of the law out of context.

As I noted in my most recent e-mail to you, to have your guns seized after failing to recertify requires that you first be charged with, and convicted of, a felony. This is the due process required in the law.

I trust this addresses your concerns.

Cordially,

Jim
View Quote
Thanks.  The follow up email does little to prove arrests won't be made of those who did not recertify and that ALL firearms will not be subsequently confiscated.  No mention at all of whom will bear the burden of proof that a person did not knowingly fail to recertify.  I'll go out on a limb and guess that permit holders may beat the rap, but they won't beat the ride or possess their firearms while the process drags out.  Overall, just a weak attempt to put lipstick on a pig.
Link Posted: 2/19/2018 8:23:04 PM EDT
[#20]
I mailed mine with signature about 2 weeks before the deadline.

I just checked my status.  It said to check back later.

I sincerely hope that enough people sent the paper form instead of filling out online.

Seriously, if you did it online, why?
Link Posted: 2/20/2018 12:13:33 AM EDT
[#21]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

The issue for some people is that this creates a list of guns tied to their owners at the state level.
View Quote
I re-certified at the beginning of October via internet and got an instant confirmation that I was done.

At the end of the month, I bought another handgun and sold two.

In November I bought another.

In December I bought one more and sold one.

In January I sold another one.

In February I bought another.

Five years from now I'll do the same thing.  I get bored anyway.
Link Posted: 2/21/2018 12:08:31 PM EDT
[#22]
Couple years I'd say.
Link Posted: 2/21/2018 1:40:15 PM EDT
[#23]
This time there was no "fee" for re-certification but I strongly suspect that will change in the future as a means of generating revenue for the state.
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