This is a discussion on NYS Pistol License Suspension within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Originally Posted by 2edgesword trob09 The license wasn't revoked it was suspended. The reason for the suspension is noted on the suspension letter. In speaking ...
In doing a little research on my own it's near impossible to figure out which of the various article 78 petitions is the correct one to file and the ones I've found require the signature of an attorney.
Anyway, this has been a very disheartening experience.
No offense taken. I wrote a letter to the pistol licensing division to try and get some clarification on the conditions that have to be met to have the suspension lifted. Hopefully the letter won't go into file 13 and I'll get a clear reply on the when, where and how I can have my rights restored (hope springs eternal).
Anyway, thanks again folks for the encourage. It's helpful to know that the whole country hasn't gone off the deep end with respect to firearms and 2nd amendment issues. America still survives even though downstate NY seems to be headed toward a totalitarian stronghold.
Try this guy:
SUNY College- Buffalo Mark Webb firstname.lastname@example.org
But my friends from down near the city, or NJ seem to have problems with their permits all the time. A buddy of mine in Rockland had his pistol permit suspended for getting into a fist fight (in a store) while his CCW was still in his shoulder holster. The gun was never pulled, the other fighter never knew, but when the cops came to the store they tried to take his gun.
Later his license was suspended because they said he "acted in an unsafe manner" while carrying a weapon. He did not start the fight, he was only defending himself, and they basically pushed him for NOT shooting the other guy. He explained that he could not avoid the fight and did not want to pull his weapon in the middle of a store against an attacker who was not armed. Well after arguing his point to many people, lawyers, judges, police......etc..... He finally got his license and pistols back after about 3 months of arguing......
NY is bad, but upstate is not nearly as bad. For a guy from NJ like me upstate NY feels like freedom......
Sad day for all firearm owners.......we just never know when will this happen to each and everyone of us!!! Maybe we should start a foundation on collecting donation for fighting this in court.
In response to that question, I know first hand that if you cancel your license in a situation like this as opposed to having your license revoked, you will be allowed to reapply for a new license after two years. That fact I received from a pistol license officer at the licensing division.
One more step and it's on!
Unfortunately the situation has become "you're dammed if you do or you're dammed if you don't".
While our 2nd amendment rights and freedoms carry a tremendous responsibility the second guessing and heistation that can occur during a high stress situation over concerns regarding the justification for using deadly physical force and/or concerns for the safety of others could get you killed. These are things criminals aren't concerned with and to a certain extent give them an advantage in an altercation. It's a risk we take in trying to be responsible, law abiding citizens.
As mentioned before NYS penal law gives the licensing authority almost unlimited discretion with respect to pistol licensing. Unless you've got deep pockets to challenge what you believe is an unjust exercise of that authority there is no stopping them. And as you've mentioned the situation in NJ is just as bad. NYC is down right oppressive.
"Sad day for all firearm owners.......we just never know when will this happen to each and everyone of us!!! Maybe we should start a foundation on collecting donation for fighting this in court."
Given the situation with the legislature in NY I consider the state a lost cause. Unless something dramatic happens on the federal level the best we can do is perform a holding action to prevent it from getting any worse.
I still support the NRA and GOA nationally because like you said it could happen anywhere if we allow that antis to have there way. They've got huge money backing them and if we (pro-2nd amendment) don't hang together in the fight we'll hang separately individual by individual and state by state in losing our ability to exercise our rights.
I'm VERY concerned about the lax attitude of the younger generations regarding the 2nd amendment as well as the prevalent view (especially in places like NYC) that the government will protect and provide your every need.
As for the younger generations, the anti's and the medias are spending tons of money "wrongfully" educating the general public to fear guns, period. I am a firm believer in education. We must spend more time and money on properly educating the next generations.
Best of luck to you....
I was just wondering if the apartment has it's own separate mailing address, or are both residences under the same street address? If it is a separate address, that would be a plus in your favor. I wish you luck and I thank you for fighting of this. it helps us all.
I know NY keeps a lot closer track of where our guns are than they used to. My wife recently got her NY permit. The guy at the sheriff's office said to me (half joking) that if my wife gets herself arrested, they will come for my guns too. I asked if I could avoid that by throwing her out if she gets arrested and he said they would still come because that is her address on record. They also now send out a letter 'reminding' the spouse to surrender or sell the guns within 15 days when a gun owner passes away. I hate NY.
May not be relevant but do you and your daughter/grandson have a written lease agreement or is it an oral agreement? Just wondering out loud would the licensing board look favorable if you had a written agreement that either prohibits illegal weapons, gang activity etc... or prohibit weapons generally. This may not carry any weight but it could show your intent not to promote gang activity.
Good luck on whatever you do.
NRA Certified Pistol Instructor
A gun in the hand is a million times more valuable than a cop on the phone!
FL Concealed Weapon or Firearm Program
This came up during one of my conversation with a lawyer.
There is no lease agreement. In fact it would require jumping through major hoops to have the house zoned as a legal two family dwelling where it could legally rented to someone that wasn't a member of my immediate family. While that might be a help in having the suspension lifted it could take many months and end up costing more then the cost of hiring a lawyer to go to court on this issue.
At this point my daughter hopes to be in here own place within a year or so so it looks like I might just have to suffer through this until she and my grandson are out on their own.
I'm still taken back by the issue that the actions of a minor, even on living in the same household could be held as justification for infringing on my rights. Again, I go back to the DWI situation where a child or spouse is issued a DWI. Is that justification for suspending the drivers license of the other adults in the house and confiscating their vehicles.
If my grandson is such a threat (he's not but that's grandpa talking) arrest him.
I'm both saddened and amazed after reading through this posting. I cannot believe that NY would have the right to seize without compensation for something you had no control over or were in any way involved with. Even after taking pictures and being able to show that while it may technically be the same address, it's two different residences and he has no direct access to your house or your handguns.
But then again, this is a state where Martha Stewart's daughter was issued a pistol permit to kill her two aging bulldogs in case another attack like 9/11 ever happened again and she had to leave in a hurry, but on a regular basis refuses to issue to honest, legal people who are only interested in protecting themselves, their family, and their property.
I wish you all the best of luck and you have my full moral support. Hopefully, this can be resolved quickly and you can reclaim your pistols soon.
I very much appreciate the well wishes.
Unfortunately unlike the recent post "Hope for NY" this state is lost as far as the advancement of 2nd amendment rights is concerned. The mindset of the majority of people in downstate NY is TOTAL twisted with respect to firearms related issues. The vast majority have brought the anti-firearm philosophy and paranoia of the Brady bunch hook, line and sinker. I had a conversation with a co-worker on Friday that would have the heads of most of the forum members spinning. It's a conversation that displayed the immense ignorance of people in this part of the country regarding firearms and the history/heritage of our 2nd amendment rights! It's was mindnumbing!