Pistol permit law

[nortatoga]

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 ?

That ruling went the other way!

IN THE MATTER OF JERALD O'BRIEN, RESPONDENT, v. THOMAS W. KEEGAN, AS JUSTICE OF THE SUPREME COURT, APPELLANT.

 

[OwnTheRide]

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.

Get a lawyer, it's clear this judge is ignorant regarding law.

Alternatively, tell him it's right next to the law that says you can breathe. There isn't one. Which means one of the following:

1) You cannot legally breathe
2) Laws prohibit actions, they don't permit them. If there is no law prohibiting something, then it is legal.

Obviously, #1 isn't the case. So the onus is on the judge to show you the law that says you can't keep your permit in a county other than the one you live. Since one does not exist, it is legal to do so.

Obviously, that won't fly unless you have a lawyer present the argument for you.

An alternative (that is highly unlikely to work) would be to show the judge the relevant portions of law. In this case, it is the later half of § 400.00 subsection 9:

Notification of any change of residence shall be made in writing by any
licensee within ten days after such change occurs, and a record of such
change shall be inscribed by such licensee on the reverse side of his or
her license. Elsewhere than in the city of New York, and in the counties
of Nassau and Suffolk, such notification shall be made to the executive
department, division of state police, Albany, and in the city of New
York to the police commissioner of that city, and in the county of
Nassau to the police commissioner of that county, and in the county of
Suffolk to the licensing officer of that county, who shall, within ten
days after such notification shall be received by him or her, give
notice in writing of such change to the executive department, division
of state police, at Albany.

When moving, your only legal requirement is that you notify the state police of your change of address and inscribe it on the back of your license. That's it. Anything else - including notifying your licensing officer - is extra-legal: meaning, not defined or required by law.

 

[gun_slinger_boy]

Pistol Permit Recertification: FAQs

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

So has anyone successfully done this? So for instance if I had a permit in NY but then moved out of state (permanently) and hold no NY address could one recertify and legally carry in NY?

 

[David D]

You can keep your NY permit if you move out of state. My Son moved to Nebraska and was able to keep it. He also re-certified after he moved.

 

[Doc8404]

Depends what you read.
Depends on what county issued your permit.

 

[David D]

The permit is a NYS permit, not a county permit. The state has special instructions for people with a permit who live out of state that need to recertify

 

[dubleuhb]

My buddy moved from Niagara to Erie county, he was allowed to keep his permit from Niagara, if he moves again anywhere but Niagara he has to get his permit redone in the county he resides in. Even if he sells his house in Erie and moves across the street, one move, and one move only was what they told him. FWIW.

 

[gun_slinger_boy]

You can keep your NY permit if you move out of state. My Son moved to Nebraska and was able to keep it. He also re-certified after he moved.

I suppose I'll give it a whirl.

 

[CzechFan]

Tell the judge every county makes up its own rules, which is the sad truth. Any rules the county makes up is ok, as long as it doesn't conflict with state law... because this is a "may issue" state... another way of saying that is "we can pull your permit any time we like". I soooo want to leave this effing state.

 

[nicklausjames]

That ruling went the other way!

IN THE MATTER OF JERALD O'BRIEN, RESPONDENT, v. THOMAS W. KEEGAN, AS JUSTICE OF THE SUPREME COURT, APPELLANT.

Osterliel v bartlett was from the 2nd circuit and ruled that if you domicile out of state but maintain a residence in ny you still qualify for a pistol license.

 

[nicklausjames]

Tell the judge every county makes up its own rules, which is the sad truth. Any rules the county makes up is ok, as long as it doesn't conflict with state law... because this is a "may issue" state... another way of saying that is "we can pull your permit any time we like". I soooo want to leave this effing state.

I read 52 cases under the search "pistol license" and "NY" today on lexis nexis and sadly you are essentially correct. NY law is very vague and licensing agents or judges are given broad discretion. This means a judge in an upstate county can issue a permit to pretty much everyone (as long as not in violation of NY law) and a judge in westchester can limit people in that county to target licenses.

I'm basically going with the argument you put forth that the judge can do whatever he wants and that the law does not outlaw him from keeping my permit in county. After researching it this is the correct interpretation. Alternatively I might just kick my wife to the curb and look for a new woman from out of state because even if I move to westchester I will be treated as a freak for exercising any 2A rights and who the F really wants to be around these types of people?

 

[Twogunwilly]

Divorce is expensive because it's worth it.

 

[repete]

Haven't read all the posts so with that in mind... Why is a judge even involved at all? None of this makes any real sense at all. Some judge LET you keep a permit in a place you didn't live for 20 years and now some other judge wants to stop that. How did the new judge even find out about you?

 

[gun_slinger_boy]

For what it's worth. I sent in the forms to recertify my permit on Thurs. How does the saying in NY go? Hope for the not so bad prepare for the absolute worst? Something like that.

 

[HighlandLofts]

Divorce is expensive because it's worth it.

Boating accidents are cheaper if you dont get caught.

I just dont u understand why a ass wipe judge has anything to do with issuing a pistol permit.

Here in Washington state and Pennsylvania the county sherriff department issues them.
Just fill.out the paperwork, pay the fee, done.