Madmallard
.223 Rem
State and county law enforcement say they do not plan to pursue criminal charges against pistol permit holders who fail to recertify their permits by Jan. 31.
In recent months, state and county officials have raised concern that failing to extend the recertification deadline would turn thousands of law-biding pistol-owners into criminals overnight.
The recertification requirement was passed in 2013 as part of the New York Secure Ammunition and Firearms Enforcement Act, which mandates that permit holders re-certify every five years. Only those who acquired their permits before Jan. 15, 2013, are subject to the Jan. 31 deadline.
According to state law, those who fail to re-certify could lose their permits and potentially face an illegal-weapon possession charge, should they be caught after Jan. 31.
But both New York State Police and the Niagara County Sheriff Jim Voutour say they will not bring criminal charges against those otherwise law-biding citizens.
“These people with pistol permits, they're law-biding people," Voutour said. "This is new to them, particularly the people who've had permits for many, many years.”
"It's more appropriate to assist them to get them in compliance," Voutour added. "I don't have any intentions of going out and arresting people for not being in compliance.”
A NYSP spokesman said the agency won't charge those who "unknowingly" fail to re-certify, and will continue to accept re-certification applications after the deadline.
Those comments came one week after state Sen. Robert Ortt, state Assembly Members Michael Norris and Angelo Morinello and Niagara County Clerk Joseph Jastrzemski held a press conference urging permit-holders to re-certify and Gov. Andrew Cuomo to issue an executive order to extend the deadline.
Jastrzemski warned that nearly 20,000 permit holders in Niagara County and 30,000 in Erie County had yet to recertify.
But on Thursday, Voutour said he doubts those figures are accurate, saying many permit-holders recertified recently and those applications may not have yet been processed.
Indeed, NYSP says it will take "several months" to process all of the recent recertification applications and update its database.
"I'm convinced there are piles and piles of forms that haven't been processed yet," Voutour said. "I think the numbers (provided at last week's press conference) are a bit deceiving.”
Local lawmakers still hope Cuomo or the state legislature can either extend or do away with the deadline.
Norris said he has co-sponsored a bill with Assemblyman David DiPietro, R-East Aurora, that would the eliminate the permit recertification requirement. However, Norris admitted the bill faces long odds in the Democratic-controlled Assembly.
"I think a full repeal of the recertification provision … is something I stand for, I know Mr. DiPietro stands for, but I think the odds of it passing the Assembly are very slim," Norris said.
Meanwhile, two other bills introduced in the Assembly would extend the recertification deadline.
Another option might be for Cuomo to issue an executive order extending the deadline.
Norris said a chapter amendment to the SAFE Act would be the ideal path toward an extension, but he would welcome an extension via executive order as well.
Morinello is part of a legislative delegation that's pushing for executive action to settle the issue.
“I would hope in the spirit of cooperation and not wanting to turn law-abiding citizens overnight, that he would want to act favorably on it," Morinello said.
The governor's office hasn't yet responded to several inquiries by the US&J whether Cuomo plans to or has the authority to extend the recertification deadline.
NYSP decided on its own not to charge permit holders who fail to re-certify, according to a spokesman.
Pistol deadline won't be enforced by sheriff's office, state police
In recent months, state and county officials have raised concern that failing to extend the recertification deadline would turn thousands of law-biding pistol-owners into criminals overnight.
The recertification requirement was passed in 2013 as part of the New York Secure Ammunition and Firearms Enforcement Act, which mandates that permit holders re-certify every five years. Only those who acquired their permits before Jan. 15, 2013, are subject to the Jan. 31 deadline.
According to state law, those who fail to re-certify could lose their permits and potentially face an illegal-weapon possession charge, should they be caught after Jan. 31.
But both New York State Police and the Niagara County Sheriff Jim Voutour say they will not bring criminal charges against those otherwise law-biding citizens.
“These people with pistol permits, they're law-biding people," Voutour said. "This is new to them, particularly the people who've had permits for many, many years.”
"It's more appropriate to assist them to get them in compliance," Voutour added. "I don't have any intentions of going out and arresting people for not being in compliance.”
A NYSP spokesman said the agency won't charge those who "unknowingly" fail to re-certify, and will continue to accept re-certification applications after the deadline.
Those comments came one week after state Sen. Robert Ortt, state Assembly Members Michael Norris and Angelo Morinello and Niagara County Clerk Joseph Jastrzemski held a press conference urging permit-holders to re-certify and Gov. Andrew Cuomo to issue an executive order to extend the deadline.
Jastrzemski warned that nearly 20,000 permit holders in Niagara County and 30,000 in Erie County had yet to recertify.
But on Thursday, Voutour said he doubts those figures are accurate, saying many permit-holders recertified recently and those applications may not have yet been processed.
Indeed, NYSP says it will take "several months" to process all of the recent recertification applications and update its database.
"I'm convinced there are piles and piles of forms that haven't been processed yet," Voutour said. "I think the numbers (provided at last week's press conference) are a bit deceiving.”
Local lawmakers still hope Cuomo or the state legislature can either extend or do away with the deadline.
Norris said he has co-sponsored a bill with Assemblyman David DiPietro, R-East Aurora, that would the eliminate the permit recertification requirement. However, Norris admitted the bill faces long odds in the Democratic-controlled Assembly.
"I think a full repeal of the recertification provision … is something I stand for, I know Mr. DiPietro stands for, but I think the odds of it passing the Assembly are very slim," Norris said.
Meanwhile, two other bills introduced in the Assembly would extend the recertification deadline.
Another option might be for Cuomo to issue an executive order extending the deadline.
Norris said a chapter amendment to the SAFE Act would be the ideal path toward an extension, but he would welcome an extension via executive order as well.
Morinello is part of a legislative delegation that's pushing for executive action to settle the issue.
“I would hope in the spirit of cooperation and not wanting to turn law-abiding citizens overnight, that he would want to act favorably on it," Morinello said.
The governor's office hasn't yet responded to several inquiries by the US&J whether Cuomo plans to or has the authority to extend the recertification deadline.
NYSP decided on its own not to charge permit holders who fail to re-certify, according to a spokesman.
Pistol deadline won't be enforced by sheriff's office, state police
