Westchester County permit interview date of 8/31/2021

[Brodirt]

I just received 8/31/2021 as my interview date and I was told to consider myself lucky.
I am an attorney and am seriously considering a legal challenge.
I was wondering if anyone else has gone through the process recently and can share their appointment timeframe.
To me this is beyond the pale ridiculous and intended to infringe on my/our rights.

 

[Chevusa]

"Consider yourself lucky"

Wow

A legal challenge would let them know that We the People are not sleeping but I can't see it doing much good beyond that.

The penal law says they have 6 months to issue a permit if you qualify for one. This is almost never abided by because they come up with creative ways around it. They say the clock doesn't start until the judge takes possession of your file.

Let us know what you decide and what happens.

 

[togmaster]

Just an fyi. Westchester typically gives interview dates that are far off. If you ask to be moved up and call regularly they usually move the date up. Never heard of an 11 month wait though.

 

[Brodirt]

Just an fyi. Westchester typically gives interview dates that are far off. If you ask to be moved up and call regularly they usually move the date up. Never heard of an 11 month wait though.

Ive been calling the permit office for more than a month just to get an appointment! This is the first time a live body picked up the phone; I was shocked. I will keep calling but Im neither holding my breath or changing my mind about suing.

 

[Criticalt]

This state is so messed up.
Our county doesnt do interviews.
Other than the permit office personnel, you see and talk to nobody.
Your permit from start to finish is 3-4 months.....which we find ridiculous.

 

[Cooolone]

Why not just send them notice that you intend to exercise your 2A rights up until an determination is made that you are not eligible to participate!?

Wonder if this would work... You, hey you! Yeah YOU! You can't vote until we verify that you can... Please stand by, we'll get back to you in a year or two!

Pfffft!

 

[Phazer]

Just an fyi. Westchester typically gives interview dates that are far off. If you ask to be moved up and call regularly they usually move the date up. Never heard of an 11 month wait though.

Back in 2013, I was given an "appointment date" to file my paperwork 8 months from when I called the permitting office.

 

[218bee]

Added one pistol a few years back and it took about 6 weeks to clear. This is after having my permit for well over 20 years , without incident. Also this came right after submitting to a second "safe inspection" for no apparent reason. Vermont's looking better and better

 

[Phazer]

Added one pistol a few years back and it took about 6 weeks to clear. This is after submitting to a second "safe inspection" for no apparent reason. Vermont's looking better and better

You think that's crazy? Well...after I'd had two "safe storage inspections," my wife filed a permit amendment to add my pistols to her permit. The county requested that she have a safe inspection in order to add the pistols to her permit. You know...to add THE SAME PISTOLS for which I'd already had multiple safe inspections in the same house. We called and spoke to the detective handling the inspections. He said that another inspection was not needed and he sent through her amendment paperwork to be processed.

 

[Brodirt]

Why not just send them notice that you intend to exercise your 2A rights up until an determination is made that you are not eligible to participate!?

Wonder if this would work... You, hey you! Yeah YOU! You can't vote until we verify that you can... Please stand by, we'll get back to you in a year or two!

Pfffft!

Yeah, lets see if my retailer plays along and releases my Kimber 1911 to me without a permit.

 

[BDinPutnam]

Who do you intend to name in the suit and what are your causes of action?

 

[Tisto]

What is a " safe inspection " ? The Sheriff just drops by unannounced and says I want to look ? Tell him to get a warrant and in the meantime to go f■■k himself.

 

[Cooolone]

Who do you intend to name in the suit and what are your causes of action?

Anyone and everyone in the chain of application, review and approval, especially the judiciary for the Arbitrary and Capricious actions which place encumbrances and malfeasance towards those who wish to exercise their 2A Rights!

 

[Chevusa]

What is a " safe inspection " ? The Sheriff just drops by unannounced and says I want to look ? Tell him to get a warrant and in the meantime to go f■■k himself.

They require you have a safe in the home to secure the guns. They don't just take your word for it. And if he follows your advice, he won't have to worry about getting a safe, because he won't have any guns to begin with.

 

[BDinPutnam]

Anyone and everyone in the chain of application, review and approval, especially the judiciary for the Arbitrary and Capricious actions which place encumbrances and malfeasance towards those who wish to exercise their 2A Rights!

Uhm, ok.

 

[Tisto]

They require you have a safe in the home to secure the guns. They don't just take your word for it. And if he follows your advice, he won't have to worry about getting a safe, because he won't have any guns to begin with.

Phazer posted that he had 2 inspections, and was scheduled for a 3rd when his wife put his pistols on her permit. How many times do they have to see a safe ? Where is this ?

I suppose they want to see exactly what's inside the safe, too ? Do they look around the house for other things ?

 

[Chevusa]

Phazer posted that he had 2 inspections, and was scheduled for a 3rd when his wife put his pistols on her permit. How many times do they have to see a safe ? Where is this ?

I suppose they want to see exactly what's inside the safe, too ? Do they look around the house for other things ?

Must not be America.

 

[Tisto]

All I can say is it would be a cold day in hell if some Gov't agent showed up at my door unannounced and wanted me to let him in so he could inspect my safe or it's contents. Got a warrant ? No ? Too fucking bad. Go away.

I don't answer the door for anyone that I'm not expecting. The possible exception to that is a little girl selling cookies. Otherwise, GO AWAY. I have been known to not answer the door for my own sibling, simply because they chose to just "drop by" without calling.

 

[Blimey]

When you're done with the interview they'll continue to take their sweet time processing it. So it looks like your application time will be over a year.

 

[Chevusa]

All I can say is it would be a cold day in hell if some Gov't agent showed up at my door unannounced and wanted me to let him in so he could inspect my safe or it's contents. Got a warrant ? No ? Too fucking bad. Go away.

I don't answer the door for anyone that I'm not expecting. The possible exception to that is a little girl selling cookies. Otherwise, GO AWAY. I have been known to not answer the door for my own sibling, simply because they chose to just "drop by" without calling.

You are missing the point. No inspection = no pistols. Go to that county and try this and ket us know how it goes. Easy to talk when you don't live there.

 

[Phazer]

Phazer posted that he had 2 inspections, and was scheduled for a 3rd when his wife put his pistols on her permit. How many times do they have to see a safe ? Where is this ?

I suppose they want to see exactly what's inside the safe, too ? Do they look around the house for other things ?

They want to know you have a safe and to see the safe. Since they aren't doing a criminal investigation and don't have a warrant, they insist that you do not open the safe. They do not want to look inside.

It is annoying. But, the detectives are nice and seem to side with citizens. They agree that the judges are nuts.

 

[Tisto]

No, I think you're missing the point. As a prerequisite to obtaining a permit, having a safe is one of that county's rules. No matter how wrong it is, or how I feel about it, it's their playground. But past that, how many inspections do you need ? At what point does an inspection become burdensome ? How often can a gov't agent decide you need to be inspected and for what reasons ? Suppose a certain authority doesn't like you for whatever reason and decides to use frequent inspections as leverage or intimidation - what recourse do you have ? Are ALL guns mandated to be inside said safe ? How would the authority know if they were or were not without knowing exactly what you own ?

As I recall, the Heller decision ruled against storage rules.

 

[Tisto]

They want to know you have a safe and to see the safe. Since they aren't doing a criminal investigation and don't have a warrant, they insist that you do not open the safe. They do not want to look inside.

It is annoying. But, the detectives are nice and seem to side with citizens. They agree that the judges are nuts.

Ok, so please explain to me why you had a 2nd inspection, and then were scheduled for a 3rd. What triggered the additional scrutiny ?

 

[Phazer]

As I recall, the Heller decision ruled against storage rules.

This is New York...specifically Westchester county.

You are referring to court rulings from a foreign country..... The United States.

 

[nortatoga]

No, I think you're missing the point. As a prerequisite to obtaining a permit, having a safe is one of that county's rules. No matter how wrong it is, or how I feel about it, it's their playground. But past that, how many inspections do you need ? At what point does an inspection become burdensome ? How often can a gov't agent decide you need to be inspected and for what reasons ? Suppose a certain authority doesn't like you for whatever reason and decides to use frequent inspections as leverage or intimidation - what recourse do you have ? Are ALL guns mandated to be inside said safe ? How would the authority know if they were or were not without knowing exactly what you own ?

As I recall, the Heller decision ruled against storage rules.

Heller ruling was only for DC.

 

[Acer-m14]

Heller ruling was only for DC.

so Roe vs Wade only applies to the state the suit came from ... humm

 

[nortatoga]

so Roe vs Wade only applies to the state the suit came from ... humm

You never cease to amaze.

 

[byron]

Heller ruling was only for DC.

US Supreme Court finds something is unconstitutional it cover all of the US. Not like the circuit only covering their district



Because of the District of Columbia's status as a federal enclave (it is not in any state), the decision did not address the question of whether the Second Amendment's protections are incorporated by the Due Process Clause of the Fourteenth Amendment against the states.[3] This point was addressed two years later by McDonald v. City of Chicago (2010), in which it was found that they are.

On June 26, 2008, the Supreme Court affirmed by a vote of 5 to 4 the Court of Appeals for the D.C. Circuit in Heller v. District of Columbia.[4][5] The Supreme Court struck down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional, determined that handguns are "arms" for the purposes of the Second Amendment, found that the Regulations Act was an unconstitutional ban, and struck down the portion of the Regulations Act that requires all firearms including rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock". Prior to this decision the Firearms Control Regulation Act of 1975 also restricted residents from owning handguns except for those registered prior to 1975.

 

[nortatoga]

US Supreme Court finds something is unconstitutional it cover all of the US. Not like the circuit only covering their district



Because of the District of Columbia's status as a federal enclave (it is not in any state), the decision did not address the question of whether the Second Amendment's protections are incorporated by the Due Process Clause of the Fourteenth Amendment against the states.[3] This point was addressed two years later by McDonald v. City of Chicago (2010), in which it was found that they are.

On June 26, 2008, the Supreme Court affirmed by a vote of 5 to 4 the Court of Appeals for the D.C. Circuit in Heller v. District of Columbia.[4][5] The Supreme Court struck down provisions of the Firearms Control Regulations Act of 1975 as unconstitutional, determined that handguns are "arms" for the purposes of the Second Amendment, found that the Regulations Act was an unconstitutional ban, and struck down the portion of the Regulations Act that requires all firearms including rifles and shotguns be kept "unloaded and disassembled or bound by a trigger lock". Prior to this decision the Firearms Control Regulation Act of 1975 also restricted residents from owning handguns except for those registered prior to 1975.

Yes just DC.

 

[byron]

Yes just DC


applies to state and local governments in addition to the federal government



AN EXTENSION OF HELLER TO STATE AND LOCAL GOVERNMENTS: MCDONALD V. CITY OF CHICAGO
In 2010, the Supreme Court heard a case challenging Chicago’s handgun ban, one similar to DC’s recently overturned ban. Otis McDonald and three other Chicago residents sued the city over the ban, and because the Heller decision only applied federally, the Supreme Court agreed to hear the case.
In McDonald v. City of Chicago, the Supreme Court held in a 5–4 ruling that the Second Amendment applies to state and local governments in addition to the federal government. While Chicago’s complete handgun ban was overturned, the Court reiterated in McDonald that a wide variety of state and local gun laws are constitutionally permissible.