NYS Pistol License Suspension - Page 3

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; OMG, you folks in NY have entirely too much bureaucracy. Pistol Licensing Division what a bunch of crap. Have you considered moving the person, persons ...

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Thread: NYS Pistol License Suspension

  1. #31
    Member Array oldogy's Avatar
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    OMG, you folks in NY have entirely too much bureaucracy. Pistol Licensing Division what a bunch of crap.
    Have you considered moving the person, persons who brought this nonsense about into another apartment? May be cheaper than fighting the legal battle.
    oldogy


  2. #32
    Senior Member Array Paladin132's Avatar
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    I would say due process was definitly violated here, I would also say that whatever law they are operating under are constitutionally over broad and vague. You are going to have to give it up, get a receipt for your property, and fight it legally though. If you make things worse by not surrendering it, you will be guilty of another part of the law that will make your case worse when it goes to court.

    I will encourage you to fight it in the courts though, if you do not, well, it keeps going. If you fight it, you bring it to the attention of others, as well as possibly fighting the law and getting it over turned or abolished. This is silly, and I agree it equates to the DUI comparison.

  3. #33
    New Member Array Stainless45's Avatar
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    I would second the advice of some others here, find alternatives to turning in your weapons while this gets worked out if at all possible- You probably won't get them back- I've heard unfortunate stories of this nature before, and once the law has them, you can probably kiss them goodbye.

    Gotta love NY

  4. #34
    Senior Member Array 2edgesword's Avatar
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    I'm not a lawyer but based on my reading of NYS Penal Law (Article 400) it is not clear to me if they actually need a reason to revoked or suspend your license.

    11. License: revocation and suspension. The conviction of a licensee
    anywhere of a felony or serious offense shall operate as a revocation of
    the license. A license may be revoked or suspended as provided for in
    section 530.14 of the criminal procedure law or section eight hundred
    forty-two-a of the family court act. Except for a license issued
    pursuant to section 400.01 (retired LEO) of this article, a license may be revoked and cancelled at any time in the city of New York, and in the counties of Nassau and Suffolk, by the licensing officer, and elsewhere than in the
    city of New York by any judge or justice of a court of record; a license
    issued pursuant to section 400.01 of this article may be revoked and
    cancelled at any time by the licensing officer or any judge or justice
    of a court of record. The official revoking a license shall give written
    notice thereof without unnecessary delay to the executive department,
    division of state police, Albany, and shall also notify immediately the
    duly constituted police authorities of the locality.


    On the one hand it mentions issues related to a felon or order of protection (530.14 and section 842) as reasons for a revoking a license but then goes on to say that a license can be revoked at any time by the licensing officer.

    Neither my wife or I have ever been arrest, charge or convicted of any crime and we've never been involved in any order of protection issues.

    The private property issue and how we would be compensated is another matter. But once the license is revoked you are then in volation of NYS firearms possession laws.

  5. #35
    Senior Member Array dripster's Avatar
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    While your license is suspended the firearms are still yours, as the police dept. which I am assuming is either Nassau or Suffolk county. Have a friend take possession of your weapons and put them on there license for now as this will take them out of the Police depts. gun vault. I had the same thing happen to a friend in Nassau county. The NCPD made him surrender his license and weapons due to an investigation. Eventually he cancelled his license instead of having it revoked and sold his weapons to someone else.

    The NRA will not intervene here as there impression of NY is a lost cause. Look up a gun lawyer asap.
    One more step and it's on!

  6. #36
    VIP Member Array matiki's Avatar
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    I hate big cities. They are flocks of sheep ruled by the wolves.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  7. #37
    Senior Member Array 2edgesword's Avatar
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    Both the NRA and GOA responded today and both recommended consulting an attorney. The NRA Grassroots division provided a recommendation for an attorney near me and I've got an appointment for a consultation next week. Mr. Chambers was also recommended but it would be difficult logistically to have him handle a case given the distance involved.

    At this point our options in the short term aren't very good so it seems prudent to start looking into transferring ownership of our handguns to a relative or friend rather then surrendering them to the PD. I have some relatives and friends that are police officers so I might ask one of them to take ownership while this gets resolved.

    Thanks for all the input folks. I'd love to leave the People's Republic of NY and move to the United States of America but with jobs, kids and grandkids here my wife's not having it.

    I'll keep posting periodically as the situation unfolds.

  8. #38
    Distinguished Member Array CT-Mike's Avatar
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    Man,

    This situation really sucks. I loved living in Saratoga, but will never move back to NYS again. I hope that you are able to retain counsel and win back your right to keep and bear arms. How much does it suck that you have to hire a lawyer to retain your constitutional rights?

    I would say 'Unbelievable', but this is totally believable for NYS.

    Good luck, and keep us posted.

    Mike
    "The natural progress of things is for liberty to yield, and government to gain ground."

    - Thomas Jefferson

    "I'm the arrow, you're my bow, shoot me forth and I will go"

    "Do not let any individual posts put a knot in your Big Boy Under-Roos"

  9. #39
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    Wolves??

    Quote Originally Posted by matiki View Post
    I hate big cities. They are flocks of sheep ruled by the wolves.
    Ruled by the wolves?? Nah, wolves do most of their own dirty work.

    Maybe our analogy of sheep, sheepdogs, and wolves needs another critter.

    Anyone have a nomination for a bottom dwelling-greedy-cowardly-cannibalistic-opportunistic scavenger?
    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.

    Veni, Vidi, Velcro

  10. #40
    Member Array oldogy's Avatar
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    Quote Originally Posted by DaveH View Post
    Ruled by the wolves?? Nah, wolves do most of their own dirty work.

    Maybe our analogy of sheep, sheepdogs, and wolves needs a third critter.

    Anyone have a nomination for a bottom dwelling-greedy-cowardly-cannibalistic-opportunistic scavenger?
    Hyena comes to mind.
    oldogy
    Dadsnugun likes this.

  11. #41
    Senior Member Array 2edgesword's Avatar
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    I happen to be visiting one of my other daughter's this evening and shared with her the my situation. My twelve year old granddaughter was listening to our conversation and said to me "what about the Constitution". She then opened up her history textbook and read the 2nd amendment. It seems a 7th grader understands the simple language of the Constitution better then the legal authorities in the State. Incredible!

  12. #42
    VIP Member Array matiki's Avatar
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    Wolves

    In Sheeps clothing.

    That was what I meant, but you may be right that another analogy is more appropriate.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  13. #43
    Distinguished Member Array T Bone's Avatar
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    IANAL, but I see a couple glimmers of hope here. First, in your earlier post where you quote NYS on suspension/revocation, it at least sounds on the surface, like there is to be an investigation during the suspension, and that such suspension is not definitely permanent?

    Second, you indicate your daughter and grandson occupy an apartment at your residence, but is a separate dwelling? If this dwelling is indeed fully autonomous from your residence, that no "common areas" exist, and the grandson does not necessarily have access to your residence, that may be beneficial. Seems like their contention may be his potential access to your firearms. If he does not have access to your residence, this may work in your favor.

    Then again, I am trying to use logic here. I should probably know better when involving a topic like firearms and a government such as New York.

    I wish you the best of luck!

    Oh, on transferring your firearms? Based also on what you've posted, doing so may "significantly lengthen" your suspension? Hmm... all I can say is, if you are pretty certain it's permanent anyway, I would do that. If not, it might... might be worth simply turning them in (if they've not yet notified you, I wonder if doing so before the notification comes will affect you? There I go trying to use logic again... ).
    Regards, T Bone.


    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety". Benjamin Franklin

  14. #44
    VIP Member Array HKinNY's Avatar
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    Quote Originally Posted by T Bone View Post
    Second, you indicate your daughter and grandson occupy an apartment at your residence, but is a separate dwelling? If this dwelling is indeed fully autonomous from your residence, that no "common areas" exist, and the grandson does not necessarily have access to your residence, that may be beneficial. Seems like their contention may be his potential access to your firearms. If he does not have access to your residence, this may work in your favor.

    Then again, I am trying to use logic here. I should probably know better when involving a topic like firearms and a government such as New York. I wish you the best of luck! Oh, on transferring your firearms? Based also on what you've posted, doing so may "significantly lengthen" your suspension? Hmm... all I can say is, if you are pretty certain it's permanent anyway, I would do that. If not, it might... might be worth simply turning them in (if they've not yet notified you, I wonder if doing so before the notification comes will affect you? There I go trying to use logic again... ).
    I was think the same thing about seperated dwellings. What about if you Daughter and Grandson moved out into there own apartment? You do no say where you are located Nassau,Suffolk, Westchester? I would bring my guns into a gun store and see if they will hold for safe keeping and how long will they hold them. The PD may destroy the weapon(s) after a certain amount of time. Since you have not be notified offically yet i would Assume that you are free to do what ever you wish with your firearms. You could sell them to a friend until you get the problem(s) worked out. If you live in Nassau, Suffolk,Westchester area. I would be willing to buy your firearms for $1.00 each with the understanding to be re-purchased for the same $1.00 anytime. Your firearms will become safe queens. No FFl fees needed.

  15. #45
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    Lawyer up ASAP

    Good luck and keep us posted.
    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.

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