I don't think anyone is disputing what he said, the above posts are because of the wise ass remark he made to doc.
Conversation with a NYS Pistol Permit Holder
- Thread starter cgrutt
- Start date
Marine Cpl
.577 Tyrannosaur.
You are correct. I didn't see his first post and only responded to his second post. He said nothing wrong in his first post.
He is correct. Administrative Restrictions do have the force of law behind them not for Penal Law charges but rather because Penal Law 400 gives the judge the right to revoke or suspend a license for any reason. So if he or she gets angry because you carried outside of the restrictions placed on the license or you cheated on his daughter, he has the force of law to suspend or revoke your license.
Now whether that's constitutional or not is for a bought, corrupt court with political allegiances to decide but it's in the Penal Law.
Put another way, my reply was that we were both saying the same thing I neither disagreed with anything he said nor believe he added anything relevant to the OP. In fact I clearly stated in OP that it is advisable to abide by any restrictions placed on a permit by a judge. I never suggested otherwise. The main point of OP was that its sad that so many NY pistol permit owners have been conditioned to believe being granted a permit is a privilege.
I'm not a lawyer I'm using the term "Force of Law" generally to mean you can't be arrested for it just as I would if a store owner put up a sign no guns and you carried in his store (albeit you could be arrested in latter case if ask to leave and you refused). There are only two types of permits issues under PL400 premises and carry concealed. No such thing as an unrestricted, sportsman, target, etc. These are administrative restrictions that licensing officers (The judges) have taken it upon themselves in some counties to add to some permits. The same judges have upheld the practice through case law no surprise there.
Marine Cpl
.577 Tyrannosaur.
Yep. Many have been conditioned to think that way. Some even suffer from conditioning to think that a corrupt SCOTUS decision is what the founders actually intended and actually quote the decision that concealed carry is a privilege rather than a right in their signature because they agree with it wholeheartedly.
Overly sensitive maybe!
GOYABEAN
.950 JDJ
I'm glad I escaped 
land and even then our Monroe county sheriff's got sued for adding his BS to carry permits
land and even then our Monroe county sheriff's got sued for adding his BS to carry permits
Marine Cpl
.577 Tyrannosaur.
It all boils down to this. Is your collection worth your life? If it isn't, carry concealed. A dead man will have no collection. There are ways to do it properly without any chance of printing and there are ways to create alibis that keep you within your restrictions.
Different Drummer
.44 mag
Willy,
A couple of years ago I might have disagreed with you and I may not agree entirely today. I think just thumbing
our nose at Administrative restrictions is unwise. Having said that I can also say that I am rarely without the capability
to defend myself and loved ones. I have come up with a solution that suits my needs just fine for my PD needs.
A couple of years ago I might have disagreed with you and I may not agree entirely today. I think just thumbing
our nose at Administrative restrictions is unwise. Having said that I can also say that I am rarely without the capability
to defend myself and loved ones. I have come up with a solution that suits my needs just fine for my PD needs.
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Marine Cpl
.577 Tyrannosaur.
I tried reading that post you made but it made my head explode because I'm at work and am distracted. Can you give us a cliff notes version in a nutshell?
EDIT that opinion was recinded and replaced with opinion 18-57 cited below.
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Well that seems it is all for moot the opinion referenced above in last few posts had subsequently been recinded.
Old opinion (17-166 referenced in above posts)
untitled
Current opinion (18-57)
untitled
Summary of current opinion:
A judge does not violate the Rules Governing Judicial Conduct by fulfilling his/her statutory powers, functions, and duties as a licensing officer in good-faith reliance on statutory authority and administrative guidance on how to exercise that authority. However, the judge must still abide by generally applicable ethical principles, to the extent necessary and appropriate, even when acting as a licensing officer, and thus the judge (1) must not be swayed by public clamor or fear of criticism; (2) must respect and comply with the law, including any due process requirements for such proceedings; and (3) must act in a manner that promotes public confidence in the judiciary’s integrity and impartiality.
@Different Drummer note that old post is based upon an opinion that was subsequently recinded and replaced. Suggest editing post to reflect same.
Old opinion (17-166 referenced in above posts)
untitled
Current opinion (18-57)
untitled
Summary of current opinion:
A judge does not violate the Rules Governing Judicial Conduct by fulfilling his/her statutory powers, functions, and duties as a licensing officer in good-faith reliance on statutory authority and administrative guidance on how to exercise that authority. However, the judge must still abide by generally applicable ethical principles, to the extent necessary and appropriate, even when acting as a licensing officer, and thus the judge (1) must not be swayed by public clamor or fear of criticism; (2) must respect and comply with the law, including any due process requirements for such proceedings; and (3) must act in a manner that promotes public confidence in the judiciary’s integrity and impartiality.
@Different Drummer note that old post is based upon an opinion that was subsequently recinded and replaced. Suggest editing post to reflect same.
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Doc8404
.450/400 Nitro Ex
Greywolf224
6.5 Creedmoor
Full of Opinions too!
Different Drummer
.44 mag
Thanks Chris,
Was simpler to just delete the post.
Interesting how the New York State Advisory Committee on Judicial Ethics can convene and come up with an opinion and then some mere months later have that opinion change. Must have been a whole lot of whining going on from the licensing officers that are Judges.
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ProGunEsq.
.177 BB
Who said anything about being charged? Why don't you read my posts so you don't make a fool of yourself like you just did (and get called out by others)! Another super smart gun owner who knows NADA (and apparently can't read either)!
I'm outta here. Enjoy your respective miseries.
PS Yeah Jem 45472, go and higher yourself that divorce lawyer and I'll see you at Dick's trading in your big boy guns for air rifles.
Marine Cpl
.577 Tyrannosaur.
Speaking of reading, you should read my second post afterwards.
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Doc8404
.450/400 Nitro Ex
It is “hire”
I’m usually not the grammar police but being an attorney you should be more careful with typing.
Probably lost a few cases that way.
Or put the break in unSAFE act, lol...
Marine Cpl
.577 Tyrannosaur.
Was that Mr. Bombardo?
GOYABEAN
.950 JDJ
Talking about judges not land but go's to show 
T-Mobile
Mississippi Supreme Court says judges cannot ban concealed guns
A divided Mississippi Supreme Court ruled on Thursday that some local judges acted unconstitutionally by banning people with enhanced concealed-carry licenses from taking guns into their courthouses.
land but go's to show T-Mobile
Mississippi Supreme Court says judges cannot ban concealed guns
A divided Mississippi Supreme Court ruled on Thursday that some local judges acted unconstitutionally by banning people with enhanced concealed-carry licenses from taking guns into their courthouses.
ProGunEsq.
.177 BB
ProGunEsq.
.177 BB
I hope most of the sane people in this forum realize that my initial post was meant to be helpful!
I guess no good deed goes unpunished.
ProGunEsq.
.177 BB
I'm sure y0u would know. Lol!
ProGunEsq.
.177 BB
P.S. And it's a spelling error you're pointing out; not one relating to grammar. Nice deflection, though! Lol!
Doc8404
.450/400 Nitro Ex
I’m glad you are back and quoting me.
I have been bored lately.
Need a good estate planner in Nj.
I have been bored lately.
Need a good estate planner in Nj.
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GOYABEAN
.950 JDJ
