Pistol permit law

[nicklausjames]

quick synopsis of my situation: I have my pistol permit in a county in upstate ny since 2006. I have full carry. Since 2006 I have lived in about 5 different counties and the judge in my original county was kind enough to allow me to keep my permit there. A new judge was elected and he has some issues with this.

1. He wants me to find a law or case that says that I can keep my permit in a county other than the one I live.

2. He wants evidence the county I am moving to (westchester) limits pistol permits or that they publish the names and addresses of permit holders.

If anyone can help me with either of these I’d appreciate it.

 

[Darth]

...a judge...wants you to find a law?

 

[togmaster]

Please explain #2. Not sure what you are asking.

 

[ManrisFrack]

This sounds like 'hire a lawyer yesterday' territory. Either that, or bend over for whatever BS Westchester is gonna give ya when you try to transfer.

 

[nicklausjames]

Please explain #2. Not sure what you are asking.

That they would limit my full carry to something else. In terms of publish I meant a few years ago all the permit holders names and addresses in westchester were printed in a newspaper or interactive map via the internet.

 

[GOYABEAN]

Move to a FREE state

 

[ManrisFrack]

Newspaper Publishes Names, Addresses of Local Gun Permit Holders; Some People Have a Problem with This

 

[nicklausjames]

Newspaper Publishes Names, Addresses of Local Gun Permit Holders; Some People Have a Problem with This

It looks like the newspaper took this down and stopped publishing the names. It also looks like ny state has passed a law allowing for privacy. So I think this reason is dead on arrival.

 

[fartgamer]

Wastechester does nothing but limit permits. You can get more letters attesting to this than Kris Kringle has that he is Santa Claus.
That turned out well for him.

Don’t you have to opt out of the public database?

 

[nicklausjames]

I guess what I’m looking for is:
1. A law or case or similar that says it is ok for a judge not to require a permit holder transfer out of the county when they move; and/or
2. Evidence westchester would restrict my permit or add additional burdensome requirements. I have heard westchester has a requirement you allow an officer to enter your home to inspect a gun safe. Is this true? Any way I can prove they will not issue a full carry license?

 

[togmaster]

That they would limit my full carry to something else. In terms of publish I meant a few years ago all the permit holders names and addresses in westchester were printed in a newspaper or interactive map via the internet.

Westchester typically issues restricted permits when you first apply. Unrestricted is a possibility but not likely. I'm really not sure how they will treat your case considering you already have unrestricted. As far as the newspaper goes, you can opt out of having your information publicly released. There is a form you submit to the county and they will keep your information private.

 

[togmaster]

Safe inspection happens when you have more than 5 handguns on your permit.

 

[nicklausjames]

Safe inspection happens when you have more than 5 handguns on your permit.

Any cite for this? I have at least 13 on my permit now. Does stresschester limit the number of handguns one can own?

 

[fnfalguy]

Calling @Phazer to the OR. Calling @Phazer

 

[MoMan]

Move to a FREE state

@GOYABEAN has the ONLY straight answer to these NYS/NYC permit questions.

 

[nortatoga]

quick synopsis of my situation: I have my pistol permit in a county in upstate ny since 2006. I have full carry. Since 2006 I have lived in about 5 different counties and the judge in my original county was kind enough to allow me to keep my permit there. A new judge was elected and he has some issues with this.

1. He wants me to find a law or case that says that I can keep my permit in a county other than the one I live.

2. He wants evidence the county I am moving to (westchester) limits pistol permits or that they publish the names and addresses of permit holders.

If anyone can help me with either of these I’d appreciate it.

I think this will come down to what Westchester County wants as you will be a resident there? I think you should look to one of the other surrounding Counties.

 

[nicklausjames]

I think this will come down to what Westchester County wants as you will be a resident there? I think you should look to one of the other surrounding Counties.

I don't really think this is accurate. I don't think Westchester has any say unless my current county boots me. Under the previous judge I was able to keep my permit in my prior county while I lived in Westchester. I since moved from westchester but my wife wants to move back. Maybe the simplest answer is to leave my wife because I hate everything about westchester but that's for another forum and am so sick of this $hit. In any event, despite the prior judge allowing me to keep my permit in that county for almost 20 years the new judge has requested a law or case which states it is legal for him to leave my permit with him in his county. That is what I'm looking for but it seems no one has an answer on that specific question and who knows there may not be an answer.

 

[Michael]

I forget where, but in the law it only says that you need to inform the licensing agency that you moved within 10 days. In my case, I moved from Onondaga county to Oswego. I filled out the proper paperwork at the sheriffs office and kept my Onondaga permit. I'm sure there's a good amount of people here that have done the same.

Bonus: Ask the judge for the law that forbids open carry in NY.

 

[Gonzobird]

I moved form Ulster to Lewis county.

I went to the ulster county clerk. Paid them $5 filled out a form and they sent my records to Lewis. Lewis got them sent me a letter to come in a get the Lewis permit. Went and paid them $5 and they gave me a Lewis County permit that day.

I had unrestricted in Ulster so they keep that status in Lewis. No big deal to transfer permits. There is a standard NYS form for it.

Easy process not sure your reason for wanting to keep it in your original county unless you plan to go back there at some point?

Oh and what the hell is the judge doing? He must feel he is on a mission. Getting elected and then going through each permit record to see who he can screw with? That judge needs more to do and if he is asking you to find a law then why is he even a judge?

 

[nicklausjames]

I forget where, but in the law it only says that you need to inform the licensing agency that you moved within 10 days. In my case, I moved from Onondaga county to Oswego. I filled out the proper paperwork at the sheriffs office and kept my Onondaga permit. I'm sure there's a good amount of people here that have done the same.

Bonus: Ask the judge for the law that forbids open carry in NY.

Ok thanks and that makes sense. If there is something in the law that says you need to advise the county of the change of address that should be good enough because why would the law include something about a change of address if you cannot change address? Regarding the judge he actually seems like a good guy and like he genuinely wants to help me. He told me his main concern is it is difficult for his county to monitor criminal issues outside the county, such as if I committed domestic violence of some similar crime. This was his main issue as if he approves this for me it must apply to all others who may not be as upstanding of citizens as I am. He also said if I don't do any amendments (buy or sell any guns) than this won't come to his attention and is a non issue. In other words if he can he'd just ignore it but problem is I want the freedom to sell and buy new guns in the future.

In any event I don't have any beef with the judge. He is new and trying to figure it out. He is also trying to follow the actual law which is what conservative judges do. Problem is the liberal ones make it up as they go and screw us over while our judges don't screw them over.

If anyone knows where that language that you need to advise county of change of address is I"d love to hear it???

 

[nicklausjames]

I moved form Ulster to Lewis county.

I went to the ulster county clerk. Paid them $5 filled out a form and they sent my records to Lewis. Lewis got them sent me a letter to come in a get the Lewis permit. Went and paid them $5 and they gave me a Lewis County permit that day.

I had unrestricted in Ulster so they keep that status in Lewis. No big deal to transfer permits. There is a standard NYS form for it.

Easy process not sure your reason for wanting to keep it in your original county unless you plan to go back there at some point?

Oh and what the hell is the judge doing? He must feel he is on a mission. Getting elected and then going through each permit record to see who he can screw with? That judge needs more to do and if he is asking you to find a law then why is he even a judge?

Did you try transferring your permit into westchester county? They are one of the most restrictive in the state. From everything I have been told they will reduce my full carry to a target permit. They also will require some government bureaucrat be given access to my home to "inspect my safe" at any date or time they wish. In addition this is what they were doing under a GOP county executive, they have now elected a liberal. One of the first things the liberal did was ban gun shows in the county. These are the reasons I want to keep my permit where it is.

Regarding the judge as I stated in my last post I don't have anything against him. I think he is new and trying to do his job as thoroughly as possible. He informed me of his reasoning which is that it is difficult to track criminal activity outside his county.

 

[Doc8404]

Find a local attorney that golfs, or blows, this judge and make this go away.

 

[spat]

Wasn't there a ruling a couple years ago that you could keep your NYS permit if you moved out of state ?

If you can find that it should satisfy this judge, shouldn't it ?

 

[Doc8404]

Wasn't there a ruling a couple years ago that you could keep your NYS permit if you moved out of state ?

If you can find that it should satisfy this judge, shouldn't it ?

If there was, countless counties have yet to update their website and policy. Many still say that you have to turn in your permit to them.

 

[spat]

If there was, countless counties have yet to update their website and policy. Many still say that you have to turn in your permit to them.

Pistol Permit Recertification: FAQs

Has a section on how to recertify if you have moved out of NY.

 

[nicklausjames]

Wasn't there a ruling a couple years ago that you could keep your NYS permit if you moved out of state ?

If you can find that it should satisfy this judge, shouldn't it ?

Yes there was and here is the link Osterweil v. Bartlett

I don't necessarily think this case helps me though because it concerns someone that left ny but keeps a temporary residence in the county for which they have a permit.

 

[Jmac00]

get a P.O. Box in your orginal county and use that as your permantant residence, even register to vote in that county.

or

Move to a free state, which I am more than determined to do within two years

 

[Doc8404]

Pistol Permit Recertification: FAQs

Has a section on how to recertify if you have moved out of NY.

Understood.

Again, counties aren’t playing.

 

[togmaster]

Any cite for this? I have at least 13 on my permit now. Does stresschester limit the number of handguns one can own?

Based on personal experience. They do not limit the number of handguns but they require safe storage. It is up to the public safety officer/judge on when they want an inspection. It typically takes place after 5.

 

[togmaster]

I don't really think this is accurate. I don't think Westchester has any say unless my current county boots me. Under the previous judge I was able to keep my permit in my prior county while I lived in Westchester. I since moved from westchester but my wife wants to move back. Maybe the simplest answer is to leave my wife because I hate everything about westchester but that's for another forum and am so sick of this $hit. In any event, despite the prior judge allowing me to keep my permit in that county for almost 20 years the new judge has requested a law or case which states it is legal for him to leave my permit with him in his county. That is what I'm looking for but it seems no one has an answer on that specific question and who knows there may not be an answer.

Ask a lawyer not a bunch of keyboard warriors.