User Panel
Posted: 8/14/2007 12:21:43 PM EDT
After about 2 months of waiting I finally got the call from the Tioga county sheriff for me to go pick up my transfered Pistol Permit thankfully unrestricted. I originally had my permit in Greene County which was full carry unrestricted and was afraid the Tioga would restrict it to range and hunting only when I went through the transfer process due to some things I heard from locals I work with. It is so frustrating to have my right to defend myself decided by some judge on a whim. Well kind of a rant but I am just happy to keep my carry legal
Anyone else had any troubles transfering counties? |
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carrying outside a restriction isnt illegal. toss a .22 and some targets/ammo in your trunk. im always on my way to or from the range...duh |
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Dieter, understand that the issuance of a permit is an administrative function and largely at the whim of the judge. A police officer can not arrest you for carrying outside your restrictions and he or she may refer it to the judge. Your excuse that you were on your way to the range may or may not pass muster. Unless you are a member of a 24 hour indoor pistol range, you won't even stand a chance with that excuse depending on the time of day. Once before a judge, they can revoke or suspend your permit pretty much at whim. You can article 78, but chances are you WILL lose and it will cost you a good deal of money to lose.
The fact is the restrictions legally mean nothing. They do however have a very real effect in that they can be the basis for a judge to take action. You are playing a game of roulette. While I certainly would never tell you what to do with your life, and certainly agree with the sentiment that you are expressing, I once again find your advice to be lacking and in total disregard for the real world ramifications of following it. I would advise against trying to go this route. I'm just curious, you carry against restrictions and go to say the movies. Many theatres in the capital region hire off duty officers to act as security. Somebody sees a suspicious bulge under your shirt and tells security. They approach you and ask, and you inform them you have a permit. They run the permit and it is valid, though they note your's is restricted... and you comeback with... "I just came bacl/am going from/to the range." How well do you think that will work for you? You don't just have to worry about interacting with law enforcement at a traffic stop, where the excuse MIGHT work... There are any number of instances where day to day life could expose you. Hell I was carrying beneath my jacket and under a sweater last fall. No print whatsoever, but I happened to back into a guy in line at Stewart's and he felt the pistol brush his hand. Completely inadvertent. He pulled out his shield and identified himself and asked if he could speak with me for a second. He asked if I had a firearm and I responded that I did have my licensed pistol on my back right hip. He asked to see my permit, which I keep in my shirt pocket. I produced it, he examined it... we were cool. Just goes to show things can happen anywhere at any time. Had I possessed a restricted permit, he would have been within his rights to report it to the judge. Like I said, I would not consider pulling the range ploy... you don't think every cop and judge in the state knows of it? |
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I held off on transfering mine to erie from chautauqua
I finally had to and it transfered restriction free the chautauqua county clerk said she thought they always transfer with the same restrictions, or lack there of, as how they currently were in the original county. I don't know for sure, I'm just glad mine didn't change I did notice that erie has a line on the card for restrictions (in my case it has the word "none" typed in). Chautauqua's doesn't even have a line for it, but it's rural there and pretty much shall issue |
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knowledge I just have alot of people ask me questions concerning concealed carry and I would like to have the actual legal reference to work off. Great info though. I never knew that people who carried outside of restrictions were not breaking the "law" per say |
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all i would say is.. -drive the speed limit -get a good holster and learn to carry properly -dont put yourself in a poor situation to begin with in my head, this is what i am thinking.. either disreguard/skirt a rediculous judge's order which has zero legal ramifications aside from MAYBE my permit being yanked....or be without a means to defend myself. goes back to, would you rather be carried by 6 or judged by 12. Not even breaking the law in carrying outside restrictions, just disobeying the judge. i DO goto the range at weird hours, and not return immediatly after going..nor do i do a direct route there always. Ive got a .22LR in my trunk, some targets (some shot up), .22LR ammo, 9mm ammo, hearing protection, eye protection, my range user card/ID card, and my range electronic access card. prove that im going to the range if i stop for ice cream with a friend? ive got a trunk full of stuff that says im going to the range. Prove that I am NOT going to the range, thats impossible. |
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I'm in Tompkins...if you need someone to shoot with, feel free to drop me an IM.
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are you sure about this? this is without a doubt one of the stupidest things I have ever seen in my life...why oh why do they give a rat's ass how many handguns you own.
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The judges aren't alone. There was a local burg/ home invasion today: www.theithacajournal.com/apps/pbcs.dll/article?AID=/20070814/NEWS01/70814007 Note the little blurb at the bottom and then the comment in the local forums section from Dogpedal: forums.theithacajournal.com/viewtopic.php?t=6983 |
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There has to be some legal recourse for that. Isn't the whole purpose of the permit application and issuance to insure that the individual is deemed "fit" to own firearms? Why should a judge be able to limit the amount of handguns you purchase? If you have the means to purchase it and have a permit why should the judge care? Do these Judges really have that much free time to waste counting handgun purchases? They should spend more time hearing criminal cases and less time hasseling legal gun owners |
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yep, printing in public in NYS even with a unrestricted permit is enough to have your permit yanked. They warned us about it in my pistol safety course when I took it. they give a rats ass about how many pistols I own cause...I might be selling my junker pistols like my two USPs to gang bangers or drug lords obviously. OHHH NO, two of the same gun! I am up to 13 pistols now...I waste no time in buying. |
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yep, its ridiculous alright.... if the judge is worried about a few pistols, my god...he must have no idea about all the AKs ive got Ohhh no, the EBRssssss are coming for the childrenssss
Yep, I was fuming when I got this letter. Being away at college (senior year), my parents got the letter in the mail box. They had no idea what to think, they were waiting for a knock on the door from the police or alphabet boys. I did contact the NRA about how the judge put a hold on issuing purchase coupons for my pistols which were already paid for and sitting at the local shop near my college...got no reply. Some use they are. Sorry, but what happened was borderline criminal in my mind. |
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Sometimes I think that the NRA sees us as a lost cause. They can make more money and political hay in established progun states than trying to save the suckers behind the lines. Sure they help with the Sportsman stuff but thats as far as they are willing to go. |
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I would have to disagree with this. The officer involved may not know that, and it will surely ruin your day until things get straightened out. With guns involved they're more likely to err on the side of safety and again it will ruin your day at best. "If you are upstanding (which you should be, having a permit and all), and not up to no good, you should be fine." "Should"s aren't very comforting. |
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What would expect the NRA to do? Call up the judge and say you can't do that? NY's highest court has repeatably stated that you have no individual right to possess a firearm in NYS.
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What section of the PL would he/she charge you with violating? The NYSP Legal Division issued a memo years ago that Troopers and Police Officers in NYS are not to make an arrest if the subject has a valid NYS pistol license and has not committed any other criminal offense such as menacing etc. |
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Correct, they CAN arrest you for anything... the question is will the arrest withstand scrutiny. The law is clear, there are only a few types of permits allowed by law. Carry, residence, business if I recall correctly. The Court of Appeals ruled that the issuance of permits is an administrative process and the administrative authority may apply restrictions as a ministerial function. If you are outside NYC, have a carry permit, you can not be convicted for carrying illegally (yes, the officer COULD arrest you). You have not broken the law, what you have done is violate the administrative restrictions placed on the permit. This is grounds for revoking the permit, but no crime has been committed. Dieter do what you want, you clearly know everything and nothing contrary to what you "know" will even register. Yes, the rules suck... but trying to get cutesy might very well bite you in the ass. There are officers who are decidedly anti-gun, such as the New York State Trooper who taught a security course at an agency I once worked at. He clearly stated that anybody who owned more than a box or two of "shells" for a gun was stockpiling ammunition and a reason for concern. Pure unadulturated baloney, but imagine if he was the one who performed a traffic stop on you. Think he wouldn't question why you were carrying against restrictions? And I guess I run into a more educated breed of officer than you do, the ones I have met (and its quite a few) know full well what the restrictions are all about. Good luck, be safe and I hope you win your battle to remove the ridiculous restrictions. Know this, IF you carry against your restrictions (1) you might lose your permit, (2) you certainly will not succeed in convincing the judge to remove your restrictions down the line, not after you thumbed your nose at him. And yeah, it is bogus that the judge took issue with how many pistols you purchased. You are photographed, fingerprinted, and thoroughly checked out... Last I checked you can only fire two at once. Why the judge would be concerned if you owned a few is beyond me. Then again, the courts have pretty much given them carte blanch to play those games. |
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to possess a firearm in NYS..right.. look at DC now, even thats changed. I dont see how they could eliminate the notion of the 2nd alltogether, thats not feasible I dont believe. maybe to carry a firearm, but simply possess/own, is a different deal. and id of expected the NRA to at least send me a reply of some sort...instead all I get is reminders that my membership is about to expire. They NEVER fail to remember to send me THOSE messages. |
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I have absolutely no doubt that my judge would pull my permit with a smile on his face if I carried outside my restrictions and got caught.
Not only that, he would probably grieve me to the local bar. "Conduct prejudicial to the administration of justice" or something like that. When I appealed my restrictions, I produced police reports detailing violence committed against my clients by their spouses, ex's, etc. He sent back a letter telling me that those were threats against my client and not me, and therefore I had no need for a carry permit. |
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The DC Circuit's opinion is binding only in DC. The Second Circuit has not directly ruled on a 2nd Amendment issue. NYSCOA opinions are clear that the state recognizes no individual right to own firearms. With no federal protection to overrule that holding, we are SOL for the time being. I think a favorable ruling on Parker in SCOTUS will change things in this state. |
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that letter is lame
around here the judge wouldn't know you were planning on adding a gun until after it was added, that's if they even care |
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Same here. I can't get a carry permit but I could add 50 pistols to my permit in one day. |
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i wonder yet what would happen if i didnt acknowledge his letter? probably would have my pistols sitting at the dealer still... i love having to explain why I buy what I do... |
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Not probably - that is exactly what would be happening. |
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Move back to Otsego County and transfer your permit. All restrictions will go away. No BS with waiting for coupons. No BS with the judges unless you f up and get a DWI or something like that. You already lived there while going to school- you are still young- move back down there and get a job- apply to OPD etc. |
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i have a bunch of apps in all over, Border Patrol, NYS Troopers, ATF, NSA, etc. No testing for local PDs until the start of next year unfortunately. If you go LE, the restrictions wont exist. Right now I am going to be writing another letter to the judge to try and get the restrictions removed. My boss is also hopefully going to be writing a letter for this cause. |
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Hate to break it to you, but cops often get restricted permits. That was the reason the State Police got the law amended to make the agency an issuing authority for Troopers. Yes, State Police were receiving restricted permits.
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I confess to not reading all the replies (just the 1st few) so..............
I have a problem with the guy who "bumped" into some other guy in plain clothes who then whips out a badge and wants to question if the guy had a concealed firearm. If that were me, i would've told the guy it's none of his business.....and if he wants to make it his business, he needs to contact the local police and get a search warrant. I'll be dammed if i answer some plain clothed "idiot with a badge". 2nd, about the permit restriction thing......if it says "Target & Hunting", that's it. The restriction is right there. Of course there's a big gray area but it's a restriction open to interpretation. While you may be within your right, you may lose your permit because of it. Does it suck? You bet, but that's how it goes. Hopefully you'll never get busted. |
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Ok, read a few more replies.......
Dieter, if your ambitions are to be a police officer, you're going about it the wrong way. Don't buck the system, it may cost you your future career. If you're fortunate enough to land your dream job, they reward you with a gun and H.R. 218. About the number of handguns....what if you wanted to purchase a collection someone else as selling.....say, 8 handguns? What then? Can't do it? |
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HR 218 would seem to be a cop's Holy Grail... but agencies have been known to place restrictions on even that. Some agencies restrict the handgun you may carry off duty, require that you carry certain types of ammunition that might be illegal in various jurisdictions. It was a definite improvement over what was happening before, I still shake my head that the Troopers ever had to get the law changed so that they could issue permits to their own officers. I'm not sure if it still holds true, but in days gone by Troopers were told if you were not on duty, or assigned to NYC, you were NOT to carry a handgun in NYC.
Some days I really wish there was a federal carry permit that trumped state laws. I'm all for state's rights, but whatever happened to equal protection? We would never allow a law that said you could practice XYZ religion, but only if you are investigated, finger printed, photographed, registered all religious relics like bibles, crucifixes, rosaries and palm fronds... and only excercised your right between the following hours and at the following locations. |
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Not only that but some departments will not allow a PO to even have a pistol license. I don't think he's aware that every acquisition/disposition of a handgun by a PO (including duty weapons) must also be registered with the NYSP Licensing division. The acquisition/disposition registration form sent to the NYSP must be signed off by the authorized LEA person and the PO is also required to obtain a letter authorizing the specific purchase. Some departments will only allow a PO to purchase a handgun for BU/OD use from a list of authorized guns. The days of a PO walking into a dealer, flashing his shield (with no other authorization) and walking out with a new handgun have been gone for many years. |
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Some departments due to liability concerns will not qualify retired officers as required by HR218. |
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Some? i think its still "most". |
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All of my coworkers are issued permits with all of the standard overstamped restrictions. |
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I don't doubt that it's most. I don't know for sure though. |
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It happened in a public area. That would be "reasonable cause" and might get you a charge of "failure to obey the Lawful order of a police officer: |
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Yeah I just kind of ignored that advice... I have a pistol on me with a permit that can be revoked at will. He has a badge, firearm, cuffs and a whole lot of back-up. Getting lippy with him was the last thing on my mind. The funny thing is, I bump into him at Stewarts all the time now. He just smiles and nods at me, he knows I'm likely carrying and he knows I'm one of the good guys because I wasn't an asshole. What do you want to bet that if he ever pulls me over he is going to remember the fact that I was respectful? |
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oh boy, now off duty polizia can go around "bumping" into people and instead of
just sayin' "excuse me" they can ask ya what you're carrying...... ....come on, jeeze, what if you had some kind of physical prosthetic device like a back brace or something along those lines...what gives him or anybody else the right to check into it further? bump into me and ask if ya can talk to me for a second, "yeah right", that'd be my reply... well at least after he bumped into ya he was discrete about the hard-thing he felt and didn't just blurt out "..is that a pickle in your pocket or are you just glad to see me?" |
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This might be hard, but try to stick to the argument being made, not the one you WANT to argue. I was clear, it was me who backed up away from the counter and ME who backed into the officer. The officer did not bump into me looking for anything, just wrong place wrong time for me. |
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So, it was a uniformed officer?....or was it an "undercover" officer who showed you his credentials? If it was a uniformed officer, disregard my previous post. If it was an undercover, i stand by my comments.
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Undercover is not required to be uniformed, and he had a detective shield and a handheld radio... he has all the authority that a uniformed officer has. Simply unbelievable the attitude some people have.
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Sorry but there's no way i would have complied to his questioning. I would've respectfully request him to have a uniformed officer come to the scene and i would be happy to answer his questions. That's not being unreasonable in this day and age with all the "fake" cops running around. I too can get a detectives badge and two way radio via eBay.
And i hope you didn't take my original post as an "unbelievable attitude". There's nothing unreasonable about it. EDIT for info Case 1 Case 2 Case 3 Case 4 ....all recent NY cases |
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And you would likely lose your permit as stated above for not following a lawful order. Revocation would SOLELY be at the Judge's discretion and you would LOSE any Article 78 because the decision by a judge to remove the permit of somebody who refused to comply with the order of an officer who has identified himself would not be considered arbitrary nor capricious.
I'm sorry, but you are just plain wrong. You can give whatever justification you want, but the point is he identified himself, showed identification and acted in a manner allowable for a police officer. You do not get to refuse the orders of an officer because he was not in uniform. But be my guest and do what you want, but don't come here and complain IF a judge revokes your permit should you find yourself in the same situation as me and you take the course of action you suggest. So I'm curious, very few federal agents wear uniforms. If one approached you, showed you his ID and told you that you were under arrest... would you resist since anybody could have a fake ID? Would you refuse to follow their orders? Wouldn't somebody able to obtain a fake shield and police issue radio not also be able to obtain a fake uniform? |
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I'm not going to argue with you but i disagree. From the way i see it, i'm not wrong. And if approached by a FED in your example, i would request either a supervisor or a uniformed officer to the scene. Again, that's not an unreasonable request when you doubt the authenticity of someones ID. Glad it worked out for you but i would have taken a different approach. It doesn't mean the approach i would have taken would've ended up getting me in trouble. It very well may have ended up the same as yours albeit a little longer. |
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A NYS Pistol Permit is revocable at any time for any reason or for no reason at all. It is solely at the whim of the issuing judge. All the LEO needs to do is call your issuing judge and say you were disrespectful and uncooperative - even if you weren't, it's your word against his. Many, many judges would not hesitate to yank your permit. With the precarious position that Pistol Permit holders are in, it is best not to put yourself in a position where this might happen. You may be well within your rights to act as you suggest, but that doesn't shield you from adverse consequences. |
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Sadly, the way you or I see it doesn't mean spit. The judges have pretty much unlimited latitude in their administrative function so long as the decision is not arbitrary or capricious.
Do you think for one second that the Court of Appeals which allowed a restriction scheme to stand, that allowed non-issuing judges to modify permits that were issued by other judges (i.e. placing restrictions on them), that allows judges to decide you have too many pistols and order you to dispose of some to get to a set number (common in Albany county), refuse to give amendments for certain pistols because they are clearly not suitable for target purposes (i.e. a keltec p32 to somebody with a restricted permit) is going to accept YOUR version over that of an officer who identified himself and gave you an order? Yeah... it COULD work as you think it might, I however don't like them odds. Your permit, you do what you want, I however could not concur with your advice. |
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jrkarp & HiramRanger, thanks for your opinions. While they have validity to them, i'll stick to what i feel comfortable with.
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Like I said Sir, I wouldn't dream of telling another adult what to do. I however feel compelled to offer the counter-argument to what I feel is bad advice since one of the purposes of these forums is to educate. Knowing both sides of the argument, if somebody wishes to embrace your view, I have nothing to say about it. I would just hate for somebody to get pinched and to think, hey, thy said on ARFCOM that....
I hold no ill-will, and I understand where you are coming from. We just see it differently. |
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Agree also with you. People shouldn't take what's written on a forum as the supreme answer. What works for me may not work for you.
Oh well, at least we can agree on this |
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No one on this or any other Internet forum should ever rely on the "legal" information provided by anyone. Anything posted here is simply for discussion purposes. If you have a legal question or issue the only person who can properly advise you is your personal attorney.
As other's have said you would be foolish to carry outside of any restrictions placed on your pistol license. If you do just make sure you are prepared to accept the consequences of your actions. |
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