"May Not Carry Concealed"

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is getting the NY permit counter intuitive or counter productive?
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It's what you need to possess handguns at all (each is licensed by serial number).

Understand that NY arms laws are bizzare:
- It all starts with "firearms are illegal" and then lists exceptions to exceptions to exceptions to that prohibition.
- The mindset that created this mess is the same that declared "rifles are not firearms".
 
Heller basically say that I can be prohibited from carrying concealed only if I have other means available to me
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Strictly speaking, Heller only said that you must be issued a license for home possession if you ask. The reasoning for that conclusion includes reasoning that indicates what you just said, but does not declare it outright; a subsequent court case will be required - and we think you're just the one to do it!!!
 
I'm thinking a membership application and check to the New York State Rifle and Pistol Association may be in order from Mr. Colt Smith but that just my opinion...:)
 
They might well be paying, in the long run. Before they are actually forced to cut the check, however, the expenses are on the petitioner. That is why we are asked to contribute to individuals who go against the orders of their masters.

Pops
 
Interesting, you have a CCW permit with the restriction of being unable to CCW....
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Yep, that's what he's sayin....and it's allegedly *DUE TO* the ruling in Heller.

Hmmm, kay...

1. If what you are saying is true - that you have Permit to Carry a Concealed Weapon, and a restriction that prohibits you from carrying a handgun concealed, then one of two things has happened. Either the "weapon" now contemplated/allowed is a knife or something other than a gun, or the restriction completely abrogates the right granted to begin with, in which case it's clearly an unlawful restriction, and could be successfully fought in court (get a good lawyer).

2. Whether you, the judge, or anyone else thinks that Heller has *anything* to do with your situation, that does not make it so. Heller's ruling was extremely limited, and applies solely to owning and using a gun in the HOME - not carried outside the home. So the judge is a plenary moron who needs to be taught the difference between a HOLDING and OBITER DICTA.
 
Does NY state also issue drivers' licenses marked "NOT VALID WHILE DRIVING"?

I don't like licenses with limitations or restrictions, but mostly I can understand the logic behind them. But a license that says it is not valid for the purpose for which it was issued is simply nutty, just like that judge.

I suspect he is angling for a bribe. Shell out enough and you will get a new license without the restrictions. If judges in NY are elected, a big campaign contribution should work wonders.

Jim
 
Since the Heller case added the provision for "reasonable" limitations it of course is interpreted by anti-gun judges to mean any restriction they please.
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I was afraid of this kind of crap when I read the phrase "reasonable" limitations in the Heller decision. But this one takes the cake. With some help, "N.Y. v Smith" may be the next "perfect storm". This seems tailor-made.
 
Is the phrase MAY NOT carry concealed, or is it SHALL NOT carry concealed? Is there a distinction in the law between those two phrases?

May Not is possibly not the same as Shall Not. Shall is usually considered to be more forceful in effect than the passive MAY. Shall usually is a requirement, where May is a permission. In that case, May Not merely says you do not have his permission, where Shall Not says you are prohibited by him.

Since the license is a carry license, and Open Carry is a violation of state law, his refusal to permit Concealed Carry is contradictory of both the carry license and the state law. This is what would be considered to be unconstitutionally vague, and could be considered an attempt at entrapment if he enforces his refusal of permission to carry concealed in compliance with state law.
 
50Shooter Post:1 (first post)

Colt Smith

Jacob from the NYSRPA contacted me about your situation. I sit on the Board of Directors of the NYSRPA with him as the .50-Caliber Director, but I live in Rockland and am the VP of the United Sportsman Association of Rockland. Could you e-mail me some information, that I can bring up at our meeting next week and discuss with the NYSRPA-BOD on how we can help? E-mail me at [email protected] and I will see how we can help you. I will also make a phone call today, to the NYSP Firearms Devision, to see if he can put restrictions on an unrestricted license.

Marc Diana- New York State Rifle and Pistol Association .50-Caliber Director
www.nysrpa.org
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WOW! I must say that is the most amazing first post I have seem in a forum in a long time. This is why I love THR.
 
I just want to be clear about one thing in case it makes any difference. Judge Alfieri didn't cite the Heller case in any way. He simply had the restriction added and signed the license which I received in the mail. I then wrote a letter of complaint to the superior court in my area addressed to an administrative Judge I was told was Alfieri's boss. A reply letter came from the Chief Court Attorney who made the reference to the Heller case. I only clarify this point for some of you who have made comments about Judge Alfieri painting himself into a corner by quoting Heller. He may well have put himself in an uncomfortable position by placing the restriction. That has yet to be seen. To be fair, I just don't want to attribute remarks to the Judge that he hasn't made (yet).
 
"Regarding expenses, haven't the defendants (Fenty) been paying the bills so far? If so, will this be a continuing trend?"

NO

Heller is paying his own bills, and the DC government is paying their bills. Fenty and the DC city council, personally, pay jack squat.

Now, please remember that the DC government pays all it's bills with TAX $'s, and that those TAX $'s come from YOU, even if you don't live in DC, as most of DC's TAX $'s come from the Federal Government.

So, if you want to know who is paying DC's side of all of this, just look in the mirror and wave.
 
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