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Old July 6, 2009, 09:16 AM   #1
Maxb49
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New York Law help please

Anyone in New York knowledgable on state laws regarding handgun licensing? I'm working with an Erie County Legislator who has expressed interest in changing the county regulations to reduce the wait period of a year or more down to several weeks or less. Want to put it in the form of a county resolution, but still unclear on how much discretion county has. Any help would be appreciated, please pm me if interested.
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Old July 6, 2009, 09:33 AM   #2
YodaMage
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http://www.nysrpa.org/nygunlaws.htm


Read above. The most interesting part for where you are going is:

Quote:
The determination whether to grant the license has been held to be completely within the discretion of the licensing officer.
This is the basis of control being help solely in the hands of the county judge who can then interpret state law anyway they like. This is also the basis of the county "carry override" which has been applied in Erie as well as other counties.

Quote:
The licensing officer may, in his discretion, add restrictions to the license, limiting the places where the handgun may be kept or carried.
The county judges use outward facing services that directly inconvenience the voter/citizen such as these permits to push their agenda of being overworked and underpaid. The delay is part of the game. Almost any county employee you run across in discussing the topic will give you the 'company line' which is "with the budget cuts and constraints we are unable...blah blah blah..." Of course if you go down to the permit office, you'll find a bunch of folks sitting on their thumbs ala DMV.

One last interesting Erie county fact...when you apply here, you cannot get printed anywhere other then by the Erie county Sheriffs office. In most places you can go to any police station but not here. You get a small slip of paper directing you to the Sheriffs office where you must pay $15.00 CASH ONLY to the guy behind the counter to get your prints. I'm guessing that this money, being cash only, never sees the books. Why not certified or Money Order? It stinks of a scam and a way to route the control board and any reporting.
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Old July 6, 2009, 09:38 AM   #3
YodaMage
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Another useful link.

http://www.nraila.org/statelawpdfs/NYSL.pdf
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Old July 6, 2009, 09:53 AM   #4
Maxb49
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Thanks for the information. Would it be within the discretion of the county to pass a law which does the fingerprinting right in the pistol permit office and issues the permit immediately on the basis of a background check similar to the background check conducted at the purchase of a rifle or shotgun?
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Old July 6, 2009, 01:54 PM   #5
YodaMage
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I don't believe so.

Quote:
An investigation will be conducted regarding all
statements required in the application. This includes
taking the fingerprints and physical descriptive data of the
applicant. One copy of the fingerprints will be forwarded
to the FBI for a search of the applicant’s criminal records.
That said, the FBI is actually fairly efficient and not the real barrier to the process. What could realistically happen is not unlike surrounding counties where the application and printing are done on day 1, fingerprints are sent to FBI (or IAFIS used) and NICS check run. This should take a week or two even with load.

The reference check is really a joke. Not unlike a job application, anyone knows enough to just stack the deck with people that will just spew the required answers.

That said, the above IAFIS and NICS check are done and they file should be in front of the judge in two weeks. There is no reason that the individual should not have their permit in 30->45 days. If there were any 'red flags' then they could pursue secondary investigations such as interviews/reference checks as a substantiation for their decision.

State law cannot be trumped by the county...they have latitude to 'add on' not override. It is not a matter of county law but rather county overhead and bureaucracy in executing state law.


As far as the addendums added to CCW permits in Erie County...that is a political issue and not a legal issue in the hands of the judges. Unless the state were to pass a law repealing the right of the issuing officer to place restrictions, we are stuck. That said, if the state were to do so, I'm sure even more permits would find themselves indefinitely stalled out in the system. A catch-22 as it were.
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Old July 6, 2009, 03:19 PM   #6
Maxb49
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Does the case have to go before a judge?

I understand it is handled by the sheriff in Chautauqua County, I could be wrong. Could they dispense with the references? If you're from Western New York, you may know the legislator I'm talking about who wants to make this easier.
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Old July 6, 2009, 06:23 PM   #7
YodaMage
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I am from Erie county and am sure I know whomever you are dealing with.

The Sheriff's office in most cases (occasionally it is a town/city LEO) handles and coordinates the application review, but the "Issuing Officer" is a county judge from the jurisdiction. So at he end of the day, the package of materials and LEO recommendation goes to the judge for final decision.

The references and review thereof is not in state law and you can find people in many counties where their references were never contacted. So could you do away with them and just accept that anyone submitting an application can come up with four people to say they are not a menace? Legally, yup.

New York Penal Code, section 400.

http://ypdcrime.com/penal.law/article400.htm

You may find this a good read as well:

http://www.timesunion.com/aspstories...storyid=295780
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