Appellate Court and Restricted Permits = BE CAREFUL

[Cooolone]

Courts should not legislate from the bench... It's that simple! Their job is to interpret the law as written, not fill in imaginary blanks where there are none. Fuck these assholes that would add scrutiny to the laws as written and already burden firearm owners any more than the arduous and ridiculous hoop-jump-through process that already exists in order to exercise their Rights!

That is all...

Carry on!

 

[spat]

Point is they can just pull the license then all guns automatically go with it. Amounts to a huge "fine" automatically. All guns lost. The money you spent ...gone.

If you're worried about it setup a gun trust like the NFA guys do. Make sure you have someone else on the trust that doesn't live with you.

 

[spat]

Oh and does anyone have any evidence to support his claim that if your issuing judge pulls your handgun license you lose your rifles and shotguns and can never own a gun again like he claims multiple times in here and has countless times in the past??

It's in PL400

" (c) In any instance in which a person's license is suspended or
revoked under paragraph (a) or (b) of this subdivision, such person
shall surrender such license to the appropriate licensing official and
any and all firearms, rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency as
provided in subparagraph ..."

 

[Edwardteach72]

It's in PL400

" (c) In any instance in which a person's license is suspended or
revoked under paragraph (a) or (b) of this subdivision, such person
shall surrender such license to the appropriate licensing official and
any and all firearms, rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency as
provided in subparagraph ..."

Something Something broken clock Something Something

 

[spat]

Something Something broken clock Something Something

Interestingly, while it requires you to surrender all your guns, it *does not* prevent you from acquiring more.

You could legally go out the next day and buy duplicates of all the long guns they just seized.

Not sure what would happen if you got wind of the seizure ahead of time, sold them all to an FFL, then bought them back the day after you were served....

 

[Acer-m14]

It's in PL400

" (c) In any instance in which a person's license is suspended or
revoked under paragraph (a) or (b) of this subdivision, such person
shall surrender such license to the appropriate licensing official and
any and all firearms, rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency as
provided in subparagraph ..."

i will fix that ..

It's in PL400 section .. section FUAC sucks Biden Weener .. subsection moms demand action

" (c) In any instance in which a person's license is suspended or
revoked under paragraph (a) or (b) of this subdivision, such person
shall surrender such license to the appropriate licensing official and
any and all firearms, rifles, or shotguns owned or possessed by such
person shall be surrendered to an appropriate law enforcement agency as
provided in subparagraph ... unless you are gangbanger or criminal with a rap sheet, then you
can keep your criminal pistol permit and all non compliant arms "

that is what the fucking courts are reading ..

 

[Darth]

Oh and once he was proven wrong he trys and divert it over to omg wow look how expensive this was for this person thats all I was trying to do show how expensive fighting a case and winning will be that was my only intent

Either way, it doesn't apply to me, a highly trained operator.

 

[nortatoga]

HENDERSON v. UNITED STATES

www.law.cornell.edu

 

[Robin]

My permit says, Call county DMV to schedule your road test.
Robin

 

[Saltwater60]

Thread will be locked in 3...2...1...

 

[GOPerfect]

Thread will be locked in 3...2...1...

As it probably should....

Lots of really bad information in this thread.

Too many google searches and not enough true understanding.

 

[repete]

Wow. I just came across this wile reading up on something else. It's a bit of a read but basically it all boils down to the Appellate Court (highest court in NY) saying carrying out of restrictions on your pistol permit could result in criminal prosecution for the violation under subdivision 15 of section 400.00.

I know this has been discussed here before but I do not remember anyone referencing this ruling by the high court. Oh and this is the least of your worries. In this case the prosecutor argued that carrying out of restrictions means you don't have a license at all when in violation. They weren't successful, but ouch. Be careful out there.

People v. Parker, 70 AD 2d 387 - NY: Appellate Div., 1st Dept. 1979 - Google Scholar

scholar.google.com

Permit??? I don't need no stinkin permit!

 

[Vapor]

This kind of nonsense is exactly why I don't want a permit in NY. Not going to lose $1,000s of dollars in long guns for some stupid thing.



There's a lot of land out there that isn't NY.

 

[Vinson57]

Time to end the madness, the resist nature of the Sullivan law.

 

[Darth]

This kind of nonsense is exactly why I don't want a permit in NY. Not going to lose $1,000s of dollars in long guns for some stupid thing.



There's a lot of land out there that isn't NY.

So you'd rather lose your right to protect yourself with handguns?

 

[Vapor]

So you'd rather lose your right to protect yourself with handguns?

Eh, I live in a pretty safe area. I have an exit plan within the next few years.


Its funny you think in NY we have a "right" to defend ourselves at all.

 

[Darth]

Eh, I live in a pretty safe area. I have an exit plan within the next few years.


Its funny you think in NY we have a "right" to defend ourselves at all.

How "safe" you perceive your area to be is irrelevant, and I'm assuming you leave it now and then.

The difference between my "funny thoughts on right to self defence" and yours is that extra 2lb weight I carry.

 

[Vapor]

To each their own.

I have never felt the compulsion to be treated like a second class common criminal, needing to ask if it pleases the crown may I own hand guns. Oh sure, I should go, be photographed, finger printed, investigated, and put in front of a judge to excercise a "right" to MAYBE if it pleases my superiors, be allowed to possibly carry a hand gun. One small slip up, even accusation, said judge pulls my permit and takes all of my firearms? Oh yeah, I loooovveee that deal. You literally lose every way to sunday.

You and I hypothetically have a misunderstanding at a restaurant. I say, have a little too much wine, and you say something slightly offense to me. I, maybe shove you. You maybe in the heat of the moment shove me. Police are called. I accuse you of harassment and claim assault. Your issuing permit judge pulls your permit.

Later, sure you are acquitted. I was the offender, but do you ever get your pistols and "right" back?

I'm not saying any of you are wrong for having a permit. I'm glad lots of you do. Two of my older brothers do. For me, I can't get beyond the incredible amount of risk and ring kissing. If I plan to stay here for life, sure...

You also assume I don't have access to a long gun in my car, at home, or at work. Would I like to be able to go to the grocery store with a pistol? Sure, but most places I personally am, I have access to firearms.

 

[Darth]

To each their own.

I have never felt the compulsion to be treated like a second class common criminal, needing to ask if it pleases the crown may I own hand guns. Oh sure, I should go, be photographed, finger printed, investigated, and put in front of a judge to excercise a "right" to MAYBE if it pleases my superiors, be allowed to possibly carry a hand gun. One small slip up, even accusation, said judge pulls my permit and takes all of my firearms? Oh yeah, I loooovveee that deal. You literally lose every way to sunday.

You and I hypothetically have a misunderstanding at a restaurant. I say, have a little too much wine, and you say something slightly offense to me. I, maybe shove you. You maybe in the heat of the moment shove me. Police are called. I accuse you of harassment and claim assault. Your issuing permit judge pulls your permit.

Later, sure you are acquitted. I was the offender, but do you ever get your pistols and "right" back?

I'm not saying any of you are wrong for having a permit. I'm glad lots of you do. Two of my older brothers do. For me, I can't get beyond the incredible amount of risk and ring kissing. If I plan to stay here for life, sure...

You also assume I don't have access to a long gun in my car, at home, or at work. Would I like to be able to go to the grocery store with a pistol? Sure, but most places I personally am, I have access to firearms.

Yet I'm assuming you have a driver license.

Your hypothetical situation might end up with me losing my rights.

Our actual scenario has you voluntarily refusing them.

 

[Chevusa]

Eh, I live in a pretty safe area. I have an exit plan within the next few years.


Its funny you think in NY we have a "right" to defend ourselves at all.

It's all good until it isn't my friend.