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Posted: 7/21/2006 10:09:08 AM EDT
[Last Edit: 8/22/2006 5:24:22 PM EDT by fp1201]
We've covered this before and I'm going to make a third attempt at bringing thi to light.
In Jefferson County, the PP office charges $3.00 for each handgun added to your licenses, be it on one amendment sheet or not. Maximum of three per form for a total of $9.00 They do not charge to remove, if it's on the same amendment.
This time it's going to the DA's Office, since the person in charge has been doing it "her way" since the dawn of time, there's been no room for discussion.
I wonder how it would go over in the local rag: County resident bring suit against county for overcharges on handgun licenses.

It's really not about the money, just a snip at the arrogance displayed when the subject was broached.
Link Posted: 7/21/2006 1:02:40 PM EDT
Contact SCOPE - I understand that they are taking the Orange Co. Clerk to task for overcharging. They may be able to give you some help.
Link Posted: 7/21/2006 1:36:51 PM EDT
[Last Edit: 7/21/2006 1:38:34 PM EDT by rkbar15]
The fees for pistol licenses are set by statute. See the opinion of the NYAG that states one $3.00 amendment fee covers all transactions made at the same time.

caselaw.lp.findlaw.com/nycodes/c82/a72.html


New York State Consolidated Laws

Penal

ARTICLE 400
LICENSING AND OTHER PROVISIONS RELATING TO FIREARMS

§ 400.00 Licenses to carry, possess, repair and dispose of firearms.

……………………………………………………………………………..

14. Fees. In the city of New York and the county of Nassau, the annual
license fee shall be twenty-five dollars for gunsmiths and fifty dollars
for dealers in firearms. In such city, the city council and in the
county of Nassau the Board of Supervisors shall fix the fee to be
charged for a license to carry or possess a pistol or revolver and
provide for the disposition of such fees. Elsewhere in the state, the
licensing officer shall collect and pay into the county treasury the
following fees: for each license to carry or possess a pistol or
revolver, not less than three dollars nor more than ten dollars as may
be determined by the legislative body of the county; for each amendment
thereto, three dollars,
and five dollars in the county of Suffolk; and
for each license issued to a gunsmith or dealer in firearms, ten
dollars. The fee for a duplicate license shall be five dollars. The fee
for processing a license transfer between counties shall be five
dollars. The fee for processing a license or renewal thereof for a



See the NYAG opinion:

www.oag.state.ny.us/lawyers/opinions/2005/informal/2005_7.pdf
Link Posted: 7/21/2006 2:37:01 PM EDT

Originally Posted By rkbar15:
The fees for pistol licenses are set by statute. See the opinion of the NYAG that states one $3.00 amendment fee covers all transactions made at the same time.

caselaw.lp.findlaw.com/nycodes/c82/a72.html


New York State Consolidated Laws

Penal

ARTICLE 400
LICENSING AND OTHER PROVISIONS RELATING TO FIREARMS

§ 400.00 Licenses to carry, possess, repair and dispose of firearms.

……………………………………………………………………………..

14. Fees. In the city of New York and the county of Nassau, the annual
license fee shall be twenty-five dollars for gunsmiths and fifty dollars
for dealers in firearms. In such city, the city council and in the
county of Nassau the Board of Supervisors shall fix the fee to be
charged for a license to carry or possess a pistol or revolver and
provide for the disposition of such fees. Elsewhere in the state, the
licensing officer shall collect and pay into the county treasury the
following fees: for each license to carry or possess a pistol or
revolver, not less than three dollars nor more than ten dollars as may
be determined by the legislative body of the county; for each amendment
thereto, three dollars,
and five dollars in the county of Suffolk; and
for each license issued to a gunsmith or dealer in firearms, ten
dollars. The fee for a duplicate license shall be five dollars. The fee
for processing a license transfer between counties shall be five
dollars. The fee for processing a license or renewal thereof for a



See the NYAG opinion:

www.oag.state.ny.us/lawyers/opinions/2005/informal/2005_7.pdf

Thanks!

Also, the idea about contacting SCOPE might prove useful.
Link Posted: 7/22/2006 4:59:41 AM EDT
www.ocshooters.com/newsletters/06/04.htm#pistoldept

Orange County Clerks Office looking at Pistol License Fees and Amendment Fees

NY law allows counties to charge from $3 to $10 for your Pistol License Application. Orange County always collected the $10 fee when you turned in the application but starting 1/1/05, the Pistol Permit Department started charging the $10 fee when you pick up your application packet. Nothing in the law states when the county can collect the fee and some counties across the state charge the fee when you pick it up and some when you turn the application in. The advantage of the county charging the fee up front is they do not have to make up, (it does take a lot of time to order all of the forms and put them together and it does cost money,) three or four application packets for every application that is turned in. (That adds up to several thousand application packets for the average of 443 applications turned in each year over the last 7 years.)
Also starting early in 2005, the Pistol License Department started charging $5 per gun per when you put in an amendment. Unfortunately, this change does not comply to NY law that only allows the counties to charge $3 per amendment.
John Darney sent a letter asking about the changes and I called on 4/25/06 and they said that they had turned the letter over to the legal department, something that they should have done before they changed the amendment fees to start with.
PL § 400.00 Licenses to carry, possess, repair and dispose of firearms.
14. Fees. ... Elsewhere in the state, the licensing officer shall collect and pay into the county treasury the following fees: for each license to carry or possess a pistol or revolver, not less than three dollars nor more than ten dollars as may be determined by the legislative body of the county; for each amendment thereto, three dollars, ... The fee for a duplicate license shall be five dollars. The fee for processing a license transfer between counties shall be five dollars. The fee for processing a license or renewal thereof for a qualified retired police officer ... retired sheriff, undersheriff, or deputy sheriff of the city of New York ... retired bridge and tunnel officer, sergeant or lieutenant of the triborough bridge and tunnel authority ...retired uniformed court officer in the unified court system, or a qualified retired court clerk in the unified court system in the first and second judicial departments, ... or a retired correction officer ...shall be waived in all counties throughout the state.
Link Posted: 8/16/2006 6:25:12 PM EDT
FWIW: Copys of the ruleings and supporting documents were submitted to the Sheriffs Office/ Pistol Permits section: So far theres been no response.
Link Posted: 8/17/2006 5:23:53 AM EDT
www.ocshooters.com/newsletters/06/08.htm#fees

Orange County Pistol Department rolls back amendment fees.

The Orange County Clerk's Office has decided to roll back the fee that is charged when you add or remove a gun from your license using an Amendment. Last year they raised the fee from $3 per gun, (the fee for the last 15 years,) to $5 per gun. No one really noticed until SCOPE sent letters out to all of the county pistol departments across the state reminding each county that the fee as set by NY Penal Law article 400 is $3 per amendment. John Darney followed up the SCOPE letter with a letter of his on and other groups like the Orange County Federation also started to request that the fees be returned to the previous $3 amount and the fee was reduced on August 7th.
The Fee will be $3 for the old style paper amendment that you have to carry with you. If you have a new plastic style license then they give you an option for the Plasticard version that will cost $5.
The Orange County Clerk's Office is still researching the per gun vs per amendment fee and we hope to have that resolved soon.
Link Posted: 8/17/2006 4:40:10 PM EDT
Well at least nobody had to use Article 78 over the two bucks
Link Posted: 8/18/2006 7:35:27 AM EDT
If you are acquiring/disposing of several handguns it could amount to $25 dollars (or more) per amendment when state law restricts the fee to $3 per amendment. In addition some counties are/were charging additional fees in excess of the state authorized $10 fee to apply for a pistol license. The pistol licensee is expected to follow the letter of the law. The licensing authority should be held to the same standard.

Link Posted: 8/18/2006 8:38:06 AM EDT
I did recieve word back from SCOPE, they had been working with Orange county and they agreed to return their fees to the prescribed $3.00
The DA's Office asked me to bring in or fax over the information supporting the claim that the Jefferson County Sheriffs office is overcharging for amendments....I'm wondering if they'll take this off the cuff, or require a legal type presentation, one would certainly hope for the easy way.
I could always give it to the Sheriff's opponent, being how the elections are comeing very soon.
Link Posted: 8/18/2006 8:41:15 AM EDT

I could always give it to the Sheriff's opponent, being how the elections are comeing very soon.


Brilliant! Nothing like a little political subterfuge to compel the processes of law.
Link Posted: 8/18/2006 4:25:20 PM EDT
RKBar15, that was sarcasm, but perhaps it didn't come through clearly. I for one am certainly tired of being abused by pistol permit section employees with god complexes and look forward to my move to the county to escape this incessant bludgeoning on every visit. 1PP makes an audit at the IRS look like a happy ending massage.
Link Posted: 8/18/2006 6:42:44 PM EDT

Originally Posted By Phil_A_Steen:
RKBar15, that was sarcasm, but perhaps it didn't come through clearly. I for one am certainly tired of being abused by pistol permit section employees with god complexes and look forward to my move to the county to escape this incessant bludgeoning on every visit. 1PP makes an audit at the IRS look like a happy ending massage.


I really can't complain about the ladys in the PP dept. because they've been a lot nicer than DMV. What I'm attempting feels like pleading "not-guilty" to the seat belt ticket the Trooper gave you instead of the speeding ticket.

Today, I did visit the DA's office and they didn't want to be bothered unless a complaint in writeing was submitted, and the same response came from the County Attorneys office, except they reccomended speaking to or better yet sending a letter to the Sheriff outlineing the complaint and CC'g a copy to the County Attorney.
Somehow I knew a simple issue that could be resolved with little fanfair, may turn out to be a real pissing match. Hope for the best, prepair for the worst.
Link Posted: 8/18/2006 6:50:15 PM EDT

Originally Posted By rkbar15:
If you are acquiring/disposing of several handguns it could amount to $25 dollars (or more) per amendment when state law restricts the fee to $3 per amendment. In addition some counties are/were charging additional fees in excess of the state authorized $10 fee to apply for a pistol license. The pistol licensee is expected to follow the letter of the law. The licensing authority should be held to the same standard.


There are a LOT of soldiers that come to Ft. Drum with handguns, and after going thru all the bullshit and expense of having a NYS and Federally licensed dealer process your handguns, having the county charge even more money in addition to the ~$150 bucks you had to fork over just seems rediculious. When I was at the Gunshop, an Army officer got his licenses and had us process 27 handguns...that cost him $54. more than it should have. At the risk of sounding a braggart, I have had over 50 handguns on/off my licenses, and that too adds up.
We shall see!
Link Posted: 8/22/2006 5:31:21 PM EDT
Went into the Sheriffs office today to add two revolvers: The ladys were a little "short" with me, but it was 5 minutes until quitting time. Started the amendment process when the head clerk said to me "We changed the amendment fee to three dollars"....I just said that's great and kept the grin just below shit eat'n. If there's more more than one amendment form (which has three big blocks) there will be another three dollar fee charged. Oddly enough both handguns were put into one block instead of using multiple blocks.
Doesn't matter as long as they follow the law.
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