letter to judge

This is a discussion on letter to judge within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in ny and I need to send a letter to the issuing judge requesting my restrictions be removed and why. not sure what ...

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    Member Array bobw's Avatar
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    letter to judge

    I live in ny and I need to send a letter to the issuing judge requesting my restrictions be removed and why. not sure what to put for a reason, dont think I should put self defense

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  3. #2
    Member Array sixsccw's Avatar
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    Somebody said that to me when I was applying, "Whatever you do, don't put 'self defense'". I have no idea what that means...
    At any rate, I sent my judge an honest letter (page long) that claimed no special reason why I should get a CCW. (I got it on the first try, but I live upstate).
    One paragraph of the letter dealt specifically with self defense -

    "I have heard “self defense” used as justification for concealed carry, but I am not entirely at ease with that characterization. I believe you and I, as men, are not programmed to defend only ourselves – our most noble instinctual trait is that we are programmed to defend others, to protect, and to serve the greater good first and our own safety second. As such, it is only natural and proper for us, and in fact required of us, to seek the tools that enhance our ability to uphold this innate duty. Indeed, as George F. Will wrote after the 9-11 attacks, “Public safety is the public’s business. Public authorities take the lead, and some work at it full-time. However, at all times, and especially times like these, it is every citizen’s business.”

    I was lucky too - my judge was not known to be particularly pro-gun, but he turned out to be a fair man. Now, he could burn my house down and I'd still vote for him
    Good luck, man.
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    VIP Member Array dukalmighty's Avatar
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    I would try to be honest,most people don't react well to bovine excrement.I like the response above as ultimately we are responsible for our own safety,as society started down a slippery slope of if in trouble call the police and don't take the law into your own hands,I would say I'm not trying to be judge and jury just trying to make sure I have a better chance of making it home to the people who need and count on me to provide for them.As you read in the newspaper every day the crime is getting worse and the thugs have no respect for even sworn LEO's.
    bunker, sixsccw and garyacman like this.
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    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by dukalmighty View Post
    I would try to be honest,most people don't react well to bovine excrement.I like the response above as ultimately we are responsible for our own safety,as society started down a slippery slope of if in trouble call the police and don't take the law into your own hands,I would say I'm not trying to be judge and jury just trying to make sure I have a better chance of making it home to the people who need and count on me to provide for them.As you read in the newspaper every day the crime is getting worse and the thugs have no respect for even sworn LEO's.
    You believe the papers? Why not do your own research, rather than being spoon-fed by "journalists"? The local paper prints up anecdotes and "stories". Not statistical tables. If you believe the first sentence in your post, you'll appreciate this:

    Here's a link.

    In spite of people's opinions, crime has actually decreased across the US in recent years. But don't let facts get in the way of a good rant.

    Caveats: I am not saying you don't need to carry, or shouldn't carry. Stuff can happen anytime, anyplace, anywhere. However, I prefer working with facts before hype and conjecture.

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    Member Array Pioneer's Avatar
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    Curious: What kind of restrictions are we talking about, and why?

    If you want a letter to get to a judge and actually have hizhonor read it, have your lawyer write it. Most self written letters get screened by staff and the judge never sees them.

    I've never been to NY and have no plans to ever visit, but from what I hear about guns & NY; "Fuggedaboutit!"
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    Quote Originally Posted by MadMac View Post
    You believe the papers? Why not do your own research, rather than being spoon-fed by "journalists"? The local paper prints up anecdotes and "stories". Not statistical tables. If you believe the first sentence in your post, you'll appreciate this:

    Here's a link.

    In spite of people's opinions, crime has actually decreased across the US in recent years. But don't let facts get in the way of a good rant.

    Caveats: I am not saying you don't need to carry, or shouldn't carry. Stuff can happen anytime, anyplace, anywhere. However, I prefer working with facts before hype and conjecture.
    I wouldn't be so quick to accept anybodies statistics. The FBI is a federal agency, so I'm sure the statistics are subject to politics. The UCR's from state and local jurisdictions change all the time, to make their community appear safer, or to make the PD response times seem faster.
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    Ex Member Array MadMac's Avatar
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    Quote Originally Posted by TX-JB View Post
    I wouldn't be so quick to accept anybodies statistics. The FBI is a federal agency, so I'm sure the statistics are subject to politics. The UCR's from state and local jurisdictions change all the time, to make their community appear safer, or to make the PD response times seem faster.
    I do respect that point, but I would look to them for a bit more accuracy than simply accepting someone's claim based solely on anecdotes he/she reads in the paper.

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    Ex Member Array hamlet's Avatar
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    Quote Originally Posted by bobw View Post
    I live in ny and I need to send a letter to the issuing judge requesting my restrictions be removed and why. not sure what to put for a reason, dont think I should put self defense
    I updated my CCW in WESTERN NY, Erie County - I had a business carry. To request no restrictions I believed you needed to technically justify change so after a year on the restricted permit, I wrote I wanted a permit to Carry at non-business times due to health which would not allow fight or easy flight, a previous incident on the street before I carried at all - close call but everything was OK - and lastly that - while time had made this less of an issue - there was US Marshal protection for my residence at certain times due to fear an extremist group might target someone connected to residence - and the group/assassin had already murdered another for same political/social reasons and connections. This was now a remote possibility but I put it down as germane. A week later I got the Unrestricted CCW. Many, after a year with no problems with restricted permit, apply and successfully have them removed. But I at least thought need for protection had to be addressed - even were it for technical reasons. They need something to justify an upgrade.

    I also gave figures for range attendance, a gun-law journal I subscribed to, and said I thought I was a responsible and now well trained user of a handgun, i.e., that I had made the previous year a good one in terms of knowledge gained of shooting and of the Law.

    That's how it was with me in my county.

    Call up your permit office and ask what the criteria are. I think I just wrote a letter to the judge (really is decided by his permit-officer) - and didn't apply for anything by form. Bit hard to remember though.

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    I think a good way to go would be to include some local police blotter info with your letter.
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    Senior Member Array JohnLeVick's Avatar
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    I'm a lawyer, been one for 23 years, licensed in three states. Never been to NY, hope to never go there. Didn't read the posts above. Here's my take: First, if you write a letter to a judge, you assume two things which may be wrong: The judge can actually read, and the judge will read your letter. Third, you assume that if the first two are correct, he'll understand your request. Your assumptions precede you, and any or all are likely wrong. Hate to be pessimistic, but silly men and women in long, black dresses have taught me much for many years now. Having said that, some of the finest people I know are judges, some of whom I consider to be good friends and the most honorable people I know, so you might get lucky. Best of luck to you.
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    You could try "Because the voices are getting louder."
    But then again, that might not be the best reason to give.
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    Frankly, I've been baffled for the year and a half since I got my unrestricted permit - I just asked for it, it was my initial application for a pistol permit, I'm in a county that borders New Jersey, so I'm not up in the boonies..... I really don't know how I got it. I was 51 at the time, had no record at all, I was honest with the judge (or whoever read my letter), I claimed no legitimate justification. Maybe he saw me as a harmless old guy, I dunno. I'll tell you, the first month I had it I was walking around flabbergasted, waiting for the other shoe to drop.

    I wish NY would adopt a bill like the one they're shooting for in (of ALL FREAKIN PLACES) Illinois, partly because (if I read it correctly) it makes that state "shall issue", what every state should be. Then I wouldn't have to feel like I got lucky, or The Man did me a big favor by re-granting me my 2A rights. GO NEW YORK!!
    Oh well - it could be a lot worse....I could live in New Jersey...
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    Thumbs up Re: Letter to the Judge - NY

    I applied for my ccw in Onondaga county(which is by far the hardest outside of NYC) and this is the format I used. The best, non legal advice I can offer is be honest. Good Luck to you.

    The Honorable Judge ------------------

    Dear Judge ---------

    My name is -------. I have resided in --------- County since--------.

    I write in regards to my New York State Pistol License #-------- issued by Judge ---- ------ in ------- County.

    1. Tell him who you are
    2. What is your experience/training
    3. Do you have prior experience carrying - (do you carry 'legally' in other states etc.)
    4. Do you understand the law (article 35 and such)
    5. Will you obey the law
    6. Do you understand the (tremendous) responsibility
    7. What are some of the reasons you want to carry - (List some activities)
    8. How do/will you protect your firearm from theft out of your vehicle - (There may be times you have to leave it in the vehicle, even if you think not, answer this question)
    9. How do you protect your firearm from theft out of your home.

    I respectfully request that my Pistol Permit be amended to remove the (------- type) restriction and granted carry/conceal.

    Thank you for considering this request.
    Sincerely,

    (Hand Sign the Letter here)
    Your Name Typed
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    I'm totally glad I live in Utah. I don't have to justify my actions to carry to anyone but my wife.
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