Erie County Permit Upgrade DENIED!!

This is a discussion on Erie County Permit Upgrade DENIED!! within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I had heard that Erie County had been upgrading some permits after a year of having them. So I decided I would try and get ...

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Thread: Erie County Permit Upgrade DENIED!!

  1. #1
    Member Array wwelch315's Avatar
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    Erie County Permit Upgrade DENIED!!

    I had heard that Erie County had been upgrading some permits after a year of having them. So I decided I would try and get my permit upgraded to Unrestricted, guess not.

    Here is what the letter said;

    After reviewing the above-named Licensee's file and application submitted for an upgrade in the status of firearms license previously issued herein on XXXX XX, 2010, the Court has determined that the licensee is not eligible for an upgrade to unrestricted status at this time.

    Section 400.00-2(f) requires the demonstration of "proper cause" for the issuance of an unrestricted firearms license. Such has not been demonstrated in this case.

    Licensee's appliction for an upgrade to an unrestricted license is therefore DENIED. Licensee may apply for an upgrade in status after five years from date of issuance, with showing proper cuase.

    SO ORDERED

    M. William Boller

    As neighboring Niagara County has been issuing unrestricted from the start I was hoping that maybe after the year I could get Erie County to upgrade mine. Not only was I wrong, but now they want us to wait 5 years? For what? Ridiculous. Maybe I'll move to Niagara County, it is closer to work.

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    VIP Member Array Hiram25's Avatar
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    If you could swing the move, might not be a bad idea. Take your County taxes to a County that will work with you.
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    VIP Member Array smolck's Avatar
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    Just curious, what does "unrestricted" get you that your current permit doesn't? Wondering what is so special you need "proper cause". In my state (a MAY issue state BTW) all I had to say was "for self defense".

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    Unrestricted = the normal CCW permit...

    Restricted = being able to carry only at home, on Tuesdays and Thursdays...



    wwelch315, I vote for the move!
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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by wwelch315 View Post
    I had heard that Erie County had been upgrading some permits after a year of having them. So I decided I would try and get my permit upgraded to Unrestricted, guess not.

    Here is what the letter said;

    After reviewing the above-named Licensee's file and application submitted for an upgrade in the status of firearms license previously issued herein on XXXX XX, 2010, the Court has determined that the licensee is not eligible for an upgrade to unrestricted status at this time.

    Section 400.00-2(f) requires the demonstration of "proper cause" for the issuance of an unrestricted firearms license. Such has not been demonstrated in this case.

    Licensee's appliction for an upgrade to an unrestricted license is therefore DENIED. Licensee may apply for an upgrade in status after five years from date of issuance, with showing proper cuase.

    SO ORDERED

    M. William Boller

    As neighboring Niagara County has been issuing unrestricted from the start I was hoping that maybe after the year I could get Erie County to upgrade mine. Not only was I wrong, but now they want us to wait 5 years? For what? Ridiculous. Maybe I'll move to Niagara County, it is closer to work.
    Demonstrating a need... used to be a probelm in Iowa, as well.... Until some sheriffs started granting permits for personal defense, and allowing that to be used as the "justification" required for (and printed on) the permit, an applicant had to show a specific need. Usually, this entailed carrying large sums of money as a business owner.

    The ironic part was that you could not use deadly force to protect property... You were expected to hand it over unless there was the threat of grave bodily injury or death. Additionally, if you were not carrying large sums of money and were carrying, you could be in a heap of trouble, because the justification was also often listed as a restriction. ie: "Only valid when carrying large sums of money."

    Now, of course, there is no justification required, and no restriction, either...

    I feel for you, man. And the 5 year wait is onerous as well. If able, move. If unable to move , start working diligently to change the law, and support state organizations that do likewise.

    Me, well, I waited until our sheriff started issuing for personal protection, and then, Iowa passed the shall issue law anyway.

    Good luck.
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    Member Array wwelch315's Avatar
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    How it works in Erie County and some others is they will issue a permit with restrictions such as target/hunting (most common). What this means is your only allowed to carry your handgun when you are going to or coming from target shooting or hunting. Now it is not illegal to carry outside these restrictions, you cannot be charged criminally, but is a violation of the admistrative resriction placed, so the court could suspend or revoke the license if they get wind that you are carrying out of your restrictions. As far as I know the only way for this to happen is to have an encounter with an officer who finds you to be carrying out of your restriction and then a) cares that you are carrying out of your restriction and b) cares enough to notify the court. Many people will say so what carry anyway if you can't be charged with a crime, but that's not the point. I don't understand why I am qualified to carry a concealed handgun to and from target shooting, but not to the gas station.

    I used to live in Onondaga County, but not since I've gotten my permit. I have heard that there if you have the restrictions on you permit the County requires you to bring the gun to and from the range in a case. Again this is just what I heard, I don't know if it is true. At least I can carry mine on me inside the restrictions with out fear of repercussions.

    I don't know, it's just frustrating. I'm pretty sure the BG's aren't worried about permits or resrictions.

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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by wwelch315 View Post
    ...
    I don't know, it's just frustrating. I'm pretty sure the BG's aren't worried about permits or resrictions.
    Ya think?

    There are many upstanding citizens who carry without the hassle of a permit... but, if they get caught, they end up "in the system," with the very folks they were exercising their constitutional right to defend themselves against...

    Shame, that.
    cltyus1 likes this.
    It could be worse.
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    Quote Originally Posted by smolck View Post
    Just curious, what does "unrestricted" get you that your current permit doesn't? Wondering what is so special you need "proper cause". In my state (a MAY issue state BTW) all I had to say was "for self defense".
    Your state's "may issue" status bears little resemblance to that of New York, or most of the other ones. Alabama and Delaware are the only two which honor my permits.

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    Distinguished Member Array Arborigine's Avatar
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    Quote Originally Posted by retsupt99 View Post
    Unrestricted = the normal CCW permit...

    Restricted = being able to carry only at home,
    Good God man! Even California doesn't require a permit to carry on your own property. yet

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    Distinguished Member Array DefConGun's Avatar
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    Man, that's rough! I'm assuming that they also have very strict laws about carrying a knife? Are you allowed to carry something like a Benchmade Griptilian or something like that?

    I hate to sound like a thug but I believe if I lived in a state that was that restrictive, I'd pull out an old biker strategy and start carrying a ball peen hammer with me. Today, there's pants that have a loop on the leg for the very purpose of carrying a hammer. I know it sounds crazy but there aren't any restrictions on carrying a hammer and if I couldn't have a knife, I'd want something. This of course would be in addition to a good OC.

    You could probably also get by with carrying a big multi-D sized Maglite.

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    Member Array Vinixd's Avatar
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    Waiting on 5 years is some bull!!! Check to see if there is an appeal process you look into. This county sounds like they want to keep firearms away from most citizens. Another idea if you do not get anywhere is to contact NRA and inquire about what action can be taken to help change these restrictions. It may be time for some change!!!

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    Go West young man
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    Quote Originally Posted by Mike1956 View Post
    Your state's "may issue" status bears little resemblance to that of New York, or most of the other ones. Alabama and Delaware are the only two which honor my permits.
    I don't know which permits you have,but IIRC Texas honors every other states permits
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    I second the idea of a move, but my recommendation is completely out of the state.
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    Quote Originally Posted by Mike1956 View Post
    Your state's "may issue" status bears little resemblance to that of New York, or most of the other ones. Alabama and Delaware are the only two which honor my permits.
    If your carrying a Ohio permit your mis-informed on states that honor it. Check the link for states that honor Ohio permits.

    http://www.handgunlaw.us/states/ohio.pdf
    minimalbrat likes this.
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