Posted: 5/19/2008 11:41:32 AM EDT
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Hey guys, I'm trying to a help a good friend of mine get his CCW paper work done. We are both in Cayuga County and apparently things have changed since I got mine. It was shall issue for me, but he has been given another form after turning in all the usual stuff. This is asking for special reasons for the need of a CCW permit above the need for the general public. It says PERSONAL DEFENSE is not a viable reason. If it helps he is 31 and former member of the US Army, Iraqi Freedom veteran, and just finished up his contract with the National Guard. He is pursuing employment in private security, such as nuke facility security, ect. This is a pretty big reason for him needing the concealed permit, perhaps a valid reason? Any Ideas you can give me are greatly appreciated! Tom |
that's F-ed up... personal defense is one of the main reasons to carry... Here's a snippet from my letter to the Broome County judge for an unrestricted permit...
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| Oneida county has the same question. My wife and I were told that basically we needed to have some sort of business where we carry large amounts of cash, or something along those lines. She filed a DBA, and included me as a partner, and we filed. No luck, we both got restricted permits. |
wow, its nice to know that in the history of mankind only folks carrying large amount of money were the only people ever targeted by thugs... As long as I only keep $20 or less on me, I'll be safe wherever I go!  I'm curious if someone got denied an unrestricted permit, then they're shot and killed by some thug, could a family member sue the state, claiming that since he couldn't protect himself, the state implied that it would protect him from harm and was liable for his death? |
While that would, of course, be a very unfortunate event, with a good enough lawyer (or team of them) there may be a possibility. Even if the effort was successful it would still take another big fight to get unrestricted permits to become more attainable! But I'm in NJ so i dont know what this whole CCW talk is 
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Along these lines, Since the USSC has ruled that the police are not liable for your protection that is your reason for wanting to protect yourself. Then if they turn you down you might have a good basis to challenge. |
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Can't you just ignore the administrative restrictions, and carry anyway, then if you ever need to use it, (hopefully not) you can just say that obviously you did have a "special need" since you where already destined to be attacked, and the issuing officer made an "administrative error" by not giving you a full CCW. Or what about saying a known mass murderer has ordered your death? It's true too, osama bin laden has called for your, and my deaths, if that's not evidence of a life threatening situation, I don't know what is. |
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You could, but if you get caught, it's your ass. Some people may think it is worth the risk. The way I see it however, is that I have encountered more police officers than I have deadly situations. So the chances are greater that I could be caught carrying illegally than getting caught in a life threatening situation. I am very annoyed by this issue as well. I live in Saratoga County and I recently wrote the judge requesting removal of my restrictions stating my military background and handgun experience as well as swearing never to carry a weapon for any unlawful purpose and received a letter back saying that I don't meet any special needs. What a crock... |
If you get caught carrying on a restricted permit, the most that will happen to you is that you'll lose it as there's no penal code saying that judges can place restrictions on permits nor are there any that state a punishment for breaking these *illegal* restrictions. From the NY State Police website......
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your not a politician, you dont meet the requirements. sorry bye  ridiculous how things are  
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If a wrongful death lawsuit is filed by your family against someone whose actions result in your death, there would be a determination of the monetary compensation. That is, your life is worth a certain dollar amount. Probably a large one. If the county considers protection of large monetary sums viable, but protection of a person unviable, then I wonder how it would go if you put down that sum as the value to be defended. |
| If they bother to ask you to justify why you need an unrestricted permit, its because they don't want you to have one, and will only issue one if they absolutely need to. Tompkins County has been pulling the same stunt for at least 20 years now, and I'm sure the judges in the two counties, being contiguous to each other, learn from each others tactics. Be happy that Cayuga hasn't instituted a one week waiting period for each purchase like Tompkins has. |
Hit the nail on the head.
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Here's a good thread on it. www.ar15.com/forums/topic.html?b=1&f=6&t=712071 I can't help but think using this as a reason for wanting it unrestricted and being denied lays some ground work in the spirit of heller. |