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Old March 15, 2013, 11:26 AM   #112
Brian Pfleuger
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Join Date: June 25, 2008
Location: Central, Southern NY, USA
Posts: 18,791
Quote:
Originally Posted by Aguila Blanca
Secondly, by acknowledging that the process is not the same for all residents of the state, the State is admitting that the process is either arbitrary and capricious, or that some citizens/residents of NY state are deprived of due process.


Oh, there's no doubt whatsoever that the process is arbitrary and capricious.

For purposes of this discussion, the NY permit system has two permits categories, Restricted and Unrestricted. Unrestricted is what we'd call a "Concealed Carry Permit".

Cortland County used to have a Judge Mullen, who wouldn't issue Unrestricted permits to anyone, ever. Change of judges and, Voila!, now they hand them out like candy.

Tompkins County permit office employees will tell an applicant straight to their face, "We don't give out Unrestricted permits."

Broome County used to never issue them, then a new judge came in and he started carefully issuing them under certain circumstances, more according to the laws language, such as business owners handling large amounts of cash. My understanding is that he now issues them to almost anyone who applies, who aren't prohibited.

Every county is different. You could live 100 feet from a county line where they'd issue you an Unrestricted permit in a few weeks but in your county you can't get one at all and even a Restricted permit takes 6 months.... and the whole situation might flip-flop at the next election.

It is the very definition of arbitrary and capricious.
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