NYC Affidavit of Co-habitant Issues and Confusions

[OneTwoThree]

Good afternoon,

I am a prospective premise gun permit holder in NYC.
As you may know it is a long, tedious and time-consuming process.
Among the documents required is an Affidavit of Co-habitant, that should be notarized.
However here are a few questions:

What he opens if:
1- The applicant lives on his own.
2- The applicant is legally married yet the spouse has vacated the house for an undetermined length of time (due to no longer getting along).
3-The applicant’s spouse may return to the house unexpectedly.
4-The applicant’s spouse returns and simply refuses to sign the Affidavit, just because she has decided to make her husband’s life miserable.

Legal answers are welcome.
Thanks in advance.

 

[spat]

Good afternoon,

I am a prospective premise gun permit holder in NYC.
As you may know it is a long, tedious and time-consuming process.
Among the documents required is an Affidavit of Co-habitant, that should be notarized.
However here are a few questions:

What he opens if:
1- The applicant lives on his own.
2- The applicant is legally married yet the spouse has vacated the house for an undetermined length of time (due to no longer getting along).
3-The applicant’s spouse may return to the house unexpectedly.
4-The applicant’s spouse returns and simply refuses to sign the Affidavit, just because she has decided to make her husband’s life miserable.

Legal answers are welcome.
Thanks in advance.

I have no idea of the legal implications, but it seems to me if they don't live there, they don't count.

What is their legal residence ?

If they came over and refused to leave could you have them trespassed from the property ?

If the answer to that last question is "yes" then I think they don't live there and they don't matter.

 

[OneTwoThree]

I have no idea of the legal implications, but it seems to me if they don't live there, they don't count.

What is their legal residence ?

If they came over and refused to leave could you have them trespassed from the property ?

If the answer to that last question is "yes" then I think they don't live there and they don't matter.

Legally married, so legally entitled to live in the husband’s house. You can’t deny her entry this is her house, until divorce and the judge decides it is now time to move out.
official place of residence is also the husband’s house.
She is the official co-habitant, but I doubt she will agree to sign the affidavit if and when she comes back.
I would not want to commit perjury inadvertently.

 

[spat]

Legally married, so legally entitled to live in the husband’s house. You can’t deny her entry this is her house, until divorce and the judge decides it is now time to move out.
official place of residence is also the husband’s house.
She is the official co-habitant, but I doubt she will agree to sign the affidavit if and when she comes back.
I would not want to commit perjury inadvertently.

Then you're probably screwed.

You either need to get her to agree, or get her to not be living there.

They're not going to grant a permit when one of the residents objects to it.

Or just GTFO NYC and find out what freedom smells like.

 

[Robin]

Assuming your a man, wanna get the pronouns right, when she left, you probably should have met with an attorney and got some kind of legal document showing that she abandoned the homestead and you should have cleaned out all her stuff and either tossed it or put it in storage. Even so, it doesn't seem like she would have any legal right to just show up and expect to reside at your address. Course, if you still have feelings for her that will complicate things greatly.
Bottom line is you shouldn't have to jump through all these shit lined hoops to partake in a God given right.
Robin

 

[Mk44]

Yeah, that's not going to work.. going through a divorce and applying for firearm permit.

Imo, I would wait until the divorce is finalized and then apply.

 

[Doc8404]

Yeah, that's not going to work.. going through a divorce and applying for firearm permit.

Imo, I would wait until the divorce is finalized and then apply.

This. And GTFO of NYC. NY for that matter

 

[OneTwoThree]

Yeah, that's not going to work.. going through a divorce and applying for firearm permit.

Imo, I would wait until the divorce is finalized and then apply.

Unfortunately that’s what I was assuming.

 

[OneTwoThree]

Yeah, that's not going to work.. going through a divorce and applying for firearm permit.

Imo, I would wait until the divorce is finalized and then apply.

Why would people automatically assume that you would want a gun permit to harm your spouse is the question.

 

[OneTwoThree]

Assuming your a man, wanna get the pronouns right, when she left, you probably should have met with an attorney and got some kind of legal document showing that she abandoned the homestead and you should have cleaned out all her stuff and either tossed it or put it in storage. Even so, it doesn't seem like she would have any legal right to just show up and expect to reside at your address. Course, if you still have feelings for her that will complicate things greatly.
Bottom line is you shouldn't have to jump through all these shit lined hoops to partake in a God given right.
Robin

Well in NY a minimum of a year is required to prove the wife has vacated. So good luck to me.

 

[holdover]

Why would people automatically assume that you would want a gun permit to harm your spouse is the question.

You never met my spouse.

 

[OneTwoThree]

This. And GTFO of NYC. NY for that matter

well, not exactly possible right now

 

[Mk44]

No disrespect OP. It's not about assuming you want a gun to harm your spouse. it's the timing.

And even if you weren't going through a divorce, but your spouse doesn't want to sign the affidavit co-habitant (because she doesn't like guns/ want guns in the house.) The bureau may still deny your appl.

 

[OneTwoThree]

No disrespect OP. It's not about assuming you want a gun to harm your spouse. it's the timing.

And even if you weren't going through a divorce, but your spouse doesn't want to sign the affidavit co-habitant (because she doesn't like guns/ want guns in the house.) The bureau may still deny your appl.

I see...

 

[spat]

I see...

To be fair, even if you had a permit and guns for the last decade and told us you were going through a divorce, maby of us would recommend you getting the guns out of NYC ASAP.

 

[Robin]

Why would people automatically assume that you would want a gun permit to harm your spouse is the question.

It is not what 'people' assume. It IS what New York and the city do with plenty of fucked up laws and regulations on the books based on nothing but the assumption of bad intentions. Its' wrong, un-American, and in most cases unconstitutional but they do it. Sadly many 'people' are on board with it, they suffer from NY beatdown syndrome, very similar to Stockholm syndrome but more insidious and intentionally applied.
Robin

 

[REF]

No harm intended OP, but it is un- fucking-believable that this is even a thread. This is how numb we’ve become as a society to this smothering oppression on our rights. “ Can I please own a firearm and just keep it in my home? I promise it will never leave here!!! Please, please , please!!! WTF

 

[Saltwater60]

Yeah, that's not going to work.. going through a divorce and applying for firearm permit.

Imo, I would wait until the divorce is finalized and then apply.

This. This is good advice. If you get a pistol and go through a divorce she can say you threatened her with it and you’re screwed 1000 times worse than now. Finalize the divorce then get the gun.

If you have any long guns get them somewhere for safe storage and document it so when she says you threatened her you can prove she lied.

 

[OneTwoThree]

To be fair, even if you had a permit and guns for the last decade and told us you were going through a divorce, maby of us would recommend you getting the guns out of NYC ASAP.

In your experience, can a divorce affect your license?

 

[OneTwoThree]

It is not what 'people' assume. It IS what New York and the city do with plenty of fucked up laws and regulations on the books based on nothing but the assumption of bad intentions. Its' wrong, un-American, and in most cases unconstitutional but they do it. Sadly many 'people' are on board with it, they suffer from NY beatdown syndrome, very similar to Stockholm syndrome but more insidious and intentionally applied.
Robin

yeah.... can’t wait to buy my secondary home in Florida.... I understand... thank you all for you precious advice...

 

[spat]

In your experience, can a divorce affect your license?

The divorce itself, no.

But false (or even just exaggerated) allegations made in an attempt to alter the conditions of the settlement can absolutely affect one.

 

[Cooolone]

Well, you're off to a fantastic start by asking legal advice on a public forum from mostly non-attorney's...

I would advise finding an attorney in NYC that is familiar with both your issues, marriage and obtaining a permit (firearm).

Good Luck!

 

[Acer-m14]

find a better and faster divorce Lawyer ..

 

[holdover]

Both officers -- Joseph Murphy and Christopher Wells -- were wounded but were able to return fire, killing the gunman, identified as 41-year-old Rondell Goppy.

Thank God the social workers were armed!

 

[Criticalt]

This is not even an exaggeration..... Our local judge SUGGESTS getting a pistol permit if you are going through a bad divorce...... angry spouses can get crazy!!
He also supports a handgun to protect against stalking ex-boyfriend/ girlfriend, creepy neighbors and possible home invaders.
Its amazing how different urban and rural folks think.

 

[MoMan]

It IS what New York and the city do with plenty of fucked up laws and regulations on the books based on nothing but the assumption of bad intentions. more than to kill your 2A rights!!

FIFY!! y/w

 

[Mk44]

In your experience, can a divorce affect your license?

I'm not a lawyer. imo, It depends on how your divorce goes. If it's a mutual peaceful divorce- you guys just don't love each other anymore and both wants to more on/ go your separate ways. that's fine.
Compared to her making allegations.. you get angry, violent, threaten her, etc.. Things that portray you as an angry/violent individual can/may hinder you from getting a license.
Not that it makes any difference.. are you trying to get a NYC handgun lic. or NYC rifle/shotgun lic.

 

[Truebeliever]

This is not even an exaggeration..... Our local judge SUGGESTS getting a pistol permit if you are going through a bad divorce...... angry spouses can get crazy!!
He also supports a handgun to protect against stalking ex-boyfriend/ girlfriend, creepy neighbors and possible home invaders.
Its amazing how different urban and rural folks think.

Does the judge suggest that to both parties or just the female parties involved?

 

[Criticalt]

Does the judge suggest that to both parties or just the female parties involved?

He suggests it to everyone over 21 actually.
If you are 21 and are not federally prohibited, you get an unrestricted permit.
Like ive said here before, which had mixed reactions...... our judge doesnt care what you did in your past as long as you can pass a federal BGC.
I know people who have had DWIs, petty larceny, drug possession..... get unrestricted permits here.