More lies from state about license law?

[usmcveteran]

I did a quick read and found something I think. NYS has said outside nyc Westchester area you don't need to complete training to recertify. They said you only need training if you already have license if you renew and we don't have to renew outside those areas.

However the law specifically says you have to take training before recertify not renew.

seems like law implies recertification is same as renewal.

https://www.nysenate.gov/legislation/laws/PEN/400.00


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[usmcveteran]

Unless there saying you can renew your license without the training but the training has to be done before you recertify a license that has to be renewed at some point.

Love how NYS writes laws.

[usmcveteran]

Ok so let me get this straight too.

If I have my rifle license I have to walk into a gun shop, give them a coupon (I wonder if they accept target coupons) then I can take possession? It says coupon but does not specify what kind. It also says that you have to provide serial # , make , model , etc for pistols . It does NOT require that information for a rifle.

* 7. License: form. Any license issued pursuant to this section shall,
except in the city of New York, be approved as to form by the
superintendent of state police. A license to carry or possess a pistol
or revolver or to purchase or take possession of a semiautomatic rifle
shall have attached the licensee's photograph, and a coupon which shall
be removed and retained by any person disposing of a firearm to the
licensee. A license to carry or possess a pistol or revolver shall
specify the weapon covered by calibre, make, model, manufacturer's name
and serial number, or if none, by any other distinguishing number or
identification mark, and shall indicate whether issued to carry on the
person or possess on the premises, and if on the premises shall also
specify the place where the licensee shall possess the same

[camper4lyfe]

It's all clear as mud, exactly as they've planned.

The state is also using renew and recertify as 2 different things, which apparently downstate actually has to renew, but up here it's only recertify. It's all a cluster.

It also means I'm not getting my permit any time soon since I can't drop $400 on training on top of 1) the permit and associated fees, and 2) buying an actual gun. The cost to own a pistol essentially doubled with the stroke of a pen. Awesome.

[thughes]

Sounds like your rights are being infringed.......

[camper4lyfe]

Yup. Like your other post: BOHICA

[usmcveteran]

It's all clear as mud, exactly as they've planned.

The state is also using renew and recertify as 2 different things, which apparently downstate actually has to renew, but up here it's only recertify. It's all a cluster.

It also means I'm not getting my permit any time soon since I can't drop $400 on training on top of 1) the permit and associated fees, and 2) buying an actual gun. The cost to own a pistol essentially doubled with the stroke of a pen. Awesome.

I found out today since I have pistol permit I have to request Plastic cards and check rifle amendment and pay like $12. I'm planning on filling out paperwork and requesting waiver on constitutional grounds. A this license thing is unconstitutional, and B making me pay is unconstitutional, C the law doesn't allow for charging of fees.

[WARFAB]

Just read an article saying the judge who tossed the case challenging this law basically said it's unconstitutional. Since he tossed the case due to a lack of standing, it's game on if the state actually arrests anyone on it. So basically keep carrying and don't worry about it. Granted, that doesn't fix the fees and procedural headaches in the mean time.

[usmcveteran]

I want to preface this by saying I respect licensing officers and the impossible situation they are in even before this new law.

That said this is completely unacceptable.

Here are excerpts from NYS penal 400.

4-a. Processing of license applications. Applications for licenses
shall be accepted for processing by the licensing officer at the time of
presentment. Except upon written notice to the applicant specifically
stating the reasons for any delay, in each case the licensing officer
shall act upon any application for a license pursuant to this section
within six months of the date of presentment of such an application to
the appropriate authority. Such delay may only be for good cause and
with respect to the applicant. In acting upon an application, the
licensing officer shall either deny the application for reasons
specifically and concisely stated in writing or grant the application
and issue the license applied for.


The above applies to pistol permit and now semi automatic rifle licenses. 6 month clock starts when application is presented to appropriate authority. Not licensing officer, so clock starts when you turn it into whoever the county says you need to give it too.

So to recap, once you turn it into the appropriate authority the licensing officer has 6 months to approve or deny license and can only delay for good cause and at the applicants fault, such as not filling out form properly.


15. Any violation by any person of any provision of this section is a class A misdemeanor.

So licensing officers across the state are likely committing thousands of counts of violations of the law. Read articles and you'll see many counties freely admitting they are backlogged much longer and factor in statute of limitations.

Just saying........

[thughes]

6 months wait to be "allowed" by the state to purchase a Ruger 10/22?

Lmfao!