NYS Pistol License Suspension - Page 6

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 glad it went well with the Lawyers and good luck in the job dept....

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Thread: NYS Pistol License Suspension

  1. #76
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    I'm glad it went well with the Lawyers and good luck in the job dept.


  2. #77
    VIP Member Array Thanis's Avatar
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    If you are sucessful, I wonder if a gun mag might pay your legal costs for an interview / article.
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  3. #78
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    Which attorney did you use? Local to the Island or the guy Chambers in NYC? The system s**ks! Once you get the guns back, I wish you could sue them for all your costs. Keep us posted. Good Luck!

  4. #79
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    Quote Originally Posted by Thanis View Post
    If you are sucessful, I wonder if a gun mag might pay your legal costs for an interview / article.
    This may be a good idea.

    Good luck and prayers sent.
    For as the lightning comes from the east and flashes to the west, so also will the coming of the son of man be. Mathew 24:27

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  5. #80
    Senior Member Array 2edgesword's Avatar
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    Quote Originally Posted by ultra45 View Post
    Which attorney did you use? Local to the Island or the guy Chambers in NYC? The system s**ks! Once you get the guns back, I wish you could sue them for all your costs. Keep us posted. Good Luck!
    Both attorney's are located on Long Island. One was recommended by NRA Grassroots and the other was recommended someone on another forum.

    One of the issues I'm dealing with is that as far as self-defense is concerned a pistol license in Suffolk County is meaningless given the adminstrative restrictions on concealed carry. Yes, I can't spend thousands of dollars on challenging this decision and maybe have the suspension lifted in six months or a year. For what, to be issued a license that allows me to carry concealed to and from the range!

    My grandson will be seventeen this month and was accepted into a job training program upstate. My daughter has plans to leave the state at some point over the next year or so. She's in the medical field and can find a job almost anywhere.

    So my options are to wait it out for a year or two until the situation changes or spend thousands of dollars (to my wife's chagrine given our current economic situation) to go down the legal path that at best would get me a license that is pretty near worthless as far as concealed carry and self-defense is concerned.

    Having said all this it is the principle of the thing what bothers me far more then the temporary loss of my property. How far can the government go in infringing on individual rights (oh sorry, here in the PRNY owning a handgun is not a right) using the argument that the action is being taken for the good of the general public? Again, if a kid or a spouse gets a DWI are we going to suspend the driver's licenses and impound the vehicles of everyone living in the house?

    The stubborn mule in my wants to go to battle, spend the money and hiring the lawyer based on principle. The realist in my (continually encourage on by my wife says) let it go.

    BTW, they just installed huge, thick plexiglass barriers at the pistol licensing office that separate the officers handling transactions from the public. You now slide the paperwork and firearm under the barrier in a recess formed in the countertop. This was just done in the last week because they weren't there last week when my wife had her interview. I'm wondering what the heck they're expecting that prompted this new addition.

    O.k., thanks once again for putting up with my almost daily rant on this. I think I'll blow off some of my frustration at the range tomorrow with my new Mossberg 500.

  6. #81
    VIP Member Array Thanis's Avatar
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    Your third option might be to forget about the lawyer, and just try it yourself. But I guess beyond time, there may still be some filing costs. Still, sometimes people get a lot done just taking matters into their own hands (I know a few people who found they did a better job then the attorney, but it is far from the norm).
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  7. #82
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    Meanwhile every criminal in New Yorkistan has weapons to spare.

    I really hope that this works out in your favor. It is sickening to me that this has happened to you. Your grandsons misconduct doesn't make you a criminal. I don't understand how this guilt be association thing is being used, are they trying to say that you'd lend the kid your gun, or he'd steal it,despite you having it in a safe ? This really is just plain crazy. I hope that you are eventually able to sue these clowns into oblivion for trampling all over you and your family like this.

  8. #83
    Senior Member Array 2edgesword's Avatar
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    Thanis

    In NYS there is an article 78 proceeding that can be pursued. Technically I don't think you need a lawyer but given what I do know about the law by the time I figured out how to do and stumbled through the process my grandson would be 21 years old and out of the house.

    PNUT

    Appreciate your sentiments.

    I take firearms ownership very serious as I do the rights we have as Americans. If my grandson's presence in the house given all the measures my wife and I take to safeguard our firearms (having raised four kids of our own and never an incident) is such a threat why has taken two years to take this action? What do they do if LEO's kid gets into some trouble?

    Repeat, I have no sympathy for my grandson's criminal activity, none. On the other hand infringing on my rights based on the actions of another is just plain wrong and begs the question where does it end.

  9. #84
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    Too lazy to re-read all the threads, did they tell you WHY they are taking the guns? Specifically, did they say it was due to the fact your grandson resides in the house?

    Although counties in NYS can impose restrictions on a license, there is no provision for that in the PL. Also, it is your right to own a firearm in NYS. You may have to apply for a license and register your weapons, but they MUST issue you the license if your background is clean.

  10. #85
    Senior Member Array 2edgesword's Avatar
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    The official reason as stated in the suspension letter is "a member of your family residing in you house hold has gang affiliations". In spite of our explanation that our grandson (16 years old) leaves in a separate apartment with his mother with no common access to our apartment (door locks, alarm system, lock boxes bolted to the floor, etc.) the licenses were suspended.

    It's an issue of enumerated powers. NYS penal law leaves the door opened for the licensing authority to add administrative restrictions to a license and gives them sole discretion to issue, suspend or revoke a license with the only recourse being the time and expense of pleading your case to the State Supreme Court. The penal law says the licensing authority can revoke a license at any time.

    Your signature references "Location: USA". Many counties in NY do not function as part of the United States. My background and my wifes background are clean. Never arrested, never convicted, never received psychiatric care or ruled mentally/emotionally defective, no issues with domestic violence, order of protection, etc., etc., etc. But my background and my wife's background aren't in question. Apparently in my county it's not just a matter of your personal conduct but the conduct of those that live with you that matters.

  11. #86
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    Handguns

    Let me get this straight it is only the handgun that is the issue correct.
    They will allow you to have long rifles/shotguns right????

  12. #87
    Senior Member Array 2edgesword's Avatar
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    Quote Originally Posted by todd2968 View Post
    Let me get this straight it is only the handgun that is the issue correct.
    They will allow you to have long rifles/shotguns right????
    Todd

    You got it right.

    In the convoluted system here in NY my handguns, which are much more easily secured, are not allowed under this suspension while my long guns are not subject to this suspension. This was something I discussed with one of the lawyers I met with.

    This goes back to the broad authority and discretionary power the licensing agent has with respect to licensing handguns in NYS. Thankfully for now that authority doesn't extend to rifles and shotguns.....YET.

  13. #88
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    Quote:
    Originally Posted by todd2968
    Let me get this straight it is only the handgun that is the issue correct.
    They will allow you to have long rifles/shotguns right????

    This don't make alot of sense ?. I know it's NY.

  14. #89
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    ccman

    You are correct.

    There is no license required in NYS (except NYC) for long guns. Again, not being a lawyer I don't see anything in the penal code that would give PD the authority to confiscate my long guns unless I committed a crime or there was some domestic violence issue. But since the licensing authority in NYS has sole discretion regarding pistol licenses they don't need a reason to suspend your license and if they do it it is up to you to pay the money to hire a lawyer to challenge the suspension.

    Is there a judge somewhere in NY that would grant a warrant to seize my long guns based on the justification used to suspend my pistol license? We're talking about NY so it wouldn't surprise me if they could.

  15. #90
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    Quote Originally Posted by 2edgesword View Post
    The official reason as stated in the suspension letter is "a member of your family residing in you house hold has gang affiliations". In spite of our explanation that our grandson (16 years old) leaves in a separate apartment with his mother with no common access to our apartment (door locks, alarm system, lock boxes bolted to the floor, etc.) the licenses were suspended.

    It's an issue of enumerated powers. NYS penal law leaves the door opened for the licensing authority to add administrative restrictions to a license and gives them sole discretion to issue, suspend or revoke a license with the only recourse being the time and expense of pleading your case to the State Supreme Court. The penal law says the licensing authority can revoke a license at any time.



    Your signature references "Location: USA". Many counties in NY do not function as part of the United States. My background and my wifes background are clean. Never arrested, never convicted, never received psychiatric care or ruled mentally/emotionally defective, no issues with domestic violence, order of protection, etc., etc., etc. But my background and my wife's background aren't in question. Apparently in my county it's not just a matter of your personal conduct but the conduct of those that live with you that matters.

    I'm in Queens. I would think Heller applies for keeping a handgun in your home, your grandsons gang affiliation or not should not stop you.

    You can't find any attorney to handle this situation pro bono or for a nominal fee? Non of the gun alphabet groups will step up to the plate? This sounds like a grounder to me, that can only benefit the cause in the long run.

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