July 6, 2009, 09:16 AM | #1 |
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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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July 6, 2009, 09:33 AM | #2 | ||
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http://www.nysrpa.org/nygunlaws.htm
Read above. The most interesting part for where you are going is: Quote:
Quote:
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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July 6, 2009, 09:38 AM | #3 |
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July 6, 2009, 09:53 AM | #4 |
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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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July 6, 2009, 01:54 PM | #5 | |
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I don't believe so.
Quote:
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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July 6, 2009, 03:19 PM | #6 |
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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. |
July 6, 2009, 06:23 PM | #7 |
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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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