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Posted: 7/20/2022 6:21:25 PM EDT
[Last Edit: fish223]
This is what we've been waiting for. From the GOA suit.
GOA requests injunction |
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Posted: 7/22/2022 9:31:16 AM EDT
[Last Edit: DaveM4P99]
[#1]
Quote HistoryOriginally Posted By Tahawus: Many of us do… Quote HistoryOriginally Posted By Tahawus: Originally Posted By Dopple: If we were leftists, we could just start ignoring the laws immediately. Many of us do… I mean with the new Thomas ruling it's pretty easy to ignore most of these laws. Pretty common sense that the government didn't have a history or widespread tradition of basically any of NYs gun laws. And that's the test. Only laws that are hard to ignore are the ones that ban the sale of things like AWs, ammo etc. Or require an impossible to obtain license to purchase, like the new semi auto rifle license. The rest you should and can ignore with this new standard. |
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Posted: 7/22/2022 10:02:27 AM EDT
[#2]
TEXT NOTICE re Motion [9] for Preliminary Injunction filed by Ivan Antonyuk, Gun Owners Foundation, Gun Owners of America New York, Inc., and Gun Owners of America, Inc.: An In-Person Motion Hearing is set for 8/23/2022 at 10:30 AM in Syracuse before Chief Judge Glenn T. Suddaby. (sal)
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Posted: 7/22/2022 10:05:27 AM EDT
[#3]
Quote HistoryOriginally Posted By NoloContendere: TEXT NOTICE re Motion [9] for Preliminary Injunction filed by Ivan Antonyuk, Gun Owners Foundation, Gun Owners of America New York, Inc., and Gun Owners of America, Inc.: An In-Person Motion Hearing is set for 8/23/2022 at 10:30 AM in Syracuse before Chief Judge Glenn T. Suddaby. (sal) Great. Many thanks for the updates! |
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Posted: 7/22/2022 10:21:41 AM EDT
[Last Edit: DaveM4P99]
[#4]
@nolocontendere
Are you worried at all the state will find some silly obscure early 1800s laws that are analogous to some of these crazy new NY laws? I mean even if they do come up with a dozen analogous laws from some podunk mountain mining camps in the 1800s, that still can't prove laws like that were common / in keeping with history and tradition of gun laws. I'm a bit worried the courts will err on siding with the state and punt it to the 2nd...which I guess is happening either way. And then...even if we do get an injunction in this federal court...will the state be able to ask for a stay of the injunction? Like they did in CA? I mean what's the point of an injunction if they just allow a stay of it shortly after the ruling? And if NY doesn't get a stay of the injunction, I'm betting the 2nd will take it up as fast as possible to slap gun owners down again...and punt it to scotus. End rambling. |
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Posted: 7/22/2022 10:39:56 AM EDT
[#5]
Just got off the phone with Nassau County and asked about upgrading my license.
Was told nothing has changed. They are awaiting direction from the state and the governor's restrictions. |
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NY, USA
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Posted: 7/22/2022 10:58:35 AM EDT
[#6]
Quote HistoryOriginally Posted By DaveM4P99: Are you worried at all the state will find some silly obscure early 1800s laws that are analogous to some of these crazy new NY laws? There is historical context on both the pro-2A and anti-2A side to cite. Bruen focused on the pro-2A history but people really need to pay attention to references in the dissent because I am 100% parts of it will be used by the various states defending their laws. Perhaps even successfully at the lower courts. |
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Posted: 7/22/2022 11:19:48 AM EDT
[#7]
Quote HistoryOriginally Posted By DaveM4P99: @nolocontendere Are you worried at all the state will find some silly obscure early 1800s laws that are analogous to some of these crazy new NY laws? I am not. |
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Posted: 7/22/2022 11:21:37 AM EDT
[#8]
Quote HistoryOriginally Posted By fighter443: Just got off the phone with Nassau County and asked about upgrading my license. Was told nothing has changed. They are awaiting direction from the state and the governor's restrictions. everything has changed. who is your licensing official there? |
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Posted: 7/22/2022 11:31:32 AM EDT
[#9]
Quote HistoryOriginally Posted By NoloContendere: everything has changed. who is your licensing official there? She answered the phone. When I asked the process for getting a full carry she said nothing has changed. Nassau county is awaiting guidance from "her" and the state. Valerie said I still had the restrictions on my permit. Valerie said the new law doesn't even go into effect until September and Nassau county is unsure if it will apply to the whole state and include NYC. |
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Posted: 7/22/2022 11:46:41 AM EDT
[#10]
Quote HistoryOriginally Posted By fighter443: I spoke with Valerie. She answered the phone. When I asked the process for getting a full carry she said nothing has changed. Nassau county is awaiting guidance from "her" and the state. Valerie said I still had the restrictions on my permit. Valerie said the new law doesn't even go into effect until September and Nassau county is unsure if it will apply to the whole state and include NYC. is valerie the person that would remove your restriction? the guidance came from the Supreme Court, so if "her" decision is predicated on "proper cause" which is unconstitutional, i would not like to be her at this moment. |
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Posted: 7/22/2022 12:05:31 PM EDT
[#11]
Quote HistoryOriginally Posted By NoloContendere: is valerie the person that would remove your restriction? the guidance came from the Supreme Court, so if "her" decision is predicated on "proper cause" which is unconstitutional, i would not like to be her at this moment. |
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Posted: 7/22/2022 12:35:55 PM EDT
[#12]
Quote HistoryOriginally Posted By NoloContendere: is valerie the person that would remove your restriction? the guidance came from the Supreme Court, so if "her" decision is predicated on "proper cause" which is unconstitutional, i would not like to be her at this moment. Several counties have taken similar stances. That there is some delay to the decision and it needs to be reviewed or somehow approved. |
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USA
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Posted: 7/22/2022 12:39:30 PM EDT
[#13]
Quote HistoryOriginally Posted By NoloContendere: everything has changed. who is your licensing official there? Quote HistoryOriginally Posted By NoloContendere: Originally Posted By fighter443: Just got off the phone with Nassau County and asked about upgrading my license. Was told nothing has changed. They are awaiting direction from the state and the governor's restrictions. everything has changed. who is your licensing official there? Schenectady county clerk is saying the same thing. Bullshit |
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USA
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Posted: 7/22/2022 12:48:57 PM EDT
[#14]
Was it MLK that said "A right delayed is a right denied"..
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Posted: 7/22/2022 12:53:07 PM EDT
[#15]
Quote HistoryOriginally Posted By j1r11: Schenectady county clerk is saying the same thing. Bullshit Quote HistoryOriginally Posted By j1r11: Originally Posted By NoloContendere: Originally Posted By fighter443: Just got off the phone with Nassau County and asked about upgrading my license. Was told nothing has changed. They are awaiting direction from the state and the governor's restrictions. everything has changed. who is your licensing official there? Schenectady county clerk is saying the same thing. Bullshit My money is on the state held a Zoom training meeting for the various civil divisions and issuing entities and gave them the same line to use, in anticipation of a flood of people calling to have their permits upgraded |
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Posted: 7/22/2022 1:08:42 PM EDT
[#16]
One remedy would be an Article 78 proceeding against the county licensing official .
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Posted: 7/22/2022 1:15:32 PM EDT
[#17]
Quote HistoryOriginally Posted By ACDer: One remedy would be an Article 78 proceeding against the county licensing official . or a federal 1983 lawsuit for violation of the Second Amendment. |
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Posted: 7/22/2022 2:10:26 PM EDT
[#18]
Quote HistoryOriginally Posted By NoloContendere: See ya'll in Syracuse real soon...  This is getting argued in Syracuse? @nolocontendere I'll be there regardless. |
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Posted: 7/22/2022 2:34:01 PM EDT
[#19]
Quote HistoryOriginally Posted By tc556guy: My money is on the state held a Zoom training meeting for the various civil divisions and issuing entities and gave them the same line to use, in anticipation of a flood of people calling to have their permits upgraded If so, it would only be on a voluntary basis since in most of the state it's administered by elected officials. Wayne County's sheriff and county clerk put out a joint statement saying that anyone that wants their restrictions removed can come in and apply for an amendment, no paperwork required. |
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Posted: 7/22/2022 2:42:01 PM EDT
[Last Edit: DaveM4P99]
[#20]
Quote HistoryOriginally Posted By BushBoar: If so, it would only be on a voluntary basis since in most of the state it's administered by elected officials. Wayne County's sheriff and county clerk put out a joint statement saying that anyone that wants their restrictions removed can come in and apply for an amendment, no paperwork required. I wouldn't think anyone in Wayne (or Monroe outside the city of Rochester) would have restrictions anyway though, right? Still good on them for the gesture. |
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Posted: 7/22/2022 2:46:33 PM EDT
[Last Edit: emsjeep]
[#21]
Quote HistoryOriginally Posted By NoloContendere: everything has changed. who is your licensing official there? |
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Posted: 7/22/2022 3:14:51 PM EDT
[#22]
Westchester county is doing the same , I put in my amendment for full carry and was told by the clerk
that they are awaiting instructions from the state and that they did not know how long the wait would be , the Westchester co judges are the one's who sign off on amendments . |
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NY, USA
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Posted: 7/22/2022 3:38:58 PM EDT
[Last Edit: NonTypical361]
[#23]
I wouldn’t be filling out any paperwork for amendments that requests my email so that they can contact me when the time comes. Once they have your email, then they can do a search of social media and websites. I would either supply them with a burner email or better yet a phone number instead. Just state that you don’t have email and don’t use the web.
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Posted: 7/22/2022 3:40:00 PM EDT
[Last Edit: BushBoar]
[#24]
Quote HistoryOriginally Posted By DaveM4P99: I wouldn't think anyone in Wayne (or Monroe outside the city of Rochester) would have restrictions anyway though, right? Still good on them for the gesture. Quote HistoryOriginally Posted By DaveM4P99: Originally Posted By BushBoar: If so, it would only be on a voluntary basis since in most of the state it's administered by elected officials. Wayne County's sheriff and county clerk put out a joint statement saying that anyone that wants their restrictions removed can come in and apply for an amendment, no paperwork required. I wouldn't think anyone in Wayne (or Monroe outside the city of Rochester) would have restrictions anyway though, right? Still good on them for the gesture. I'm sure that statement was partly political but a surprising number of people don't ask for a full carry. |
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Posted: 7/22/2022 3:40:57 PM EDT
[#25]
Quote HistoryOriginally Posted By BushBoar: If so, it would only be on a voluntary basis since in most of the state it's administered by elected officials. Wayne County's sheriff and county clerk put out a joint statement saying that anyone that wants their restrictions removed can come in and apply for an amendment, no paperwork required. The permit issuance is an elected judge in most counties. But the permit holder has to make it past the people at the permit window, whether those are staffed by Sheriff or PD personnel. I suppose that someone could write directly to the judge with their request, and I have no idea if the judge would even read that letter. Most people have posted about going to their pistol permit window with the request to have the overstamp removed from their permit |
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Posted: 7/22/2022 3:48:19 PM EDT
[#26]
Quote HistoryOriginally Posted By tc556guy: The permit issuance is an elected judge in most counties. But the permit holder has to make it past the people at the permit window, whether those are staffed by Sheriff or PD personnel. I suppose that someone could write directly to the judge with their request, and I have no idea if the judge would even read that letter. Most people have posted about going to their pistol permit window with the request to have the overstamp removed from their permit A sheriff is also elected so (in this context) he's under no obligation to follow non-statutory directives from above. Same for county clerks. Now if it's a PD, that's a different matter. When I got a death threat, I wrote to my judge (directly) and he issued an order to the pistol licensing unit to amend my permit to "full carry" two days later. And I've had clients write directly to other judges and get direct responses. In Onondaga, at least, they do read them. |
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Posted: 7/23/2022 6:49:46 AM EDT
[#27]
Even threatened with lawsuits these officials are not going to relent.
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Posted: 7/23/2022 8:08:34 AM EDT
[#28]
Quote HistoryOriginally Posted By fighter443: Even threatened with lawsuits these officials are not going to relent. We need to bring 1983 claims against them for civil rights violations, no qualified immunity. One or two lose and you will see the attitude change quickly but on the other hand I can see the criminal NYS legislature indemnifying them anyway. |
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Posted: 7/23/2022 8:17:19 AM EDT
[#29]
Quote HistoryOriginally Posted By Tahawus: Many of us do Quote HistoryOriginally Posted By Tahawus: Originally Posted By Dopple: If we were leftists, we could just start ignoring the laws immediately. Many of us do |
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Posted: 7/23/2022 8:20:01 AM EDT
[Last Edit: Dopple]
[#30]
Quote HistoryOriginally Posted By fighter443: Just got off the phone with Nassau County and asked about upgrading my license. Was told nothing has changed. They are awaiting direction from the state and the governor's restrictions.  Attached FileWayne county seems more than happy to remove restrictions. Ontario county is doing the same. |
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USA
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Posted: 7/23/2022 8:47:19 AM EDT
[#31]
Rockland County Clerk is doing the same thing. They are denying current holders the ability to file for restriction removal with the judge. Judges are also apparently slow walking aspects such as adding a new pistol to a current license.
They are pointing people to their website which reads in part "they are awaiting direction from the state of NY on new protocols". This is in direct contravention to the decision in Bruen. Should we just be insisting they allow a filing with the judge for restriction removal, or should we start joining the lawsuits? |
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Posted: 7/23/2022 11:24:25 AM EDT
[Last Edit: NoloContendere]
[#32]
counties of Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Tioga, Tompkins, Ulster, Warren, and Washington.
I am going to work on letters to counties listed above that are not following bruen RIGHT NOW. If you know of a county listed above that is or is not allowing full non-restricted amendments right now, please let me know. Also, who takes the application for permits or signs off on lifting restrictions. |
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NY, USA
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Posted: 7/23/2022 11:33:14 AM EDT
[#33]
Can you please add the Suffolk County Sheriffs Dept to the list. Thank you
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Posted: 7/23/2022 11:35:53 AM EDT
[Last Edit: tc556guy]
[#34]
Quote HistoryOriginally Posted By NoloContendere: counties of Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Tioga, Tompkins, Ulster, Warren, and Washington. I am going to work on letters to counties listed above that are not following bruen RIGHT NOW. If you know of a county listed above that is or is not allowing full non-restricted amendments right now, please let me know. Also, who takes the application for permits or signs off on lifting restrictions. One of my customers stopped by for ammo this morning and mentioned that she'd just done a purchase amendment and they removed her overstamp. Wasn't Tompkins County, I thought that she said Oneida. I'll try to get a confirmation for you Edit: Onondaga |
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NY, USA
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Posted: 7/23/2022 11:38:32 AM EDT
[#35]
BTW, there are 2 different licensing agencies in Suffolk County. The Sheriffs and SCPD. They are independent of one another.
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Posted: 7/23/2022 11:52:08 AM EDT
[#36]
Quote HistoryOriginally Posted By NonTypical361: Can you please add the Suffolk County Sheriffs Dept to the list. Thank you I am limited to the counties listed. When I make a litigation threat, I have to be able to back it up with action. I am licensed in the Northern District which includes all counties listed. |
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Posted: 7/23/2022 12:03:17 PM EDT
[#37]
Quote HistoryOriginally Posted By NoloContendere: I am limited to the counties listed. When I make a litigation threat, I have to be able to back it up with action. I am licensed in the Northern District which includes all counties listed. 
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Posted: 7/23/2022 12:06:35 PM EDT
[#38]
You know Tompkins is going to fight this tooth and nail.
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NY, USA
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Posted: 7/23/2022 12:10:09 PM EDT
[#39]
Quote HistoryOriginally Posted By NoloContendere: I am limited to the counties listed. When I make a litigation threat, I have to be able to back it up with action. I am licensed in the Northern District which includes all counties listed. Quote HistoryOriginally Posted By NoloContendere: Originally Posted By NonTypical361: Can you please add the Suffolk County Sheriffs Dept to the list. Thank you I am limited to the counties listed. When I make a litigation threat, I have to be able to back it up with action. I am licensed in the Northern District which includes all counties listed. Hey no problem at all. I guess I misread your post. No worries. But I’d like to thank you for what you’re doing. Keep it up. |
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Posted: 7/23/2022 12:58:14 PM EDT
[Last Edit: tc556guy]
[#40]
Quote HistoryOriginally Posted By NoloContendere: Also, who takes the application for permits or signs off on lifting restrictions. Quote HistoryOriginally Posted By NoloContendere: Also, who takes the application for permits or signs off on lifting restrictions. For Tompkins at least you'd have to write a letter to the issuing judge to have your overstamps removed Originally Posted By Dopple: You know Tompkins is going to fight this tooth and nail. It was just last year that they agreed to expand the restrictions to "sportsmans". before that it was "hunting and target practice only" If Judge Barrett was still alive he would absolutely fight issuing unrestricted permits One of the current ones was denying all applications entirely for awhile, I'm sure he wont be a happy camper. |
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Posted: 7/23/2022 2:11:04 PM EDT
[#41]
Quote HistoryOriginally Posted By NoloContendere: I am limited to the counties listed. When I make a litigation threat, I have to be able to back it up with action. I am licensed in the Northern District which includes all counties listed. |
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Posted: 7/23/2022 3:07:19 PM EDT
[#42]
Quote HistoryOriginally Posted By emsjeep: Do you want an EDNY sponsor? |
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USA
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Posted: 7/23/2022 5:02:03 PM EDT
[#43]
If there is suggested language to provide the licensing and issuing authorities, let me know. I will trail-blaze here.
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Posted: 7/23/2022 6:58:38 PM EDT
[#44]
Quote HistoryOriginally Posted By emsjeep: Do you want an EDNY sponsor? Quote HistoryOriginally Posted By emsjeep: Originally Posted By NoloContendere: I am limited to the counties listed. When I make a litigation threat, I have to be able to back it up with action. I am licensed in the Northern District which includes all counties listed. Edny and sdny require me to be licensed in NY state. So, can’t do either of those. |
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Posted: 7/23/2022 7:16:05 PM EDT
[#45]
Quote HistoryOriginally Posted By NoloContendere: Edny and sdny require me to be licensed in NY state. So, can't do either of those. You ever want to make trouble downstate, I've been out of litigation a few years, but I'm always game. |
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Posted: 7/23/2022 8:12:08 PM EDT
[#46]
Quote HistoryOriginally Posted By NoloContendere: counties of Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Tioga, Tompkins, Ulster, Warren, and Washington. I am going to work on letters to counties listed above that are not following bruen RIGHT NOW. If you know of a county listed above that is or is not allowing full non-restricted amendments right now, please let me know. Also, who takes the application for permits or signs off on lifting restrictions. Are these some generic " to whom it may concern" type things or is there the possibility of some teeth involved if they simply plead that they're only waiting for the state to send them instructions at some random point in the next six months |
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Posted: 7/23/2022 9:20:17 PM EDT
[#47]
Quote HistoryOriginally Posted By tc556guy: Are these some generic " to whom it may concern" type things or is there the possibility of some teeth involved if they simply plead that they're only waiting for the state to send them instructions at some random point in the next six months Not generic. Targeted letters via certified mail. |
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Posted: 7/24/2022 8:24:39 AM EDT
[#48]
Quote HistoryOriginally Posted By NoloContendere: I am limited to the counties listed. When I make a litigation threat, I have to be able to back it up with action. I am licensed in the Northern District which includes all counties listed. Is there anyone licenced in the Southern District that we can reach out to for help? |
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Posted: 7/24/2022 8:24:46 AM EDT
[#49]
Quote HistoryOriginally Posted By NoloContendere: Not generic. Targeted letters via certified mail. I would love to see some ignore you and you go after them personally and have them lose their immunity. |
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Posted: 7/24/2022 12:01:48 PM EDT
[Last Edit: waldershrek]
[#50]
Quote HistoryOriginally Posted By NoloContendere: counties of Albany, Broome, Cayuga, Chenango, Clinton, Columbia, Cortland, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Tioga, Tompkins, Ulster, Warren, and Washington. I am going to work on letters to counties listed above that are not following bruen RIGHT NOW. If you know of a county listed above that is or is not allowing full non-restricted amendments right now, please let me know. What's the issue in Cortland? Cortland has only issued unrestricted permits as far as I know at least like 2005. What may be an issue there is the application process particularly requiring packets of information, references, notary's etc. |
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