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Hearing for New York State Pistol License

Discussion in 'Legal' started by zminer, Aug 6, 2008.

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  1. zminer

    zminer Member

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    I've finally navigated my way through the application process for a New York State pistol license in one of the more restrictive counties, and I just recently received a letter saying that I have been scheduled for a civil court hearing related to the license. They mentioned in our pistol license class that the licensing officer (the judge) can call you for a hearing if s/he wants to, but it's still a little off-putting to get an unexpected letter from a judge!

    My suspicion is that they will ask pretty much all of the same questions they ask on the application, so they have you affirming your answers under oath. But I suspect they'll also ask some questions designed to get at whether you're a violent person, whether you're impulsive/reckless, to try to find some way to deny the permit. My attitude is that all I need to do is dress nice, keep my answers short and truthful, and that will be that. At least I have the benefit of the knowledge that I am a good person - and a safe person to have carrying a gun - so hopefully that truth will set me free.

    Has anyone else ever attended a hearing for their pistol license?
     
  2. romma

    romma Member

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    Wow, a hearing with a judge? Holy Moly...

    I had to go meet the IA for my town to get my temp Local Permit originally... The police Captain for the town I live in and the fact that I had a history as a youth and my past was discussed but not really an issue in his or my eyes.
     
  3. Colt Smith

    Colt Smith Member

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    In which county do you live?
     
  4. Prince Yamato

    Prince Yamato Member

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    A judge? OK, so you're in one of the more restrictive counties. Dress nice, keep your answers short and sweet, and don't backtalk.

    Is this for an unrestricted permit or a restricted one?
     
  5. yourang?

    yourang? Member

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    although i didnt have to have an interview with the judge,
    i was able to write him a letter during the application process
    to request that i be "granted" full carry ....aka as "unrestricted"

    i told him that i do a lot of outdoor stuff like hiking, camping
    backpacking etc,

    i also said that i have seen rabid animals and always saw
    the need to have some protection for that, while not trying
    to sound like some kind of game warden with a job to do
    (if you know what i mean)

    most counties dont want to hear anything about self defense
    so i would not bring that up at all, if you can avoid it

    (also, you want to be sure that the judge knows that you
    have locks and safes and all that good stuff too)

    i am in an upstate county which will give you an unrestricted
    permit, unlike some that only will give them for target, hunting,
    and collecting

    good luck with the interview....hope it turns out okay!
     
  6. eric.cartman

    eric.cartman Member

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    Don't mean to hijack the thread, but...
    If you're a law obiding citizen with no history of crime, and you answer thrutfully and honestly, and still get denied... can you say lawsiut under Heller! If it's an individual right, and SCOTUS specifically mentioned self defense, and they capriciously deny you the permit... well?

    In any case, it's sad that you have to explain yourself :uhoh:
     
  7. Cogz

    Cogz Member

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    Cartman - I don't believe it has been upheld that Heller constitutes a right to carry.

    That legal fight has yet to start...
     
  8. qwertyu

    qwertyu Member

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    On that note; I live in Suffolk County and just applied for a Pistol Permit. They informed me that an officer will call within 4-6 weeks for an interview. After that, it will take an additional 4-6 months before I get my actual permit..

    My question is; does anyone know what the interview questions are? Do they deny permits easily in Suffolk County? Anyone know why it takes so damn long for the whole process..?
     
  9. zminer

    zminer Member

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    Colt Smith:

    I live in Albany County.

    Prince Yamato:

    If I understand correctly, the judge has the ability to issue the permit with any restrictions s/he wants, or not issue it at all. The licensing officers here in Albany have a lot of discretion over the process, and they most certainly wield it.

    I've been told it's unlikely to get an unrestricted permit in this county, but I was also told that the process would take 4-6 months and they got back to me in just 2 months, so ... who knows? I suspect that the restrictions - if any (fingers crossed) - will limit me to taking the gun to and from the range, hunting, and/or officially sponsored shooting events. And while that's not good, it's better than not having a permit at all. Plus you can apply later for removal of restrictions, if necessary, and I get the impression that that is easier than getting the permit in the first place.

    As I said, I'm just going to present myself as the person I am - a law-abiding citizen exercising his rights, and getting involved in a fun sport.
     
    Last edited: Aug 7, 2008
  10. p85

    p85 Member

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    Location:
    central NC
    used to live in upstate NY

    I grew up in Jefferson county and lived there until 13 years ago. When I applied for my permit, I had an interview with a deputy and 6 months later I had my unrestricted permit.
    When I moved to NC, I called the sheriffs' office to let them know that I was a new resident and that I had several handguns and what should I do. They laughed and said "nothing" "no law against it here". "Stop by when you are ready to purchase another to pickup a purchase permit".
    A year and a half ago I got my CHP. This is a shall issue state. The process was easy. Took an 8 hr class and applied thru the sherrifs office. A month and a half later I had my permit.
    It's about time NY got with the program.
     
  11. yellowsl

    yellowsl Member

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    In ulster county ny it can take from 2-? months to get your permit.It took 10 weeks for mine a few years ago.one guy i work with just waited 7 months for his.

    I guess it could be worse the people at the pistol permit department are very nice and try to be helpful.we are issued unrestricted full carry. i dont know anyone who has just a hunting or target permit.I also never heard of anyone having to be interviewed to get thier permit. in ulster as long as you pass the background check they will issue eventually.
     
  12. stormcaller111

    stormcaller111 Member

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    i am in columbia county. my wife and i applied, 2.5 months later we were approved. going tomorrow for print/photo/signature.
     
  13. Prince Yamato

    Prince Yamato Member

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    Then I can guarantee you that your permit will be restricted. I used to live in Rochester. I constantly think about moving back to NYS, but the gun laws are a huge turn-off.
     
  14. MikeD999999

    MikeD999999 Member

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    What's the difference between "restricted" and "unrestricted?" What is it restricted to/by?

    Thanks,
    Mike D. in Virginia
     
  15. doc2rn

    doc2rn Member

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    what part of RKBA did the courts not hit on being an individual right the K or the B?
     
  16. yourang?

    yourang? Member

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    restricted means: only can carry to and from the range if it is marked "target"

    or to and from your hunting spot if the restriction is "hunting"

    ny city has the restriction of only being able to have it in your
    residence or business....cant leave the house at all.....

    and unrestricted is what we all hope for....full carry of concealed weapon
    anywhere you are able to by law (no schools, court house, no post office,
    etc) and yes you can carry in a bar/restaurant that serves alcohol

    and ny has no open carry at all (except in your house or on your property
    or some times when you are hunting, even with a rifle)

    some join ranges that are open 24 hours.....which might let you carry
    more often...but is a bending of the rules...."i was on my way to the range"

    it is rather complicated so we have to know the laws pretty well, although
    the above might not be perfect.....dont construe it to be legal advice
     
  17. shookwell

    shookwell Member

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    Also, even if you are unrestricted, you can't carry at in within the New York City limits. You need to have a NYC permit to carry in NYC.
     
  18. Prince Yamato

    Prince Yamato Member

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    Though, to NY's credit, it has had CCW since 1936 and the unrestricted permit is (almost) completely unrestricted. You can carry in bars, etc.
     
  19. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Wow, those 6 guys must be very happy....... :rolleyes:
     
  20. yeti

    yeti Member

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    At least they can all get together and have a cold beer on a hot Friday night.:cool:
     
  21. CNYCacher

    CNYCacher Member

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    NY CCW facts.

    1. NYC is NOT a part of NYS for all intents and purposes regarding firearms.
    2. "Restrictions" carry no weight of law, they are merely the judge's opinion on when you can and can't carry.
    3. The issuing judge can revoke the license on a whim, so he better not hear about you violating his restrictions.
    4. 24-hour private indoor ranges are common in and near counties that commonly issue "target shooting only" or "to and from the range" licenses *wink* *wink*
    5. Most counties in NYS issue unrestricted CCW licenses and are de-facto shall-issue.
    6. NYS CCW licenses are good for life, unless revoked.
    7. Schools and courthouses are the only places mentioned in NY law as no guns allowed.
     
  22. tpaw

    tpaw Member

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    Be prepared to answer ANY question pertaining to your entire life. From childhood to the present. Family members or friends who may have been arrested, your school record, military record, jobs, sports, hobbies, what you do with your spare time, do you get along with people (any problems with anyone in the past or present?), have you had any types of traffic violations, etc. Remember one thing, since your background investigation will probably have been completed, the officer who will be asking the questions already has the answers, so be truthfull. Like a lawyer, he will not ask a question that he doesn't already have the answer to.
     
  23. FLA2760

    FLA2760 Member

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    After living and working in NYC for 33 years I moved to sunny Florida in 1997. It was the best thing I ever did. A friend of mine is a retired NYPD detective who had a NYC carry permit. It was good in all of NYS. Funny how NYC will not honor the NYS permit. My friend had to give up his NYC carry permit when he too moved to Florida. He now has a FL CCW that is no good in NYC. He recently qualified under HR218,otherwise known as the LEOSA and get this, he was told by the NYPD that they won't honor it! I told him that sounds illegal and he should look into it. Anyway that's how screwed up NYC is when it involves guns. Good luck on your hearing. Let us know how it goes.
     
  24. MarkDido

    MarkDido Member

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    A better question would have been; "In what COUNTRY do you live" :mad:
     
  25. Prince Yamato

    Prince Yamato Member

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    The part of the USA that had CCW almost 60 years before Texas did. Most counties in NYS are "shall issue". It's just a load of paperwork.
     
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