Can Suffolk County legally take over 6 months to process your pistol permit? - Suffolk County (licensing/laws) - Long Island Firearms

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Can Suffolk County legally take over 6 months to process your pistol permit?

suffolk permit 6 months legally

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53 replies to this topic

#1 kmcloughlin

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Posted August 08 2018 - 03:58 PM

Does anyone know for a fact or tried this method. Is it legal for suffolk to take over 6 months from the day you submit your application to process your pistol permit? Thanks. 



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#2 SpankyTheDolphin

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Posted August 08 2018 - 04:44 PM

I've seen times anywhere from 3 months to 18 months, never heard of any legal length it has to take to process. I feel like if you tried suing them for taking too long they'd just say they're overwhelmed and you'd be out of luck. I know with Nassau it took me 8 months but my friend who applied on the same exact day as me took 6 months.



#3 SpankyTheDolphin

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Posted August 08 2018 - 04:45 PM

Also, for Nassau, they say it's about 6 months from your fingerprint date but I don't know if Suffolk does it differently.



#4 Parashooter

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Posted August 08 2018 - 06:06 PM

Does anyone know for a fact or tried this method. Is it legal for suffolk to take over 6 months from the day you submit your application to process your pistol permit? Thanks. 

 

"Know for a fact"??? - GO READ THE LAW FOR YOURSELF - NYS Penal Law, Sections 400 and 265 cover most everything about Firearms and Licensing.

 

YES - it is a FACT that NY STATE LAW says the issuing agent has "6 Months from presentment of application" to ISSUE or Deny for cause.....

 

 

I've seen times anywhere from 3 months to 18 months, never heard of any legal length it has to take to process. I feel like if you tried suing them for taking too long they'd just say they're overwhelmed and you'd be out of luck. I know with Nassau it took me 8 months but my friend who applied on the same exact day as me took 6 months.

 

Once again - NYS LAW - "Overwhelmed" - I presume you mean understaffed/too much work? - SPECIFICALLY *NOT* an acceptable excuse to delay.

 

Also, for Nassau, they say it's about 6 months from your fingerprint date but I don't know if Suffolk does it differently.

 

"They say"   doesn't overrule NYS LAW.  which says from "Presentment of application"

 

 

The problem is not enough people get angry about being abused by their government officials...   If 50-100 people showed up at every Legislature meeting and complained - something would change.


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#5 SpankyTheDolphin

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Posted August 08 2018 - 07:24 PM

"Know for a fact"??? - GO READ THE LAW FOR YOURSELF - NYS Penal Law, Sections 400 and 265 cover most everything about Firearms and Licensing.

 

YES - it is a FACT that NY STATE LAW says the issuing agent has "6 Months from presentment of application" to ISSUE or Deny for cause.....

 

 

 

Once again - NYS LAW - "Overwhelmed" - I presume you mean understaffed/too much work? - SPECIFICALLY *NOT* an acceptable excuse to delay.

 

 

"They say"   doesn't overrule NYS LAW.  which says from "Presentment of application"

 

 

The problem is not enough people get angry about being abused by their government officials...   If 50-100 people showed up at every Legislature meeting and complained - something would change.

 

NYS isn't going to rule against NYS, they'll just say tough luck and move on until there are better people in office that support gun owners and their rights. Voting people out is more effective than complaining at a meeting where they'll probably just shred any complaints. Whether or not you want to accept it but their excuse of being overworked/understaffed/overwhelmed is exactly what they've been saying when apps take a year to process. Until someone sues them and successfully wins I don't really see any major changes happening.



#6 Punisher1336

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Posted August 08 2018 - 08:56 PM

Whose gona stop them

#7 Parashooter

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Posted August 08 2018 - 09:46 PM

NYS isn't going to rule against NYS, they'll just say tough luck and move on until there are better people in office that support gun owners and their rights. Voting people out is more effective than complaining at a meeting where they'll probably just shred any complaints. Whether or not you want to accept it but their excuse of being overworked/understaffed/overwhelmed is exactly what they've been saying when apps take a year to process. Until someone sues them and successfully wins I don't really see any major changes happening.

 

Oh, I see - so you think we should just give up and roll over and play dead then....  Again, not enough people get angry and complain - and so our elected "representatives" don't do anything to change the COUNTY PD's violation of STATE Laws.

 

 - it is NOT  "NYS ruling against NYS" - it is the COUNTY violating STATE LAW.

 

But go ahead, do nothing.... Just don't complain about it anymore.   


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#8 SpankyTheDolphin

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Posted August 08 2018 - 11:10 PM

Oh, I see - so you think we should just give up and roll over and play dead then....  Again, not enough people get angry and complain - and so our elected "representatives" don't do anything to change the COUNTY PD's violation of STATE Laws.

 

 - it is NOT  "NYS ruling against NYS" - it is the COUNTY violating STATE LAW.

 

But go ahead, do nothing.... Just don't complain about it anymore.   

 

I understand what you're saying but I honestly don't have time to go to legislative meetings, but I do donate to 2A groups and write/call/vote when applicable. Family, work and school take priority over this so I can't really do as much as I'd like to. It sucks but it is what it is. In the end I'm not too hopeful for NY changing it's anti-gun ways and, along with high cost of living, is why most people probably leave for better states.



#9 2edgesword

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Posted August 08 2018 - 11:23 PM

No, there is no legal justification for taking longer than 6 months to process an application. The very reason the time limit is in the legislation is to prevent unnecessary delays. But the powers that be in Suffolk County believe they are above the law when it comes to this matter.
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#10 Incognito

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Posted August 09 2018 - 12:27 AM

Does anyone know for a fact or tried this method. Is it legal for suffolk to take over 6 months from the day you submit your application to process your pistol permit? Thanks. 

It is not legal.

 

 

New York Penal Law §400.00(15) provides (in its entirety):

 

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


New York Penal Law S105.00 Conspiracy in the sixth degree.
A person is guilty of conspiracy in the sixth degree when, with intent that 
conduct constituting a crime be performed, he agrees with one or more persons 
to engage in or cause the performance of such conduct.

Conspiracy in the sixth degree is a class B misdemeanor.

 

 https://www.longislandgunclub.com/forum/licensing/suffolk/320631-application-questionnaire-versus-application-versus-application


Edited by Incognito, August 09 2018 - 01:00 AM.


#11 Incognito

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Posted August 09 2018 - 12:40 AM

...they'd just say they're overwhelmed and you'd be out of luck....

 

Wrong.

 

The police commissioner probably has the largest personnel budget of any Suffolk County department.

The Suffolk County PD has been dealing with the US Attorney's office to make corrections in other areas. The reports are on the SCPD website, check them out.

I would be shocked if they are so overwhelmed that retiring officers don't get their licenses in a timely manner.

The police commissioner can choose priorities and reallocate resources.

 

To me that demonstrates intent not to follow the law.

 

 

Can analogies derived from the legislative intent of New York Penal Law §20.20 and §20.25 be made in assessing the culpability of the actors in this case? Is 2(b below problematic for the County Executive, the Police Commissioner and the Public Safety Committee of the Suffolk County Legislative? I believe government workers do get some limited protection for acts performed in the scope of their employment..

 

New York Penal Law §20.20 and §20.25

 

20.20 Criminal liability of corporations.

1. As used in this section:

(a) "Agent" means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation.

(b "High managerial agent" means an officer of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.

2. A corporation is guilty of an offense when:

(a) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or

( b The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or recklessly tolerated by the board of directors or by a high managerial agent acting within the scope of his employment and in behalf of the corporation; or

(c  The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of his employment and in behalf of the corporation, and the offense is (i) a misdemeanor or a violation, (ii) one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on a corporation, or (iii) any offense set forth in title twenty-seven of article seventy-one of the environmental conservation law.

 

20.25 Criminal liability of an individual for corporate conduct.

A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf.


Edited by Incognito, August 09 2018 - 01:51 AM.


#12 Incognito

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Posted August 09 2018 - 12:43 AM

NYS isn't going to rule against NYS,

 

The Suffolk County DA and the NY State Attorney General each have a Public Integrity Bureau for a reason.

 

Suffolk:

Government Corruption Bureau (a.k.a. Public Integrity Bureau? - located in Hauppauge by Old Willets Path: 631 853-4626)
The Government Corruption Bureau investigates and prosecutes crimes by elected and appointed officials who violate the public trust. Since January of 2002, the bureau has successfully prosecuted dozens of public officials and employees.

 

NYS:

Public Integrity Bureau

The Public Integrity Bureau (“PIB”) investigates and seeks to vindicate the public's interest in honest government. When government actors, or private individuals acting in concert with them, engage in corruption, fraud or illegal behavior in the course of their public duties, the PIB may investigate or take enforcement action to restore the public's interest in honest government and the integrity of government officials at the state and local level. Specifically, PIB handles complex investigations into government corruption, fraud and abuse of authority. Although PIB is part of the Criminal Division, PIB brings cases pursuant to both civil and criminal authority. The Bureau can also issue reports about its investigations and findings.

The Attorney General has made cracking down on corruption and restoring the public’s trust in government a top priority for the Office. In 2011, the Attorney General launched a groundbreaking initiative expanding his office’s authority to investigate public corruption involving taxpayer funds by partnering with the state Comptroller. In addition, the Attorney General designated public integrity officers in every region of the state to give New Yorkers a place to go to report complaints of government corruption without the fear of local politics influencing the outcome.


Edited by Incognito, August 09 2018 - 01:30 AM.


#13 Punisher1336

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Posted August 09 2018 - 02:08 AM

The SCPD has a new Commissioner. Im pretty sure she probably doesnt even know there is a PLB, yet alone about the untimely issuing of pistol licenses. She has her agenda other than that she will not rock the boat. You want change? Go after the elected officials, and stop whining about PLB. Nothing will change unless tbe County Exec takes action. And honestly with all the apathetic gun owners in this state, nothing is going to change.
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#14 Phoenix69

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Posted August 09 2018 - 06:20 AM

The government not following the rules——I am shocked!
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#15 KPvette

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Posted August 09 2018 - 08:06 AM

Pretty simple we the people have to vote the elected asshats out of office every chance we get.  Yes Suffolk will drag it's heals and try to discourage anybody and everybody from legally owning a pistol.  By filling out the questionare (Not an appliaction) to lengthy waiting period to the Yaphank shuffle to doing what ever it takes to break you and make you give up.  But were not going to roll over and give up becuase we as Suffolk County resident pay one of the higest taxs rates in the country and we expect our elected officals to do their jobs without getting kickbacks and making boiler room deals with buddies. 

 

Whewwwww  sorry about my rant  I need a smoke and a drink now.  



#16 SpankyTheDolphin

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Posted August 09 2018 - 08:53 AM

Pretty simple we the people have to vote the elected asshats out of office every chance we get.  Yes Suffolk will drag it's heals and try to discourage anybody and everybody from legally owning a pistol.  By filling out the questionare (Not an appliaction) to lengthy waiting period to the Yaphank shuffle to doing what ever it takes to break you and make you give up.  But were not going to roll over and give up becuase we as Suffolk County resident pay one of the higest taxs rates in the country and we expect our elected officals to do their jobs without getting kickbacks and making boiler room deals with buddies. 

 

Whewwwww  sorry about my rant  I need a smoke and a drink now.  

 

Make sure you renew your smoke and drink permit, citizen.



#17 mason852

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Posted August 09 2018 - 08:57 AM

Fact is "they " don't want YOU armed.


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#18 NRATC53

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Posted August 09 2018 - 10:27 AM

Does anyone know for a fact or tried this method. Is it legal for suffolk to take over 6 months from the day you submit your application to process your pistol permit? Thanks. 

Short answer? No, it isnt legal. Real life? They do it every day, because if someone files an Article 78, THAT PERSON (and only that person) gets their license issued before the case goes to court, thereby removing their standing.There is no penalty for their delays, so they go on doing it


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#19 NRATC53

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Posted August 09 2018 - 10:30 AM

"Know for a fact"??? - GO READ THE LAW FOR YOURSELF - NYS Penal Law, Sections 400 and 265 cover most everything about Firearms and Licensing.

 

YES - it is a FACT that NY STATE LAW says the issuing agent has "6 Months from presentment of application" to ISSUE or Deny for cause.....

 

 

 

Once again - NYS LAW - "Overwhelmed" - I presume you mean understaffed/too much work? - SPECIFICALLY *NOT* an acceptable excuse to delay.

 

 

"They say"   doesn't overrule NYS LAW.  which says from "Presentment of application"

 

 

The problem is not enough people get angry about being abused by their government officials...   If 50-100 people showed up at every Legislature meeting and complained - something would change.

We put the time limit and specific "short staffing" in the bill for a reason.


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#20 Incognito

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Posted August 09 2018 - 11:17 AM

The SCPD has a new Commissioner. Im pretty sure she probably doesnt even know there is a PLB, yet alone about the untimely issuing of pistol licenses.

She knows.

Two legislators (Trotta and Kenedy) talked to her about most of the content of this thread it in April, just before and after she officially got the post.

 

According to the organizational chart on the SCPD website, the PLB reports directly to the Commissioner.


Edited by Incognito, August 09 2018 - 11:41 AM.






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