Xpxsquirrel
9mm
Update:
Long story short this ties to the fact that county officials may have a slightly different interpretation of NY law in some cases. Below are the two interpretation issues relevant to this case. I started trying to find the specific sections of the NYS law relevant to the below to see for myself but haven't had a chance to find them yet. I would ask that anyone that does know/find them to comment here for future reference. I also invite law enforcement that I know watches this forum to correct me on any of this, or add your own thoughts. I would love to hear more. I also invite anyone familiar with the interpretation of these by other counties to share such interpretations.
Interpretation Issue 1: Addition of calibers for AR pistols
-Niagara County Interpretation: Subject of this post was informed by Niagara County permit office to have additional caliber added prior to purchase of barrel/upper of new caliber.
-Erie County Interpretation: unfortunately unclear. I am aware of some that have just requested and added with no proof of purchase of any kind and others who were required to have an add form from an FFL to add the caliber.
-Monroe County Interpretation: Barrel/upper should be purchased first. In fact they prefer to see a receipt at minimum as proof before adding. It can not be attached to the pistol till added. To prevent constructive intent, the pistol should remain with its exiting barrel/upper attached (if caliber is registered) until license is amended.
Interpretation Issue 2: What can be added to a permit
-Niagara and Erie Counties Interpretation: Both have happily added AR lower receivers (not fully built pistols) to licenses in their counties.
-Monroe County Interpretation: Only a complete pistol can be added to a license. Now this sadly creates a bit of a catch 22 in Monroe. How can you add a pistol to your license if it has to be fully assembled, but fully assembling it first would be create an unregistered pistol. Well the short answer is you can't. The long answer is you either buy a completed one or you have an FFL do the final assembly and document the add slip as a complete pistol. Important note here make sure you don't have all the components in your possession at the same time or you end up with constructive intent.
As you can imagine from the above, especially in the case of Issue 2, you can run into a bit of confusion when transferring counties. If the county doesn't catch the issue on transfer but instead, well after, while considering an amendment request well then you get the situation that sparked this post.
One last note I want to share. In the search for an guidance from an attorney, it was found that many of the attorneys contacted did not deal with permit law. Most only seemed to deal with criminal cases, which this is currently not. However, good news we did manage to find one attorney who handles cases related to pistol licenses should anyone else ever need one. Below is his contact info:
Yousef Taha, Esq.
585-423-8290
etksdefense.com
Long story short this ties to the fact that county officials may have a slightly different interpretation of NY law in some cases. Below are the two interpretation issues relevant to this case. I started trying to find the specific sections of the NYS law relevant to the below to see for myself but haven't had a chance to find them yet. I would ask that anyone that does know/find them to comment here for future reference. I also invite law enforcement that I know watches this forum to correct me on any of this, or add your own thoughts. I would love to hear more. I also invite anyone familiar with the interpretation of these by other counties to share such interpretations.
Interpretation Issue 1: Addition of calibers for AR pistols
-Niagara County Interpretation: Subject of this post was informed by Niagara County permit office to have additional caliber added prior to purchase of barrel/upper of new caliber.
-Erie County Interpretation: unfortunately unclear. I am aware of some that have just requested and added with no proof of purchase of any kind and others who were required to have an add form from an FFL to add the caliber.
-Monroe County Interpretation: Barrel/upper should be purchased first. In fact they prefer to see a receipt at minimum as proof before adding. It can not be attached to the pistol till added. To prevent constructive intent, the pistol should remain with its exiting barrel/upper attached (if caliber is registered) until license is amended.
Interpretation Issue 2: What can be added to a permit
-Niagara and Erie Counties Interpretation: Both have happily added AR lower receivers (not fully built pistols) to licenses in their counties.
-Monroe County Interpretation: Only a complete pistol can be added to a license. Now this sadly creates a bit of a catch 22 in Monroe. How can you add a pistol to your license if it has to be fully assembled, but fully assembling it first would be create an unregistered pistol. Well the short answer is you can't. The long answer is you either buy a completed one or you have an FFL do the final assembly and document the add slip as a complete pistol. Important note here make sure you don't have all the components in your possession at the same time or you end up with constructive intent.
As you can imagine from the above, especially in the case of Issue 2, you can run into a bit of confusion when transferring counties. If the county doesn't catch the issue on transfer but instead, well after, while considering an amendment request well then you get the situation that sparked this post.
One last note I want to share. In the search for an guidance from an attorney, it was found that many of the attorneys contacted did not deal with permit law. Most only seemed to deal with criminal cases, which this is currently not. However, good news we did manage to find one attorney who handles cases related to pistol licenses should anyone else ever need one. Below is his contact info:
Yousef Taha, Esq.
585-423-8290
Yousef N. Taha, Esq. | ETKS
Yousef N. Taha received his law degree from SUNY Buffalo Law School where he served as managing editor of the Buffalo Public Interest Law Journal. He received his undergraduate degree, cum laude, from St. John’s University. Prior to joining ETKS, Mr. Taha was an attorney for the Monroe County...
etksdefense.com
