Can Counties Ban Pistols That Are unSafe Act Compliant?

[Chevusa]

Well 500+ people applied for their permits just this month alone once they realized it’s nothing but a on premise - to the range pistol permit and that people upstate have full carry, that’ll leave a bad taste in peoples mouth.

Good. It’s about time for action. SCOTUS will be a very 2A friendly place come late October.

 

[C3D]

Thanks for the additional info. Your chances of getting any further with Yaphank are nil unless you want to hire a lawyer and pursue legal action, which will cost significant funds. Even then I could not give you strong assurances you'd succeed, at best it is a 50-50 proposition. If you choose to go down that route there are a handful of firearms attorneys around that are worth talking to about your case.

 

[DrBleachCocktail]

Good. It’s about time for action. SCOTUS will be a very 2A friendly place come late October.

Cali is going through some serious times as they might get rid of their AWB if they do NY has a high chance also. Then I won’t have to move, I’ll still leave Suffolk County though. Too much optimism.

 

[DrBleachCocktail]

Thanks for the additional info. Your chances of getting any further with Yaphank are nil unless you want to hire a lawyer and pursue legal action, which will cost significant funds. Even then I could not give you strong assurances you'd succeed, at best it is a 50-50 proposition. If you choose to go down that route there are a handful of firearms attorneys around that are worth talking to about your case.

Do you know any?

 

[C3D]

Start with James Murtha, Murtha & Murtha, PLLC | Suffolk County Lawyer | Nassau County Lawyer | Long Island - one of the more experienced RKBA guys. He can give you a realistic picture of whether it is worth your time.

 

[DrBleachCocktail]

Start with James Murtha, Murtha & Murtha, PLLC | Suffolk County Lawyer | Nassau County Lawyer | Long Island - one of the more experienced RKBA guys. He can give you a realistic picture of whether it is worth your time.

Thank you sir!

 

[Cooolone]

They have broad authority over the license. I have shown where licenses have been denied for being rude to office staff. I’m not sure this is a battle you want to fight. It is not likely to end well. If you don’t like the limitations (restrictions) of the license it can easily be revoked. He is free to proceed as he wishes however. I wish him nothing but luck. They just aren’t scared of some random guy pounding his chest making threats.

Broad authority does not mean they can violate the Rights of citizens, and the fact that they haven't been challenged or precedent established by the courts because they will defer if and when challenged also does not constitute legitimacy to what they do. Broad authority does not provide for the institution of Capricious and Arbitrary hurdles and restrictions upon a persons ability to exercise their Right(s)... Simply amazing the mentality of some, and the defeatest mantra willing the be accepted.

A battle to fight? You mean using all legal means to keep those who operate on the fringe of the law in check and ensure you enjoy the same opportunity to exercise your Rights as other residents in the State, maybe who don't live in your county? Yeah, that'll stand scrutiny! Only NYShitty is specific in its exemption to State Law.

Not likely to end well? And you make reference to not only Capricious denial of Rights but the malfeasance exhibited by issuing authority due to arbitrary interactions? Wow...

You reduce a residents ability to utilize the legal system to redress their greviances in this particular scenario with "Chest Pounding"... Wow again! Really... What does that mean? Everyone should just take it, be willing to submit to this type of bullshit? Yeah, I've got no skin in this and it's easy for me to say. And the county I live in don't do this shit to it's residents as it's very 2A friendly. That said... I wouldn't stand for it. As said, I would submit to application because even if it's going to get disapproval, it will anyway. At least then there is that, and can go from there. Filing the petition for appeal isn't a big deal either, and with some balls and consult with legal representation, can fight the bullshit. And if that gets shot down, go from there. Lastly, I would record every single interaction with anyone from the licensing agency going forward, or do you present that somehow Single Part Consent doesn't apply here either...? Because you get these idiots making inappropriate commentary during interactions you'll just strengthen your position legally.

Here's the most ridiculous kicker in this entire thing... I don't live in Suffolk, but I can go drive there right now with my firearms on my hip that they don't like and laugh my ass off because they have no control over me, just those poor unfortunate residents that decided to live there. That's a sad fucking thing really, and the true absurdity of these idiots! I think we can all agree on that. And my entire point is to fight fire with fire, that's all.

 

[DrBleachCocktail]

Here's the most ridiculous kicker in this entire thing... I don't live in Suffolk, but I can go drive there right now with my firearms on my hip that they don't like and laugh my ass off because they have no control over me, just those poor unfortunate residents that decided to live there. That's a sad fucking thing really, and the true absurdity of these idiots! I think we can all agree on that. And my entire point is to fight fire with fire, that's all.

They’d probably question you and ask why are you conceal carrying and probably hit you with some BS law that you can’t carry conceal in Suffolk lol but on a serious not there nothing they could do since you are legally allowed to carry here.

 

[Chevusa]

Tell them that you'd hate to have to send a letter to Amy Coney Barrett

 

[DrBleachCocktail]

Tell them that you'd hate to have to send a letter to Amy Coney Barrett

Like you said who am I to them? Even if things were to rule in my favor they’ll just find another reason to deny it. NYS does what it wants.

 

[spat]

The whole system in this state is bullshit.

You're not the only one getting screwed. I've been told by an FFL that Washington County won't put an AR pistol on your permit either. The whole state is messed up but it's even more ridiculous that some people in this state can have something that others can't just because a licensing agent doesn't like a certain gun.

The term "arbitrary and capricious" comes to mind.

Alone with a number of other more colorful phrases.

 

[Chevusa]

Broad authority does not mean they can violate the Rights of citizens, and the fact that they haven't been challenged or precedent established by the courts because they will defer if and when challenged also does not constitute legitimacy to what they do. Broad authority does not provide for the institution of Capricious and Arbitrary hurdles and restrictions upon a persons ability to exercise their Right(s)... Simply amazing the mentality of some, and the defeatest mantra willing the be accepted.

A battle to fight? You mean using all legal means to keep those who operate on the fringe of the law in check and ensure you enjoy the same opportunity to exercise your Rights as other residents in the State, maybe who don't live in your county? Yeah, that'll stand scrutiny! Only NYShitty is specific in its exemption to State Law.

Not likely to end well? And you make reference to not only Capricious denial of Rights but the malfeasance exhibited by issuing authority due to arbitrary interactions? Wow...

You reduce a residents ability to utilize the legal system to redress their greviances in this particular scenario with "Chest Pounding"... Wow again! Really... What does that mean? Everyone should just take it, be willing to submit to this type of bullshit? Yeah, I've got no skin in this and it's easy for me to say. And the county I live in don't do this shit to it's residents as it's very 2A friendly. That said... I wouldn't stand for it. As said, I would submit to application because even if it's going to get disapproval, it will anyway. At least then there is that, and can go from there. Filing the petition for appeal isn't a big deal either, and with some balls and consult with legal representation, can fight the bullshit. And if that gets shot down, go from there. Lastly, I would record every single interaction with anyone from the licensing agency going forward, or do you present that somehow Single Part Consent doesn't apply here either...? Because you get these idiots making inappropriate commentary during interactions you'll just strengthen your position legally.

Here's the most ridiculous kicker in this entire thing... I don't live in Suffolk, but I can go drive there right now with my firearms on my hip that they don't like and laugh my ass off because they have no control over me, just those poor unfortunate residents that decided to live there. That's a sad fucking thing really, and the true absurdity of these idiots! I think we can all agree on that. And my entire point is to fight fire with fire, that's all.

You don't have a right to a pistol permit in NY. In pretty much every case it has been ruled that broad authority applies. Many many courts have ruled that the licensing officer has a wide berth in terms of regulating the permit and setting ground rules for it's issuance. I have researched this and read many official court decisions. I wished him luck if he wanted to pursue this because he is going to need it. A judge is unlikely to take broad authority away from another judge. The judge who issued the permit has special and unique abilities regarding its administrative function. If judge A says no carrying in a bar, judge B is not going to get involved or interfere with it. For now it is what it is.