Permit frustration

Discussion in 'Glock Forum' started by wrpNYFL, May 13, 2012.

  1. wrpNYFL

    wrpNYFL Premium Member Lifetime Supporting Member

    Imagine this... Friday 3:45pm called county court clerk to see if my permit is off a judge's desk signed for issuance. She says she just got it and I will get a letter next week to come and get my permit. Awesome! Then at 4:15 the mail arrives saying that my permit was declined because I filled the application out wrong. The catch is that what was said to be wrong is exactly how it is written in the law... I filled it out right...

    So, Monday 8:00am I will be at the court clerk's office to figure it out. I am hoping that the clerk was right, and that someone corrected the judge after the decline was sent...

    Wish me luck!!!
     
  2. Sad truth is many of these government employees act in a manner that they think you are there for them, rather than they are there to serve We the People. Second one is that we are conditioned to be happy when they grant us something that is already a right as guaranteed by the US Constitution.
     

  3. jonm61

    jonm61 New Member

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    I'm guessing you're in NY? Be glad you're able to get one at all. When I lived up there in '95, our judge refused to issue them without a very good reason. I've heard he's gone now, not that it matters...I won't be living in NY again!
     
  4. wrpNYFL

    wrpNYFL Premium Member Lifetime Supporting Member

    Yes. In Westchester County. The worst outside of NYC. I think this judge just doesn't know the law... Waiting for the court to open... Will update after my visit with the clerk...
     
  5. zipper046

    zipper046 Member Supporter

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    I was a NY resident years ago...Westchester and Dutchess counties. Westchester took awhile but they issued me one limited to hunting and target shooting. Dutchess county issues it for full carry (except in NYC). Funny how counties differ...I transferred mine to Dutchess when I moved there and they just updated the one I was issued in Westchester.

    Go see the clerk and if need be you can re-submit or appeal. I don't recall the process but it's doable.

    Z-
     
  6. CincyG27

    CincyG27 New Member

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    Amen to that. I live in NYC but I will never be a resident. My firearms stay in PA.
     
  7. Glock897

    Glock897 Member

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    How is White Plains these days? I haven't been there in years. I used to live in Yonkers.
     
  8. j102

    j102 Well-Known Member

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    +1000.
    Very well said!
     
  9. wrpNYFL

    wrpNYFL Premium Member Lifetime Supporting Member

    Sooo... It looks like an activist judge is loose in White Plains. He denied 33 target applications, all for checking the same box that the clerk has seen checked for 23 years....

    The good news is that there is pressure now from another judge, and apparently the State Police. I was asked to send a letter to the errant judge and they said it (and any other he gets letters from) WILL be reviewed. If all else fails, the other judge has asked for letters and will take up the cause...

    Don't you just love it when a judge decides to suddenly change the law by edict?

    I will contact NRA (I am a member) about this moron... Any additional thoughts would be appreciated.
     
  10. sgtcowboyusmc

    sgtcowboyusmc New Member

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    NYFL that stinks. Unfortunately places like NY, CA, Mass and a few other States feel it is a privilege for you to have a Fire Arm and they are the arbitrators of such privilege. As has been stated before go to the County Clerks Office and see what the problem is. Make sure you keep a cool tool while you are there and if it was denied then ask about the appeals process. Get everything documented! All else fails get a Lawyer! I hate Lawyers but they do serve a useful purpose. Also if you don't belong to a local group (Gun Club or Gun Rights Group) then get with them as they usually have a good collective knowledge and Gun Friendly Lawyers! Good Luck! and Keep us updated!


     
  11. wrpNYFL

    wrpNYFL Premium Member Lifetime Supporting Member

    All of my info came from the county court clerk. She is the one who got the second judge into the mix. She has been awesome calling me with each update. Been to her office twice today. I have been very nice to her. She is my lifeline in this... Been speaking with a lawyer too... I will let you know what happens.
     
  12. SHOOTER13

    SHOOTER13 RETIRED MODERATOR Sponsor Lifetime Supporting Member

    So...What did the box say ( that was "checked for 23 years" ) that caused this judge to deny your app ?
     
  13. wrpNYFL

    wrpNYFL Premium Member Lifetime Supporting Member

    The box says Carry Concealed. A few lines down is where you designate for Target. Plus, you add a Target Shooting attachment. In Westchester County, they issue a target permit as a restricted carry concealed. It's the only way you can get it...
     
  14. SHOOTER13

    SHOOTER13 RETIRED MODERATOR Sponsor Lifetime Supporting Member

    Gotcha...thanks for the clarification.

    Real glad I live in PA...
     
  15. RogerH

    RogerH New Member

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    well I'm glad i dont live in NY any more i grew upstate in cayuga county .I've live in oregon since 1975 just got my CHL . Oregon is a shall issue state so as lone as your not a convicted criminal or mental case. or have a restraing order . and have taken a class you get it
     
    Last edited: May 15, 2012
  16. wrpNYFL

    wrpNYFL Premium Member Lifetime Supporting Member

    Yeah, NY is a must issue state also... Fat lot of good that is with an activist judge.
     
  17. djs413

    djs413 New Member

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    NY is a "may issue" state, not a "shall issue" (what I think you meant by must) state.
     
  18. wrpNYFL

    wrpNYFL Premium Member Lifetime Supporting Member

    This is the wording from PL 400 in NY. I interpret this as "shall issue"... Unless there is a reason, as wih any state....
    4-a. Processing of license applications. Applications for licenses
    shall be accepted for processing by the licensing officer at the time of
    presentment. Except upon written notice to the applicant specifically
    stating the reasons for any delay, in each case the licensing officer
    shall act upon any application for a license pursuant to this section
    within six months of the date of presentment of such an application to
    the appropriate authority. Such delay may only be for good cause and
    with respect to the applicant. In acting upon an application, the
    licensing officer shall either deny the application for reasons
    specifically and concisely stated in writing or grant the application
    and issue the license applied for.
     
  19. sgtcowboyusmc

    sgtcowboyusmc New Member

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    NY is a May Issue State. That only says the must act on the request. A Shall Issue State has to issue you one as long as you meet the requirements. In NY as I understand it they can deny you if they want. Anyone from NY know anything different than I have just stated then please educate me. Here this is from Concealed Carry.net which is one of the best resources available.
    New York Concealed Carry CCW Laws and Information


    [​IMG] Right-To-Carry Law Type: Restrictive May Issue.

    Every handgun must be entered into the CoBIS according to 18.2(9NYCRR Section 493.2). This mandates that a ballistic sample is taken and placed in the ballistic data bank of every gun allowed in the state after March 1, 2001.


    http://apps.carryconcealed.net/legal/newyork-ccw-state-laws.php


     
  20. wrpNYFL

    wrpNYFL Premium Member Lifetime Supporting Member

    Your link is specific to New York City. NYC is the most restrictive. Westchester County is almost as bad. For full unrestricted CCW, must have a specific legitimate purpose. For restricted CCW limited to target, hunting, etc. they can only deny with cause. As the wording states, they either have to deny with explanation, or issue. Seems pretty clear to me. Penal Law 400.00 is the statewide base line. Certain counties, like NYC and Westchester are more restrictive, and the city of Yonkers is somewhere between the two.