Judge, county official duel over gun laws: NY Judge stands his ground/enforces law

This is a discussion on Judge, county official duel over gun laws: NY Judge stands his ground/enforces law within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; a bit of a read but it's worth it!! ...especially if you live in NY bold is mine. snagged the intro text below from another ...

Results 1 to 5 of 5

Thread: Judge, county official duel over gun laws: NY Judge stands his ground/enforces law

  1. #1
    Senior Member Array raysheen's Avatar
    Join Date
    Dec 2005
    Location
    Maine, USA
    Posts
    793

    Judge, county official duel over gun laws: NY Judge stands his ground/enforces law

    a bit of a read but it's worth it!! ...especially if you live in NY
    bold is mine. snagged the intro text below from another site...this paper posted the names of CCW holders in a couple of NY counties two or three days ago. This list includes police officers and DAs. NOT very responsible if you ask me.


    Quote Originally Posted by intro from another website, I didn't write it
    (The Journal News has begun a series of articles and op-eds in favor
    of more gun control. This included publishing the list of all pistol
    license holders in Westchester & Rockland on the 10th. Initially I
    wasn't going to do anything about it as this is public
    information. However, as they have felt the need to champion Andy
    Spano's latest attempt to screw our members and gun owners in
    general,
    http://www.thejournalnews.com/apps/p...=2006612120309,
    I am posting the publicly available addresses, phone numbers, Google
    map and driving directions for the publisher and reporters on our website.)
    http://www.thejournalnews.com/apps/p...=2006612120335

    A war of words over how changes to gun permits are made has erupted
    between Deputy Westchester County Executive Larry Schwartz and state
    Supreme Court Justice J. Emmett Murphy after Murphy signed off on an
    Ossining man's request to have his pistol permit amended, without
    waiting for a recommendation from county police.

    "It is unconscionable that a member of the judiciary would circumvent
    the very process implemented to ensure the safety and security of
    county residents,'' Schwartz wrote in a scathing Dec. 6 letter to
    Judge Francis Nicolai, administrative judge for the 9th Judicial District.

    Schwartz's letter also threatens to disband the county police pistol
    permit unit and says he's "giving serious consideration to filing a
    formal complaint against Judge Murphy.''

    In a Dec. 8 reply, Murphy, who describes himself as an "enthusiastic
    member of the target and sport shooting community,'' says his action
    came in response to complaints from fellow pistol enthusiasts who say
    applications for permit changes "are being denied by county personnel
    right at the counter, and rejected and returned without being
    forwarded to the Court as required by law.''


    The brouhaha comes at a time when County Executive Andrew Spano is
    seeking special legislation from Albany that would eliminate the
    County Clerk's Office and court from the pistol permit process and
    put the whole system into the hands of county police. If enacted, the
    legislation would designate the county Public Safety Commissioner as
    the licensing officer, with the authority to approve or deny permit
    applications. Spano's effort was first reported Sunday in The Journal News.

    Schwartz's letter was written after Ossining resident John C. Picucci
    applied Nov. 14 to have his pistol permit changed to a "full carry''
    permit that would allow him to bring his weapon with him whenever he
    wanted. According to the letter, an hour after Picucci was advised by
    the county police pistol permit unit to explain in writing why he
    needed the change, Murphy came to the pistol permit office with a
    copy of the application that he had signed, approving the full carry permit.

    The documents Picucci had been told to provide "were not submitted,
    and the amendment was not filed or reviewed by the Department of
    Public Safety prior to the judge's approval,'' the Schwartz letter says.

    Schwartz notes that the county is trying to take over authority for
    the pistol permit process and says that if the court is going to
    issue permits without input from police, he'll recommend that the
    police pistol permit be disbanded. He adds that he's directed police
    not to issue Picucci's full carry permit.

    By signing Picucci's application, Schwartz writes, Murphy denied
    county police the chance to "conduct a proper law enforcement
    review'' and to document Picucci's need for a full carry permit.

    "To approve a full carry permit in a matter of hours for an
    individual that the police had no opportunity to review... is
    irresponsible at best,'' Schwartz concludes.

    Picucci, reached at the deli he owns in Millwood, had no comment yesterday.

    Murphy, who sent his reply to Nicolai, wrote that he's known Picucci
    for "some time.'' After learning that Picucci wanted a full carry
    permit, the judge says he told him to make the application at the
    clerk's office. "I also asked him to pay attention to what was
    happening and not to get upset or argue if he was refused; just note
    what happened and call me immediately afterward,'' Murphy says in his letter.

    A few days later, Murphy writes, Picucci told him that he had been
    informed by police that he doesn't qualify for a full carry permit.

    "At that point, as feared, the system failed (Picucci) completely,''
    Murphy writes. "His application to the Court was filed, heard, denied
    and amended without any member of the judiciary hearing it.''


    Nicolai said that Murphy acted within state law, which designates
    judges as the licensing officers for pistol permits except in New
    York City and Nassau and Suffolk counties, where police are the
    licensing authority.

    "I have no problem with the county's proposal to modify the
    legislation,'' Nicolai said yesterday, "but until that happens, we're
    operating under the laws that exist.''

    Murphy likewise said yesterday that "in an ideal world I would have
    no problem with changing the law."

    "But what better evidence could you have that it would be the county
    making the decision, not the police commissioner?'' he said.

    Describing Schwartz as "rash, impetuous and vindictive,'' he said, "I
    don't think the shooting public would want him in charge of the
    process. I think they'd prefer a variety of elected judges, the way
    the vast majority of the other counties handle this.''

    Late yesterday, Schwartz accused Murphy of issuing full carry permits
    "based on favoritism and political cronyism, not on the
    recommendation of police, who are the real experts in this. This
    isn't the first time he's done an end around on the police and issued
    a full carry permit. This is a public safety issue. We aren't against
    responsible people having guns, but they have to adhere to some
    reasonable criteria and standard. They shouldn't receive a permit
    just because they're politically connected.''


    Schwartz Letter

  2. Remove Ads

  3. #2
    VIP Member
    Array goawayfarm's Avatar
    Join Date
    Mar 2005
    Location
    Fork Union, Virginia
    Posts
    2,681
    Quote Originally Posted by raysheen View Post
    ..........Schwartz accused Murphy of issuing full carry permits "based on favoritism and political cronyism, not on the recommendation of police, who are the real experts in this. This isn't the first time he's done an end around on the police and issued a full carry permit. This is a public safety issue. We aren't against responsible people having guns, but they have to adhere to some reasonable criteria and standard. They shouldn't receive a permit just because they're politically connected.''
    Schwartz Letter
    "not on the recommendation of police, who are the real experts in this"...since when are ANTI-GUN COUNTY EXECUTIVEs & LEOs experts on the who can have a firearm & who can't? I daresay that a lot of New York COUNTY EXECUTIVES & most NY LEOs would not want ANYBODY to have guns. Judges can look up criminal history as easy as an 'expert County Executive'.

    "This isn't the first time he's done an end around on the police and issued a full carry permit."......since the County Executive & LEOs didn't OBEY THE LAW, it left little choice.

    "We aren't against responsible people having guns, but they have to adhere to some reasonable criteria and standard.".....Yea, what a load. They just want THEIR cronies to have them.

    This is a good example of why politicians should NOT be involved in this process. Laws on the issuance of permits should be clear, concise & penalties for violating the process should be as severe as the ones for abusing the permit.
    Quemadmodum gladius neminem occidit, occidentis telum est.-Seneca

    "If you carry a gun, people will call you paranoid. If I have a gun, what do I have to be paranoid about?" -Clint Smith

    "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." -Jeff Cooper

  4. #3
    Member Array Jeremiah's Avatar
    Join Date
    Oct 2006
    Location
    Monroe County, NY
    Posts
    185
    Hadn't heard of the proposal to put the County Sheriff in charge and cut the court out. I wish! That's where all the waiting takes place.

  5. #4
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    43,794

    Schwartz...

    "...Schwartz accused Murphy of issuing full carry permits "based on favoritism and political cronyism, not on the recommendation of police, who are the real experts in this...
    We aren't against responsible people having guns, but they have to adhere to some reasonable criteria and standard..."


    ...Needs a new job!
    Sounds like the police call you 'guilty'...and you prove you're not!
    That's the problem with not having 'Shall Issue'...you have to prove to someone that you're 'worthy'...PUKE...
    They should have to prove that you are NOT qualified to have that permit...it's called 'shall issue'.
    We should have nation-wide shall issue and recognition...PERIOD!

    ret
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  6. #5
    Member Array Hunting Coyotes's Avatar
    Join Date
    Apr 2005
    Location
    Upstate NY
    Posts
    113
    The police nor the judges should have the ability to restrict licences in NYS. These restrictions are administrative and not covered under the existing penal code. We need to have right-to-carry legislation (i.e. a law) that specifically mandates the issuance of full carry permits if the applicant meets the requirements under the statute.

    Unless/until the politics change in NYS, we will not have a RTC law on the books.

    NYers...do your part!

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Oklahoma County Judge Charged With Fraud/Perjury
    By Sig 210 in forum Off Topic & Humor Discussion
    Replies: 4
    Last Post: January 23rd, 2011, 01:38 AM
  2. Elmore County Judge eases up on Murder Co-Defendant!
    By JBozeman in forum In the News: The Good, the Bad and the Ugly
    Replies: 10
    Last Post: August 20th, 2009, 08:27 PM
  3. Judge rules against several proposed gun laws in Philadelphia
    By Cupcake in forum The Second Amendment & Gun Legislation Discussion
    Replies: 6
    Last Post: June 5th, 2008, 07:34 AM
  4. Fair Judge in Jefferson County New York
    By dynamo55b in forum Concealed Carry Issues & Discussions
    Replies: 18
    Last Post: June 7th, 2007, 03:29 PM
  5. GCO takes Cobb County, GA judge to federal court
    By mzmtg in forum Concealed Carry Issues & Discussions
    Replies: 21
    Last Post: November 4th, 2006, 02:11 AM

Search tags for this page

complaints judge j emmett murphy

,
how long do i have to wait for the judge in jefferson co, ny for pistol permit
,
j emmett murphy judge
,
john picucci judge
,

judge emmett murphy

,
judge in jefferson county for pistol permit
,

monroe county judges approving pistol permits

,

monroe county ny gun laws

,

monroe county pistol permit wait time

,
suffolk county pistol licensing perjury
,
westchester county police pistol license unit
,
when can the court revoke a pistol permit by hearing in monroe county ny
Click on a term to search for related topics.