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Old March 23, 2009, 03:07 PM   #1
Yellowfin
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Join Date: January 7, 2007
Location: West Upstate NY
Posts: 2,303
NYS info

I'm new to the mechanics of NYS law and policy. Some working parts I'd like to find out:

1. I'm told the AG's office doesn't do much of anything regarding fine details and technicalities (like what is a muzzle break)--who does?

2. I gather judges issue pistol licenses, so is it the county commission or board of supervisors that determines the policy, and how closely does a judge have to go by that? Upon determination of eligibility (clean record, no mental issues), is a judge required to issue, or what are the circumstances under which they do or don't and are there verifiable guidelines set in stone?

3. What are some key court cases, both state supreme and 2nd Circuit, that define some issues in NY firearms law? In that X v Y, they said this, so this is why Regulation A applies; for situation A to suck less, you have to overturn X v. Y decision which said ....
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Last edited by Yellowfin; March 23, 2009 at 03:17 PM.
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Old March 24, 2009, 12:43 AM   #2
ThorntonMelon
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Join Date: January 20, 2009
Posts: 26
1. Muzzle breaks will be the least of your problems starting 7/1/2010 if the gun-grabbers get their way. You might want to check out bill# 6294, currently in the NYS Assembly. It's the new NYS AWB due to arrive next year...basically ANY semi-auto with a detachable magazine and a pistol grip OR a barrel shroud, including .22 lr rimfire rifles, forget all the other "evil features".

2. NY is a "may issue" state. As far as what exactly will get you denied, I suspect that it is largely the whim of whomever is signing their name on the dotted line, but a reason must be given for the denial...they can't just say "No...have a nice day".

Depending on the county you live in, the process can be very different, as can as the expense. Many upstate counties issue permits that are unrestricted, good for life, and cost you ten bucks, while Nassau and Suffolk counties (on Long Island) are good for 5 years, cost you $200, PLUS a fingerprinting fee of $94.25, and you can only carry to and from the range when the moon is full. Also be prepared to disclose personal medical info to Nassau county (and I believe Suffolk as well, but I won't swear to it). Nassau county demands to know if "you have ever used, or currently use anti-depressants or narcotics"...and YES, they are referring to LEGAL DRUGS PRESCRIBED BY A PHYSICIAN.

Never mind the fact that this violates HIPPA laws, but they can actually deny you a permit because of the vicodin you took for a few days 5 years ago, after your gum surgery...the definition of 'narcotic' is VERY BROAD, and thus, most adults would technically have to answer "yes", unless you're comfortable with lying on a gov't form. If you answer "yes" to that question, you also have to provide your doctor's contact info so that they can subject him/her to the inquisition as well. Answer "no", and you just committed a class A misdemeanor. And just how will they be able to know if you lied? Well thanks to the fact that every MD in NYS is required by law to use bar-coded, state issued prescription pads, there's a record up in Albany of every pill you've ever swallowed since 2005 when that program started.

Last edited by ThorntonMelon; March 24, 2009 at 12:51 AM.
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