Howdy all,
I was wondering if any of you had more information concerning the unbelievably difficult procedure on carrying concealed with an UNRESTRICTED license in NY State. I have returned from active duty, and as much as I would say "Fuck it, I'm moving to Texas" (or Florida or damn near anywhere south of the Mason-Dixon besides Maryland), this is my home. I grew up here, and even though we elect communist Senators and have the harshest tax environment in the country, this is still my home... I can't lift my 200 acres where my 33 year naval veteran grandfather is buried and move it south to a friendlier state.
Now that I'm off active duty, I have taken to wanting to carry concealed, but if any of you are NY residents, you know full well the difficulties if you live in the "wrong" county. Here in NY, we have the racist Sullivan Act; around since 1911 to give local jurisdictions the final say in the issuance of a state licenses so that back then, no Jew or Italian would ever have "just cause" to carry a firearm. I urge you all to read the excellent Suzanne Novak article, "WHY THE NEW YORK STATE SYSTEM FOR OBTAINING A LICENSE TO CARRY A CONCEALED WEAPON IS UNCONSTITUTIONAL" from the Fordham University Law School.
<http://www.nysrpa.org/novak.pdf>
Here in Broome County, the county judge oversees all pistol permit issuances, and he can "amend" a state conceal-carry (all posession licenses in NY are either premises or concealed-carry). 'Round here, we have the extremely liberal Judge Matthews, who has not issued a non-amended CC license to anyone, including cops who wish to carry a non-issue weapon while off-duty, or our local state assemblyman Bob Warner. What's funny is that in neighboring Tioga county, the judge will pass every license as unrestricted when the background check clears. I could have "changed my address," but then I'd be in violation of my license if I lived in Broome County.... NY is very clever. So, right now I have a "Travel to and from hunting and target shooting activities" license.
From what I've read, because of the vagueness and arbitrary nature of how one is to "travel" to and from the hunting or target practicing activities, you can not be prosecuted for carrying your weapon while making a few "stops" in-between (that may last a few months) your range visits. What can happen, however, is the officer who finds you carrying outside the restrictions of your license can file a statement to the issuing officer (the judge... Mr. Matthews), and he can pull your license. Any thoughts on this? Any fellas out there who carry in NY? What are your experiences?
Not that I can start carrying right now anyway...I just purchased my first pistol: Ruger P90. It's not exactly a carry-friendly machine.
After reading the Novak article, doesn't it seem that this law could be challenged in the NY court system (which will defend it) and then travel on to district and (possibly) supreme court levels? Hey, if a dumb broad like Anna Nicole Smith can make it into the Supreme Court, surely I have a small chance in hell. Now that the dubya has shaped the court with individuals who actually have some appreciation for the Constitution, such a case would probably have a fighting chance if it ever made it into the court.
How would a group of New Yorkers go about starting the process. I'm a Marine, and I like fighting uphill battles with communists. It's what we do.
Cheers everyone.
"Our Country won't go on forever, if we stay soft as we are now. There won't be any America because some foreign soldiery will invade us and take our women and breed a hardier race!"
"All right, they're on our left, they're on our right, they're in front of us, they're behind us. They can't get away this time."
- Lewis B. "Chesty" Puller, USMC