Recertification is done today 1/31/18
- Thread starter HighlandLofts
- Start date
He has no say though. It's all up to the judge. The judge could say, "F the state, I'm not rescinding any permits." Or the judge could say, "I revoke the permit." And the clerk would it. The clerk has no say in the matter. They just do what the judges tell them to do.
Right, but it would have to be at the direction of the judge who issued the license and the judge wouldn't know shit unless the clerks office told them. Who would you put more faith in. The CC that recognizes this whole thing is a problem, stays open on Saturdays to help people, goes on the radio to educate people, address the confiscation issue directly or the CC that says nothing?
Bob
6.5 Creedmoor
Incorrect. ANY judge in New York State has the authority to suspend or revoke a pistol permit issued in any county. The New York State Police can bypass the County Clerk altogether, and refer cases directly to a judge.
Since the County Clerk isn't the one who is going to come knocking on my door or banging the gavel, I could give two shits less what they think.
And then the State will use this!
Mandamus ("We command") is a judicial remedy in the form of an order from a superior court,[1] to any government subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.
Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrieved only when he or she is denied a legal right by someone who has a legal duty to do something and abstains from doing it.
I'd be interested to see any information you have on this. I was always under the impression that this was a county level thing.
Bob
6.5 Creedmoor
New York State Penal Law 400.00
11. License: revocation and suspension. (a) The conviction of a
licensee anywhere of a felony or serious offense or a licensee at any
time becoming ineligible to obtain a license under this section shall
operate as a revocation of the license. A license may be revoked or
suspended as provided for in section 530.14 of the criminal procedure
law or section eight hundred forty-two-a of the family court act. Except
for a license issued pursuant to section 400.01 of this article, a
license may be revoked and cancelled at any time in the city of New
York, and in the counties of Nassau and Suffolk, by the licensing
officer, and elsewhere than in the city of New York by any judge or
justice of a court of record; a license issued pursuant to section
400.01 of this article may be revoked and cancelled at any time by the
licensing officer or any judge or justice of a court of record. The
official revoking a license shall give written notice thereof without
unnecessary delay to the executive department, division of state police,
Albany, and shall also notify immediately the duly constituted police
authorities of the locality.
HighlandLofts
6.5 Creedmoor
At best It's a big cluster fuck left at some government officials discretion depending on who's their boss and the bosses political affiliation.
In today' political world no one is held accountable, if you get caught with your hands in the cookie jar, you just get redistributed to another department.
Your retirement IS SECURE.
In today' political world no one is held accountable, if you get caught with your hands in the cookie jar, you just get redistributed to another department.
Your retirement IS SECURE.
From NYSP recertification Q&A:
Q: What happens if a permit holder does not recertify before the deadline?
A: According to the statute, failure to recertify shall act as a revocation of the permit. At the same time, until we have had an opportunity to process every submission, we will be unable to confirm who has not recertified and will be unable to transmit that information to the local licensing authorities. We do not set policy for local law enforcement, but can confirm that the State Police will not take criminal enforcement action against individuals who have unknowingly failed to recertify.
Q: What happens if a permit holder does not recertify before the deadline?
A: According to the statute, failure to recertify shall act as a revocation of the permit. At the same time, until we have had an opportunity to process every submission, we will be unable to confirm who has not recertified and will be unable to transmit that information to the local licensing authorities. We do not set policy for local law enforcement, but can confirm that the State Police will not take criminal enforcement action against individuals who have unknowingly failed to recertify.
Robin
.475 A&M Magnum
The officer, will whack his PeePee!
Robin
Robin
Acer-m14
20×102mm Vulcan
got ya by the green highlight .. now define it in there terms ...
Will this be what those who chose not to recert, will be going though?
Is this Robin Cheech or Robin Chong ?
Doc8404
.450/400 Nitro Ex
Wow. So the local town justice of anywhere can revoke anyone’s permit. Did I read that correctly?
Doesn’t say the process or need for DA or anyone to agree.
I hope my reading comprehension is off today.
Robin
.475 A&M Magnum
Your too tall, No permit for you! Your too short, No permit for you! your just right...........No permit for you!
Robin
Robin
spat
.700 Nitro Express
There is an implied YET in there that you all are forgetting.
There is absolutely nothing to stop FUAC from changing the rules anytime. Maybe next year he will decide the whole state needs to adopt the "common sense" provisions of downstate, anyone with a PP needs to have a secure storage facility, that is subject to inspection. Maybe anyone with more than 5 guns on their permit will be required to get an FFL.
The problem is that while the 2A is supposed to prevent that sort of shenanigans, it has proven to be worthless here in NY.
Dr. Evil
20×102mm Vulcan
Nanook145
.40 S&W
I think you may have something called paranoid personality disorder:/
You would probably also suck at playing poker. Many of us have defiantly chosen not to renew our permits simply because we are able to call their bluff. This is just an attempt to scare people like you into giving them as much power as possible in knowing everything about you and the whereabouts of your firearms. I myself refuse to give them this and have decided to draw the line here. Besides, my permit says expires 00/00/0000. If anyone thinks I should know otherwise, I would say I do not follow the media and live under a rock.
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While I commend your attitude towards this, you just posted on an internet forum, get back under the rock ! LOL
masterswimmer
.450/400 Nitro Ex
Doc8404
.450/400 Nitro Ex
Guess he ain’t too smart.
I forsee that anyone trying to put an amendment through in the future will hit a roadblock if they haven't recertified. NYSP will have their lists, send them down to county clerks, if your not on it then no go. What happens after that is anyone's guess. Letter to judge? Delay until you recertify? Extensive background check? Investigation? Don't plan on buying a pistol then folks. Enjoy what you got. I speak based on the way NY has traditionally screwed us and not just with 2A.