NYS Pistol License Suspension - Chapter Two

NYS Pistol License Suspension - Chapter Two

This is a discussion on NYS Pistol License Suspension - Chapter Two within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; For those interested in reading chapter one http://www.defensivecarry.com/vbulle...uspension.html I wanted to provide an update for those that had read and respond to chapter one regarding ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 21

Thread: NYS Pistol License Suspension - Chapter Two

  1. #1
    Senior Member Array 2edgesword's Avatar
    Join Date
    Aug 2006
    Location
    New York
    Posts
    653

    NYS Pistol License Suspension - Chapter Two

    For those interested in reading chapter one http://www.defensivecarry.com/vbulle...uspension.html

    I wanted to provide an update for those that had read and respond to chapter one regarding my NYS pistol license suspension back in Feb. of 2009.

    At the time of the suspension I was told that if my grandson demonstrated over "a period of time" that he was walking the straight and narrow the license suspension would be lifted.

    As instructed every few months I sent a letter to the officer in charge of my case adviseing her of my grandson's progress in school, no law enforcement contact and good behavior. In March of 2010 I sent a letter formally requesting that the suspension be lift to which I got no response.

    In April I called to follow-up and the officer said she would give my file to her supervisor for review. I waited a few weeks and got no response so I called again in early May. The officer advised that I need to send a notarized letter stating that my grandson had been enrolled in a vocation training program since May of 2009, that he was making progress academically, that he was not involved in any gang/criminal activity and no arrest. In addition I provide contact information at the school he is attending. The officer said she would contact the school, check the police database and contact the local PD gang unit.

    A week after sending the letter I received a telephone call advising me that the suspension would NOT be lifted. When I asked why I was expecting to hear something I didn't know, he had been arrest (how that could happen without me knowing would be a revelation) or that her investigation or the gang unit still had him connected with a gang, but that wasn't the case. The response I got was "we have case law that supports this type of suspension". After pressing it seems that the worst they could find was a comment by his teacher that "he sometimes texts on his cell phone during class."

    After that I was again pressured to cancel my license or "possibly" it would be revoked.

    Needless to say I'm fuming. For over a year I was lead to believe that the behavior on the part of my grandson would determine whether the license suspension would be lift. I've sent four or five letters over the last year (certified, registered mail to insure they were received), phone calls, notarized statement, etc. only to find out that none of it mattered. The license remains suspended because the is "case law supporting the suspension".

    Unfortunately it seems that waiting it out and not hiring a lawyer to challenge the suspension via an article 78 was not the way to go, and since there is a short statued of limitations (four months) I can't file the article 78 to challenge the suspension. My only question at this point is if the licensing officer decides to revoke the license whether that starts the clock running again with respect to a article 78 proceeding. If it does I'm going to hire a lawyer.

    I don't know if this is the final chapter but things don't look too good. If the license is revoked and I can't fight the revocation via an article 78 (no guarantee it would be successful) I can't reapply for a license for five years, and it could be refused based on my being uncooperative. If I voluntarily cancel the license I can reapply when my grandson leaves the house (maybe a year or two).

    Well that's my tale of woe for those that were interested in the outcome. Any wisdom you can share would be appreciate because I'm pretty sure I'm not thinking straight.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club


  2. #2
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    15,126
    It wont be revoked, thats just intimidation tactics being used.

    Keep it and try again later.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  3. #3
    Distinguished Member
    Array fastk9dad's Avatar
    Join Date
    Jan 2010
    Location
    Location: Location:
    Posts
    1,554
    Yikes! I just read your first post and what a crock of crap!

    How about the NYS Supreme Court. You're rights are being violated. I think that will get you around the article 78 statute of limitations.

  4. #4
    Senior Member Array stevem174's Avatar
    Join Date
    Nov 2008
    Location
    MO
    Posts
    749
    I think I would be checking into a lawyer.
    Don't do things you don't want to explain to the Paramedics!

    Stupidity should be painful.

  5. #5
    Member Array Rightwing's Avatar
    Join Date
    May 2008
    Location
    Upstate NY
    Posts
    231
    Witness the power of the "Gray Area" intentionally created by giving county judges discretionary power over individuals rights.... King George would have been proud
    "You don't have a soul, you are a soul. You have a body." CS Lewis

    S&W .41 Mag - Colt DS - Ruger Single Six - Ruger Security Six - Buckmark-Beretta 21A - S&W 351PD 22 Mag- Spfld XD 9mm -- Plenty Of Long Guns--- Dry Powder and RCBS.

  6. #6
    VIP Member Array Eagleks's Avatar
    Join Date
    May 2008
    Location
    Kansas
    Posts
    7,874
    Wow. They sure do add as many obstacles as they can, don't they.

  7. #7
    Senior Member Array 2edgesword's Avatar
    Join Date
    Aug 2006
    Location
    New York
    Posts
    653
    Quote Originally Posted by fastk9dad View Post
    Yikes! I just read your first post and what a crock of crap!

    How about the NYS Supreme Court. You're rights are being violated. I think that will get you around the article 78 statute of limitations.
    I'm not sure about my article 78 options. As far as the suspension is concerned an article 78 action would have had to have been filed within 30 days of the suspension so I can't fight the suspension. Since based on what I was told at the time about the conditions for lifting the suspension I opted not to go that route.

    What I'm not sure about at this point is if the license is revoked whether that is considered a new action and the clock starts over again. If that's the case I hire a lawyer.

    What is really frustrating (actually it's all frustrating) is that I was mislead to believe that a demonstration of a turnaround on the part of my grandson would open the door to have the suspension lifted. All the time, energy and expensive I've put out based on what I was told regarding the conditions for lifting the suspension was totally a waste of time given what I am now being told. I'm not asking for special treatment but I do expect to be dealt with fairly and honestly. In my opinion that hasn't been the case.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  8. #8
    Senior Member Array 2edgesword's Avatar
    Join Date
    Aug 2006
    Location
    New York
    Posts
    653
    Quote Originally Posted by Eagleks View Post
    Wow. They sure do add as many obstacles as they can, don't they.
    I went through the process of getting and keeping a NYS pistol license for over twenty years. I don't mined someone telling me "these are the obstacles, get over them and you have what you've jumped through hoops to obtain". But I don't like being told these are the obstacles, then I do what I need to do to overcoming them, only to be told after the fact "no can do."
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  9. #9
    Distinguished Member
    Array fastk9dad's Avatar
    Join Date
    Jan 2010
    Location
    Location: Location:
    Posts
    1,554
    Quote Originally Posted by 2edgesword View Post
    I'm not sure about my article 78 options. As far as the suspension is concerned an article 78 action would have had to have been filed within 30 days of the suspension so I can't fight the suspension. Since based on what I was told at the time about the conditions for lifting the suspension I opted not to go that route.
    I wonder if you could file a 78 on their denial to reinstate your permit instead of trying to do it from the initial suspension?


    I did find this on a law website:

    Can I do anything else besides filing an Article 78 proceeding?
    If your case involves rights protected by the U.S. Constitution or legality of a federal law, you may be able to file a case in the federal court or in the New York State Supreme Court. In that case, you may have up to three years from the date of the fair hearing decision to file your case. It is usually safest to challenge to the fair hearing decision within four months of the date of the decision anyway, to make sure that you do not miss a time deadline.

  10. #10
    VIP Member
    Array ccman's Avatar
    Join Date
    Jun 2007
    Location
    CT, USA
    Posts
    2,051
    They were dishonest to You. Now thats a surprise. It's sad when people jerk good people around. If You were a criminal You would be treated with respect incase they violate Your rights. You do the right thing and this is what You get.

  11. #11
    Senior Member Array 2edgesword's Avatar
    Join Date
    Aug 2006
    Location
    New York
    Posts
    653
    Quote Originally Posted by fastk9dad View Post
    I wonder if you could file a 78 on their denial to reinstate your permit instead of trying to do it from the initial suspension?


    I did find this on a law website:
    I was told by a lawyer that a positive outcome in the McDonald case might help with respect to being successful in a federal lawsuit but it would be relatively expensive to go that route versus an article 78 action.

    That same lawyer didn't address the matter of the denial to reinstate as opening the door for filing a 78 but rather that my time had run out as far as the suspension is concerned. I'm still not clear as to whether a revocation would be considered a new action on the part of the pistol licensing that would start the clock all over again. That's something I still need to look into further.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  12. #12
    Senior Member Array 2edgesword's Avatar
    Join Date
    Aug 2006
    Location
    New York
    Posts
    653
    Quote Originally Posted by ccman View Post
    They were dishonest to You. Now thats a surprise. It's sad when people jerk good people around. If You were a criminal You would be treated with respect incase they violate Your rights. You do the right thing and this is what You get.
    This is what really ticks me off. If I had no shot at having the suspension lifted, regardless of what my grandson did or didn't do, why jerk me around? You tell me stay in touch, you tell me to keep you informed, you tell me to provide a notarized statement ... for what?
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  13. #13
    Distinguished Member
    Array fastk9dad's Avatar
    Join Date
    Jan 2010
    Location
    Location: Location:
    Posts
    1,554
    Quote Originally Posted by 2edgesword View Post
    I was told by a lawyer that a positive outcome in the McDonald case might help with respect to being successful in a federal lawsuit but it would be relatively expensive to go that route versus an article 78 action.

    That same lawyer didn't address the matter of the denial to reinstate as opening the door for filing a 78 but rather that my time had run out as far as the suspension is concerned. I'm still not clear as to whether a revocation would be considered a new action on the part of the pistol licensing that would start the clock all over again. That's something I still need to look into further.

    I would think that if they denied your reinstatement then you should be able to appeal that decision. Did you get the denial in writing or just verbal on the phone?

  14. #14
    Senior Member Array 2edgesword's Avatar
    Join Date
    Aug 2006
    Location
    New York
    Posts
    653
    Quote Originally Posted by fastk9dad View Post
    I would think that if they denied your reinstatement then you should be able to appeal that decision. Did you get the denial in writing or just verbal on the phone?
    Verbal over the phone.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  15. #15
    VIP Member Array peckman28's Avatar
    Join Date
    Dec 2009
    Location
    Maryland
    Posts
    2,108
    You need to get in touch with a lawyer immediately. This has gone way past the point of far enough.

Page 1 of 2 12 LastLast

Sponsored 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. NYS Pistol License Suspension
    By 2edgesword in forum The Second Amendment & Gun Legislation Discussion
    Replies: 167
    Last Post: December 15th, 2011, 07:37 AM
  2. Got a call for pistol license interview today
    By distortion9 in forum Concealed Carry Issues & Discussions
    Replies: 37
    Last Post: August 14th, 2011, 01:43 PM
  3. NH may end the requirment for a Pistol and revolver License
    By CLASS3NH in forum Concealed Carry Issues & Discussions
    Replies: 8
    Last Post: February 27th, 2011, 02:48 PM
  4. NYS Pistol License Suspension - Final Chapter
    By 2edgesword in forum The Second Amendment & Gun Legislation Discussion
    Replies: 25
    Last Post: November 27th, 2010, 11:45 PM
  5. Pistol License Reinstatement
    By Jefferson in forum General Firearm Discussion
    Replies: 7
    Last Post: October 22nd, 2009, 07:20 PM

Search tags for this page

can a revoked pistol permit be reinstated
,
how to get a revoked ny pistol permit reinstated
,

how to get pistol license suspension lifted in ny

,
ny handgun suspension process
,
ny pistol permit reinstated
,

ny pistol permit suspended

,
ny reinstate pistol permit
,
nys pistol permit suspended hearing to reinstate
,

nys pistol permit suspension

,
nys pistol permit suspension why?
,

reinstate pistol permit new york

,
suspended ny pistol permit
Click on a term to search for related topics.