NYS Pistol License Suspension - Page 10

NYS Pistol License Suspension

This is a discussion on NYS Pistol License Suspension within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Good luck, and like the others said keep us posted. I hope the grandson gets things worked out, it sounds like this might be a ...

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Thread: NYS Pistol License Suspension

  1. #136
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    Good luck, and like the others said keep us posted. I hope the grandson gets things worked out, it sounds like this might be a turning point in his life.
    Turn the election's in 2014 to a "2A Revolution". It will serve as a 1994 refresher not to "infringe" on our Second Amendment. We know who they are now.........SEND 'EM HOME. Our success in this will be proportional to how hard we work to make it happen.


  2. #137
    Senior Member Array 2edgesword's Avatar
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    Quote Originally Posted by ppkheat View Post
    Good luck, and like the others said keep us posted. I hope the grandson gets things worked out, it sounds like this might be a turning point in his life.
    I appreciate the kind words of support.

    We're going to visit my grandson this Saturday. In talking to him he sounds like he's focused on doing the right thing. Of course it comes down to making the right choices one day at a time on a consistent basis. He's seventeen years old with no felonies and his whole life ahead of him. We've tried in 101 ways to get across to him how critical the next year is going to be in setting the direction for his life. How much of it has sunk in only time will tell.

    As far as my pistol license is concerned, I know I'll get it back but at this point I've got no firm commitment from pistol licensing with respect to timeframe. I'll be following up with them in a few month on a letter I wrote advising them of my grandson's status to try and get some commentment from them on how much time needs to elapse with no issues before the suspension will be lifted.

  3. #138
    New Member Array Kyle Anthony's Avatar
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    Wow, this is insane! I guess the issue tech came down to it not being a "legal appartment" this is a sad story and example of what many of us go through in NY. Best of luck to you and if you were willing to I would get the whole case in writting and get it to every pro-2A state senator we have. I am sure it will give them some extra drive to stand up for our rights in Albany. A good guy for that is Senator Greg Ball....

  4. #139
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    Wow, this thread has just about made me sick... It's frightening how easily your state has imposed its authority over The Constitution of the United States. I am sure they have made New York much safer by stripping you of your Second Amendment rights, maybe next they could send out similar letters to all the REAL criminals and get them to tun in their guns as well (that's sarcasm right there...).

  5. #140
    Senior Member Array chrise2004's Avatar
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    I just read through this thread my thoughts and support are with you 2edgesword. Good luck! Keep us posted!
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  6. #141
    Senior Member Array 2edgesword's Avatar
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    Kyle, Punk and Chris

    Appreciate the kind words and well wishes.

    My grandson seems to have recognized the error of his ways and has been enrolled in the Job Corp education and vocational training program since May. He is doing well and seems to be taking his studies seriously. He is talking about completing the requirements for his GED and joining the Army. If he manages to stay on the right track I'm going to request that the suspension be lift in February 2010 (a year since the suspension).

    Having said this I'm still very upset and disappointed about what I believe is the gross infringement on my Constitutional rights by Suffolk County. Our 2nd amendment rights are individual and fundamental. In my opinion that means they can't be infringed based on the actions of another. Of course this doesn't mean much in the People's Republic of NY.

    On the other hand driving is a privilege. Maybe the state will start suspending the drivers licenses and confiscating the motor vehicles of anyone living in the same house with someone who has their drivers license suspending for drunk driving. It's been seven months and I'm still shaking my head in disbelief!
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  7. #142
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    Quote Originally Posted by 2edgesword View Post
    On the other hand driving is a privilege.
    Sorry to drift off subject but 'driving is a what'?

    Did you mean to type driving is a right?
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  8. #143
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    Quote Originally Posted by P7fanatic View Post
    Sorry to drift off subject but 'driving is a what'?

    Did you mean to type driving is a right?
    Right to Travel (Aid & Abet) - The Lawful Path
    I agree that it is a "right" in the sense of "God given rights" but we have about 100 years of court precedent against us when we argue that. I'll pay my vehicle license and registration fees instead of trying my luck by declaring I am being conveyed by an "automobile" and do not possess a "vehicle."

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  9. #144
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    *edit* sorry didnt realize how long this thread was when i responded.

  10. #145
    Senior Member Array 2edgesword's Avatar
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    Quote Originally Posted by P7fanatic View Post
    Sorry to drift off subject but 'driving is a what'?

    Did you mean to type driving is a right?
    Right to Travel (Aid & Abet) - The Lawful Path
    P7fanatic

    I'm somewhat familar with the right to travel versus the so-called privilege of driving debate. I was just framing the argument as it seems to be viewed by the government, although the government of NY doesn't seem to have either (2nd amendment or travel rights) in proper perspective.

    The logical question, based on a flawed premise, would be if you forfeit 2nd amendment rights based on the actions of another why not driving rights? I don't agree with either but if NY can forfeit the one (2nd amendment rights) it wouldn't be a stretch to see them going after the other.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  11. #146
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    2EDGESWORD, any update on your permit situation?

  12. #147
    Senior Member Array 2edgesword's Avatar
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    Hi Ultra45

    Thanks for asking.

    Nothing new to report. The conditions for lifting the suspension is that my grandson continue making progress in the educational/vocation program he is enrolled in and of course no law enforcement contact.

    Fortunately he is doing well, successfully completed the first six months of the program including the first phase of training toward Microsoft certification and when he is home (he has to earn home pass privileges) he has become my shadow. I've sent two letters to the investigator at pistol licensing to keep them up to date on his progress.

    My think at this point is to wait until February 2010 (a year since the suspension) to formally request that the suspension be lifted and see how they respond.

    Since I first received my pistol license (about 20 years ago) the application questionnaire has become more intrusive. I don't recall any questions on my initial application about the medical or criminal history of anyone other then myself. Today the application contains questions about the criminal and mental health history of those living in the household. Is it just me or are there others that are bothered by the idea that to exercise your 2nd amendment rights you have to become an informant for the government?

    How far is too far in limiting individual rights based on the actions of others, even those living in your household?
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  13. #148
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    Paul, as we discussed recently I do not think that you would receive any help from the NRA nor NYSRPA. Your case as well as the one I told you about are too small chickens for them to get their hands "dirty." Plain and simple the NRA would not do a thing----at least Tom King Pres. NYSRPA contacted NRA for me. I don't know much of the legalities but my case is a clear violation of the HIPA law (Federal.) You are suffering from guilt by association as well as the Penal Code IMHO. Your relationship to a loved one and family member put both you and your wife in the eyes of the law. IMHO I would suggest you contact the Gun Rights attorneys who sponsor LIF. Talking doesn't cost any money, and at least you can make some plans for the future. Right now you are in limbo as to whether or not the great hand of the Suffolk County Police Commissioner will slap you down again or not. I think you need representation and proper legal advice. None of us here knows any useful information, so "Lawyer UP" as they say. "Bob"
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  14. #149
    Senior Member Array 2edgesword's Avatar
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    vonMesser

    I spoke to three lawyers (one an LIF member) regarding my situation early on. All of them said they believed they could successfully argue the case but it would take many months and cost thousands of dollars, and of course no guarantees.

    If I was one of the privileged few in downstate NY that had an UNRESTRICTED license I would have spent the money to fight the battle. But the license with the restrictions in place in NYC, Nassau and Suffolk render the license pretty much useless as far as personal protection is concerned so I found it hard to justifying the expense of lawyering up, especially with the economy tanking big time in early 2009.

    I still may end up taking that route if I don't get satisfaction when I make the formal request next year. The legal actions being planned in NY pending the SC decision in the Chicago case may end up being a help should I have to go that route so I'm in a wait and see mode at this point. But this situation is the closest I've come to feeling violated by our government, on par with the violation I feel every April 15th.
    Martial Blade Concepts, Jiu-Jitsu & Eskrima NRA, GOA, NYSRPA, LIF, Old Bethpage Rifle & Pistol Club

  15. #150
    Member Array russ1986's Avatar
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    Quote Originally Posted by 2edgesword View Post
    So my wife gets a certified letter in the mail requesting that she report to the Pistol Licensing Division to discuss an issue related her pistol license. When she gets there she is told that her license is suspended because my sixteen year old grandson, that lives in an apartment with my daughter in our house, has some gang affiliation (he had been arrest two years ago for stealing cell phones and spend a year in a juvenile facility and released about 10 months ago). She is told that she has to immediately turn in her license and pistol

    While she is there my name is brought up and she is told by the police officer interviewing her that I should expect a letter in the mail notifying me of my license suspension. just go after the state of NY for the cost of lawyer and court fees.




    At this point I don't think there is anything we can do to halt the suspension but if any of the legal minds out there, familar with law in the peoples republic of NY have some advice, I'm all ears. I've contacted the NRA and I'm waiting to hear back from them.

    IMO this is a violation of the second amendment. the state is taking your gun rights a way for what some one else has done. Contact a lawyer and if it was me i would not give my handguns up.
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