NYC HELP NEEDED - 48 HOURS TO COMPLY

[ProvenWrong2021]

Please help.

I am a NYC resident and have been my entire life. In 2018 I went through the extreme process of getting a premise license in NYC and to be fair although it was costly and somewhat overwhelming the outcome was surprisingly quick. I was issued my premise license and went about the process of obtaining a firearm. Before then and since then I have obtained many non residency licenses in various neighboring states as well as my NYC Shotgun and Rifle License. I even went so far as to obtain a FFL class for antique and relic guns just to say I had been cleared by a federal agency should the opportunity arise or laws change in the future.

So that is a little of the back story. Present day I received my renewal application from NYC in a timely fashion and went about the process of submitting. My license was set to expire June 6, 2021 and I was provided documentation that stated that it could take up to 25 weeks to process the renewal application. I submitted it at the beginning of May but Ok that's a long time. However I was told all licenses because of the pandemic were ok even if the renewal date passed. So I am a reasonable person and didn't have an issue.

So Tuesday July 13th at 4:35 PM I received a phone call to which I do not know the number and I allow it to go to voicemail. I am then alerted to a message being left and in the meantime notice I have received an email from a "Detective" from NYC Licensing Division stating my phone number that I provided and that I have had for 12 Years now is a non working. Keep in mind the same number he just left a voicemail on. He requested a call back to which I immediately replied.

This is where it all falls apart. He indicates that he needs me to turn in my firearms or obtain a license from an Upstate NY county because I no longer live in NYC. ( which is odd because I don't recall moving )

Let me breakdown why I know I live in NYC -

I file taxes in NYC and pay NYC taxes to live here. Something that folks in areas outside of NYC do not pay.
My drivers license is here in NYC.
My mailing address is here in NYC.
My banks all have NYC as my residence.
My business is located here in NYC.
My elderly mother with whom I help carefor is here in NYC. ( who also signed a notarized affidavit stating I live in NYC )
I have had one address for over 45 years and yep it is here in NYC.


So what or why is the reason he is saying I don't live here?-

I met a woman from an Upstate NY County and have been dating her for several years now. Which means the following:

I have made her an authorized user on several credit cards and sent additional cards to her address for her to use. (Address Not In NYC )
I often drive her vehicle when we spend time together ( I do not own a vehicle - no need to because I live in NYC ) however because she is in the insurance business she encouraged me to add my name to her auto policy in the name of safety. Her address - not in NYC.
I started a business in 2018 and although I pay taxes in NYC for it I had her become the company agent for the purposes of fulfilling the LLC requirements ( because we follow rules ) and of course that is at her address.

That is it. So my association with an address that is not in the boroughs is basically the premise for this denial.

What I need:

- An attorney
- A reasonable FFL to allow me to store my firearms until this is sorted out. ( Even if I wanted to attempt to get licensed in this other county - I would be denied because I have no permanent residence there and no ties to the area other than what is mentioned above.

If anyone can provide recommendations for either or both as well as any suggestions as to how to proceed going forward or if you have heard of anything like this.

To me it is ridiculous. Why would I want to spend over 750.00 to get licensed for a pistol and shotgun and not be able to carry if I had the ability to apply and obtain my license in an area that would have been 200.00 maximum and the ability to carry concealed. Makes no common sense.

Should I ask to speak to this "Detectives" supervisor? I googled the name and obtained information basically stating he has several complaints for abuse of power and a pending lawsuit. ( no surprise there ) Shouldn't they have to provide me with documentation stating the reasons and allow me to clarify anything that was being questioned? Are they allowed to do this with nothing to substantiate it - he tried to relay that he was trying to assist me ( yeah right ) and not have a disapproval letter on my record because that could negatively impact me.

He also stated he called my neighbors in this other county and they said I was a nice guy which is so laughable because she lives in a business district that has zero neighbors and no one knows me. Not to mention that when I am there maybe once a week I hardly speak to anyone - I am not there to socialize with other people around her. This is a bold face lie!

Any help that you can offer I appreciate it.

 

[C3D]

Call James D Murtha, asap, as you will need assistance beyond what can be offered in a public forum. Murtha & Murtha, PLLC | Suffolk County Lawyer | Nassau County Lawyer | Long Island

My guess is this is resolved with a simple letter to the NYPD License Division, but you will need to spend $$$ to have an attorney prepare and send the letter. Expect about $500-800 in charges. (BOHICA)

In addition, note that you can voucher your weapons at your local NYPD precinct vs. incurring FFL charges, but you will risk damage while in storage and also that the NYPD (legally) destroys all vouchered guns after 12 months.

Also worth noting that for the period you don't have a handgun license you will need to remove all ammo and magazines from NYC in addition to the handguns.

 

[ProvenWrong2021]

Thank you, I appreciate it. I am not so worried about the cost as I am that they will show up at my door looking to remove them for non-compliance or some other made up reason. I will contact Murtha & Murtha in the AM. Thank you again.

 

[Acer-m14]

there is that SCOTUS case over this NYC permitting pending .. may want to check in with them

list of lawyers at the bottom of the page

Search

 

[C3D]

there is that SCOTUS case over this NYC permitting pending .. may want to check in with them

list of lawyers at the bottom of the page

Search

Paul Clement is $2,000 an hour, plus his team. Not the guy you want to hire!!!

$2,000 An Hour Lawyers: That's One Way To Fund Salary Increases - Above the Law

Which lawyers make the list of those able to charge $2,000 an hour?

abovethelaw.com

 

[Acer-m14]

was the one i was thinking of from the list ... since we never got a post from Carl frm NYSRPA

Party name: Center for Constitutional Jurisprudence
Joseph Gary Samuel Greenlee Counsel of Record	Firearms Policy Foundation 5550 Painted Mirage Rd. Ste. 320 Las Vegas, NV 89149 josephgreenlee@gmail.com	(970) 485-3303

 

[masterswimmer]

@ProvenWrong2021 since you failed to mention which county your g/f is living it makes making a recommendation for an attorney a bit difficult. That said, an attorney on the other side of the boroughs, as opposed to Mr. Murtha in Suffolk is Amy Bellantoni in Scarsdale. Here's a link to their firm. Notice they promote support of the 2A everywhere on their site.

Legal Representation – Advocacy - Attorney

Bellantoni Law offers legal representation and advocacy to clients who seek to protect their civil rights. Our attorneys are qualified and extend advocacy support whenever you need it. With more than 15 years of legal experience we provide comprehensive and personal attention to all clients...

www.bellantoni-law.com

 

[DoD1776]

@ProvenWrong2021 since you failed to mention which county your g/f is living it makes making a recommendation for an attorney a bit difficult. That said, an attorney on the other side of the boroughs, as opposed to Mr. Murtha in Suffolk is Amy Bellantoni in Scarsdale. Here's a link to their firm. Notice they promote support of the 2A everywhere on their site.

Legal Representation – Advocacy - Attorney

Bellantoni Law offers legal representation and advocacy to clients who seek to protect their civil rights. Our attorneys are qualified and extend advocacy support whenever you need it. With more than 15 years of legal experience we provide comprehensive and personal attention to all clients...

www.bellantoni-law.com

Spoken with her numerous times. She’s a great and sweet person!

 

[dsdmmat]

Spoken with her numerous times. She’s a great and sweet person!

Sweet is not a good quality in a lawyer.

 

[togmaster]

Sweet is not a good quality in a lawyer.

She gets the job done.

 

[DoD1776]

Sweet is not a good quality in a lawyer.

Since when does being sweet to a potential client make you a bad lawyer? Just because she’s a good person doesn’t mean she isn’t fit for the job.

 

[dsdmmat]

Since when does being sweet to a potential client make you a bad lawyer? Just because she’s a good person doesn’t mean she isn’t fit for the job.

Sarcasm, I haz it!

 

[Robin]

You sound like a man of financial means. If it were me and I had the means, I would hire the best attorney possible, go on the offense, tape and save every phone conversation, text message. Instruct my attorney that I not only want this cleared up but I want to go after this son of a bitch including a civil lawsuit if at all possible. I would put it all in my attorneys' hands and look at it as something fo my own amusement.
But then, I'm just an old country boy, what the fuck do I know.
Robin

 

[C3D]

I also rate Amy and should have given her name, I have met her and think she is very effective.

 

[Chevusa]

Well they obviously have quite a case against you to even attempt to go down this road with you. The fight will not be easy. Just because you have an address or pay tax in an area doesn’t mean you live there as a legal address, or in accordance with the licensing rules.

I would be questioning how and why they started looking into you this deep in the first place. Is there bad blood with someone? Did someone tip them off?

Nobody here can help you other than to tell you to get a lawyer immediately. Only that person can give you the proper advice. Who knows, they might even tell you they’ve got you dead to rights. I’m not sure why they’d pursue this if they didn’t. Sounds like someone smoked you.

Lastly, you put your girlfriend on your credit cards? Yikes! Good luck brother. Let us know what happens. Too often people never come back and let us know how it turned out.

PS: If you were given a deadline to surrender guns, be sure to do so. Don’t become a felon while trying to resolve this. It won’t help the situation.

 

[spat]

Well they obviously have quite a case against you to even attempt to go down this road with you. The fight will not be easy. Just because you have an address or pay tax in an area doesn’t mean you live there as a legal address, or in accordance with the licensing rules.

I would be questioning how and why they started looking into you this deep in the first place. Is there bad blood with someone? Did someone tip them off?

Nobody here can help you other than to tell you to get a lawyer immediately. Only that person can give you the proper advice. Who knows, they might even tell you they’ve got you dead to rights. I’m not sure why they’d pursue this if they didn’t. Sounds like someone smoked you.

Lastly, you put your girlfriend on your credit cards? Yikes! Good luck brother. Let us know what happens. Too often people never come back and let us know how it turned out.

PS: If you were given a deadline to surrender guns, be sure to do so. Don’t become a felon while trying to resolve this. It won’t help the situation.

Never mind the boot lickers.

Firearm storage could be as simple as renting a storage unit in PA. You don't actually *need* anyone else to "hold" them for you.

In most of the country no "permission" is necessary.


But absolutely *do* get the baddest ass lawyer you can afford to go after them. The suggestions above are a great start.

 

[gun_slinger_boy]

I second the notion of getting some type of out of state storage. Mosey on down to Milford PA and get a storage unit at the Uhaul. Handing your guns over would be a colossal mistake. They will put you through hell to get them back. If you get them back. There's not much they can do if you remove them from NY. I personally would rather store my guns and never be able to even lay eyes on them again rather than hand them over to the government.

 

[Chevusa]

Follow advice of your lawyer. Do not move guns anywhere unless that’s what the lawyer advised. Following any other advice from people who *think they know what is best for you is a recipe for disaster. Get off the computer and get advice only from the retained lawyer.

 

[Edwardteach72]

Never mind the boot lickers.

Firearm storage could be as simple as renting a storage unit in PA. You don't actually *need* anyone else to "hold" them for you.

In most of the country no "permission" is necessary.


But absolutely *do* get the baddest ass lawyer you can afford to go after them. The suggestions above are a great start.

Did he just say something about just because you give an address doesn't mean you live there.

Because I could have sworn in another thread he said that because some bail jumper put down a family members address he must have been living there

 

[Edwardteach72]

holdmyguns.org – Freedom | Safety | Compassion

www.holdmyguns.org

 

[C3D]

Well they obviously have quite a case against you to even attempt to go down this road with you. The fight will not be easy. Just because you have an address or pay tax in an area doesn’t mean you live there as a legal address, or in accordance with the licensing rules.

I would be questioning how and why they started looking into you this deep in the first place. Is there bad blood with someone? Did someone tip them off?

Nobody here can help you other than to tell you to get a lawyer immediately. Only that person can give you the proper advice. Who knows, they might even tell you they’ve got you dead to rights. I’m not sure why they’d pursue this if they didn’t. Sounds like someone smoked you.

Lastly, you put your girlfriend on your credit cards? Yikes! Good luck brother. Let us know what happens. Too often people never come back and let us know how it turned out.

PS: If you were given a deadline to surrender guns, be sure to do so. Don’t become a felon while trying to resolve this. It won’t help the situation.

It’s actually pretty easy for law enforcement (and the NYS Department of Taxation and Finance) to track your whereabouts these days, thanks to cell phones. They will know within 5 minutes where you have been staying. I am sure that the Detective who called the OP has not yet taken the time to do this, but the truth will come out.

 

[Robin]

When I was a young man I had a residence, and a few places I shacked up.
Robin

 

[ProvenWrong2021]

@ProvenWrong2021 since you failed to mention which county your g/f is living it makes making a recommendation for an attorney a bit difficult. That said, an attorney on the other side of the boroughs, as opposed to Mr. Murtha in Suffolk is Amy Bellantoni in Scarsdale. Here's a link to their firm. Notice they promote support of the 2A everywhere on their site.

Legal Representation – Advocacy - Attorney

Bellantoni Law offers legal representation and advocacy to clients who seek to protect their civil rights. Our attorneys are qualified and extend advocacy support whenever you need it. With more than 15 years of legal experience we provide comprehensive and personal attention to all clients...

www.bellantoni-law.com

Yes she is in Dutchess County and I have a call into Amy - as well as an email which she did respond to briefly so I hope to be able to speak with her today. Fingers crossed - my concern is that technically my license is expired. Even though the renewal application was received and return in a timely fashion.

 

[ProvenWrong2021]

When I was a young man I had a residence, and a few places I shacked up.
Robin

Couldn't have said it better. lol - I am domiciled in NYC with other locations.

 

[ProvenWrong2021]

Call James D Murtha, asap, as you will need assistance beyond what can be offered in a public forum. Murtha & Murtha, PLLC | Suffolk County Lawyer | Nassau County Lawyer | Long Island

My guess is this is resolved with a simple letter to the NYPD License Division, but you will need to spend $$$ to have an attorney prepare and send the letter. Expect about $500-800 in charges. (BOHICA)

In addition, note that you can voucher your weapons at your local NYPD precinct vs. incurring FFL charges, but you will risk damage while in storage and also that the NYPD (legally) destroys all vouchered guns after 12 months.

Also worth noting that for the period you don't have a handgun license you will need to remove all ammo and magazines from NYC in addition to the handguns.

Question - how do I go about removing my handgun when technically my license has expired. Its literally a rock and a hard place.

 

[ProvenWrong2021]

It’s actually pretty easy for law enforcement (and the NYS Department of Taxation and Finance) to track your whereabouts these days, thanks to cell phones. They will know within 5 minutes where you have been staying. I am sure that the Detective who called the OP has not yet taken the time to do this, but the truth will come out.

I am domiciled in NYC where I pay taxes, rent and have my drivers license. I assume they are looking into any and all renewals with the ultimate goal of revoking as many permits as possible before any of the active lawsuits are closer to be concluded. And it is very easy for someone to do a general search and get alot of information. Not sure what some one would have tipped them off about as far as I am concerned there is no issue. I dont even bring the Fire Arms with me when I go upstate for the very reason I dont want problems and it isnt my home.

I agree I need an attorney which hopefully I can secure today.

 

[ProvenWrong2021]

Follow advice of your lawyer. Do not move guns anywhere unless that’s what the lawyer advised. Following any other advice from people who *think they know what is best for you is a recipe for disaster. Get off the computer and get advice only from the retained lawyer.

Agreed - spoken to several this morning and waiting on a call back from Amy Bellantoni.

 

[ProvenWrong2021]

You sound like a man of financial means. If it were me and I had the means, I would hire the best attorney possible, go on the offense, tape and save every phone conversation, text message. Instruct my attorney that I not only want this cleared up but I want to go after this son of a bitch including a civil lawsuit if at all possible. I would put it all in my attorneys' hands and look at it as something fo my own amusement.
But then, I'm just an old country boy, what the fuck do I know.
Robin

I tend to agree with you. Although I have means I dont have unlimited means. I do believe my rights are being infringed on and tend to want to do buck wild. My opinion of NYPD is not the highest before this so this has 100% put a damper on any good feeling I may have still had left.

 

[drowhawk]

Step 1: Never listen to Chev.
Step 2: NEVER talk to police unless through an attorney. NEVER.
Step 3: Move guns out of state to a friend or storage unit in PA.
Step 4: Move out of NYC or the state as a whole; you will be much happier.

If you ask permission to move your legally obtained and owned firearms out of state, of course they will say no. The reality is once you are no longer in possession in NYC or the rest of the state, there is nothing they can do. Unless they are at your door with a warrant or court order signed by a judge, get those guns out of state ASAP!

 

[ProvenWrong2021]

Step 1: Never listen to Chev.
Step 2: NEVER talk to police unless through an attorney. NEVER.
Step 3: Move guns out of state to a friend or storage unit in PA.
Step 4: Move out of NYC or the state as a whole; you will be much happier.

If you ask permission to move your legally obtained and owned firearms out of state, of course they will say no. The reality is once you are no longer in possession in NYC or the rest of the state, there is nothing they can do. Unless they are at your door with a warrant or court order signed by a judge, get those guns out of state ASAP!

Appreciate that -

I cant wait to get out of NYC - however my elderly mother is here and my father passed away several years ago. I am the only family she has locally and this is where she wants to be ....so for now.
Looking into moving them out of the house - trying to weigh my options while waiting for the attorney to call.