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; I'm in a downstate suburb of NYC. I've reached out to the NRA, GOA and NYSRPA for any advise and help I can get. I'll ...

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Thread: NYS Pistol License Suspension

  1. #16
    Senior Member Array 2edgesword's Avatar
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    I'm in a downstate suburb of NYC.

    I've reached out to the NRA, GOA and NYSRPA for any advise and help I can get. I'll check into John S. Chambers.

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  3. #17
    Distinguished Member Array bandit383's Avatar
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    Quote Originally Posted by obxned View Post
    Sure, changing jobs, and moving away from friends and maybe family is tough, but it can be done. You may make a lot less money but there is more to life than a stack of frog pelts. Your ancestors knew this, or you would have been born on a different continent
    Come on...what kind of advice is that...pretty simple to say (write)...but you don't have to do it. Some people have close ties to their community.

    There must be a particular statute that the letter references with more details. That would be a start. I'm sure there is also a precedent concerning this...with a track record. I also wonder about the grandson...to come out a say gang affiiliation now...is there a track record there as well.

    I feel you pain...the battle may be lost short term...but the war isn't over. Gather all the facts you can...seek legal advice...then hopefully that will lay the ground work for your next step.

    Rick

  4. #18
    Ex Member Array Acecool's Avatar
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    One word.... WOW....

    Please fight this, contact the NRA and any grassroots organization in your state for help!!!

  5. #19
    Ex Member Array JOHNSMITH's Avatar
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    I guess the only option, other than someone helping you pro-bono, is to transfer the pistols to someone you trust as a gift (who obviously is also legal to possess them), out of state. That way no one is breaking the law, your pistols will be taken care of, and when/if you can get the issue resolved, you can just go get them back.

    I'm not sure whether you have to go through an FFL though for a gift. I don't think so, but I'm no lawyer.

    Also, hopefully you have a shotgun or rifle to use for home defense! Looks like your government would rather you be a victim; not a good thing in this spiraling economic downturn.

  6. #20
    VIP Member Array Blackeagle's Avatar
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    I would suggest contacting the Second Amendment Foundation rather than the NRA. The NRA rarely gets involved in legal stuff and when it does it's usually something pretty big involving a lot of people (New Orleans gun confiscation, for instance). They're much more of a political/educational organization than a legal one. SAF, on the other hand, is much more focused on legal action to protect 2A rights.

  7. #21
    Member Array Dominus's Avatar
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    Sorry to hear about this.
    I agree with all the above, you will need a lawyer to take the lead on this for you.
    870 !
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  8. #22
    Member Array JungleJim's Avatar
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    Quote Originally Posted by 2edgesword View Post
    .......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...
    Was he convicted of a felony? If so that would explain the no guns allowed, even if it is your house. Felons aren't allowed to be by guns.
    Was that part of his probation?

  9. #23
    Senior Member Array 2edgesword's Avatar
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    Thank folks for the advice. I'm send an e-mail to all of the organizations mentioned above and if I don't hear anything in a day or two I'll start making telephone calls.

    I'm also trying to investigate the legal authority they have for suspending our licenses. This is what I found in the pistol license handbook...

    IF A POLICE OFFICER REQUESTS YOU TO SURRENDER YOUR LICENSE AND FIREARM(S), AND YOU REFUSE, SUCH CONDUCT WILL BE SUFFICIENT CAUSE FOR THE REVOCATION OF YOUR LICENSE, AND YOU MAY BE ARRESTED AND CHARGED WITH A VIOLATION OF SECTION 400.00, SUBD. 8, AND/OR OBSTRUCTING GOVERNMENTAL ADMINISTRATION, SECTION 195.05 OF THE
    NEW YORK STATE PENAL LAW, BOTH CLASS A MISDEMEANORS.

    Most licensees are notified by mail of any suspension or revocation. If you should receive such a notification, you are required to surrender your license and handguns, within five (5) days of receipt of that notification, to any Precinct of the Police Department or to the Pistol Licensing
    Bureau. Turning your handguns over to a gun dealer upon notification of a suspension is not permitted and will substantially lengthen the duration of your suspension. In some cases, this could be cause for the revocation of your license.

    Those instances that cause a license to be suspended will be investigated by the Police Department Pistol Licensing Bureau. If your license should ever be suspended, you will be advised by mail of the reason for the suspension, the name of the investigating officer assigned and their direct
    telephone number. Failure to cooperate with the investigation can result in the revocation of your license. Upon completion of the investigation you will be advised by mail of the results and the reinstatement date if any.

    Those instances that cause a license to be suspended will be investigated by the Police Department Pistol Licensing Bureau. If your license should ever be suspended, you will be advised by mail of the reason for the suspension, the name of the investigating officer assigned and their direct
    telephone number. Failure to cooperate with the investigation can result in the revocation of your license. Upon completion of the investigation you will be advised by mail of the results and the reinstatement date if any.


    It doesn't say anything about the reasons you might be requested to surrender your license and firearm or have your license suspended.

  10. #24
    VIP Member Array Tom G's Avatar
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    This could only happen in New York .They will even send people out of New York to trample on peoples rights in other states.

  11. #25
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    Sorry to hear this, Good Luck.

  12. #26
    Senior Member Array 2edgesword's Avatar
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    Quote Originally Posted by JungleJim View Post
    Was he convicted of a felony? If so that would explain the no guns allowed, even if it is your house. Felons aren't allowed to be by guns.
    Was that part of his probation?
    I don't believe it was a felony conviction and the record was expunged by the court when he successfully completed the court mandated program.

    Having said that this it isn't an issue of his rights. My wife and I have never been arrest or convicted of any crime. In 30+ years of driving my wife has had 1 traffic ticket (I haven't had 3 or 4 in 35+ years of driving). I'm a veteran, successfully passed a number of criminal and psychological background investigations related to employment. My firearms are ALWAYS secured. How far can the government take guilt by association?!?!

    As mentioned before, if your teenage kid gets a DWI does the government now have the right to suspend the parent's drivers license and confiscate their cars?

    And while felons are not allowed to possess firearms he is a minor living in my home (again, separate apartment) and he doesn't possess or handle any of my legally owned firearms.
    Last edited by 2edgesword; February 24th, 2009 at 09:02 AM. Reason: clarification

  13. #27
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    That's a bummer.

    Prayers and wishes are with you.
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

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  14. #28
    Senior Member Array 2edgesword's Avatar
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    DaveH

    Appreciate the prayers.

    Things are just getting very weird in this country with respect to our fundamental right to keep and bear arms.

    Once I'm officially notified of the suspection I can't sell or transfer the firearms until AFTER I surrender them to the police. How do I sell a firearm I don't have in my possession.

  15. #29
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    Most licensees are notified by mail of any suspension or revocation. If you should receive such a notification, you are required to surrender your license and handguns, within five (5) days of receipt of that notification, to any Precinct of the Police Department or to the Pistol Licensing
    Bureau.
    If a person doesn't get their license back what becomes of the guns? Do they become property of the state, are you allowed to sale them to someone who is licensed, are you compensated for them (ie. either the cost of the weapon or the current market value of it)? IANAL but I would think confiscation without compensation would be illegal, but then again we're talking NYS here, not a society where the individuals rights are respected.

  16. #30
    Senior Member Array bbqgrill's Avatar
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    Quote Originally Posted by archer51 View Post
    If a person doesn't get their license back what becomes of the guns? Do they become property of the state, are you allowed to sale them to someone who is licensed, are you compensated for them (ie. either the cost of the weapon or the current market value of it)? IANAL but I would think confiscation without compensation would be illegal, but then again we're talking NYS here, not a society where the individuals rights are respected.
    That was my first thought.
    "To believe that social reforms can eradicate evil altogether is to forget that evil is a protean creature, forever assuming a new shape when deprived of an old one." - SAT

    Never argue with an idiot - they'll bring you down to their level then beat you with experience.

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