Some of you are focusing on one step of the process to request a pistol license in Suffolk County which is not the step that the six month requirement is measured from.
I have provided links to lots of information which should be read and considered before reaching your own conclusion. At the risk of being repetitive, I will try one last time to explain how I see it.
The SCPDPLB can establish its own procedures but is compelled to act within the law set out at Article 400 of the Penal Code when considering requests for pistol licenses (defined for purposes of this discussions as the “Pistol License Request(s)”).
As an aside, it might take some type of action to correct the SCPDPLB’s practices that do not comply with Article 400. That does not mean we “are at their mercy”. It means we have not yet successfully fully explored all options available. Some of you sound defeated by your posts. It will be more difficult to bring about change if that mindset, especially for new members, dominates this forum which is why I am being persistent about this matter. Nassau county applicants brought about change because it was cost effective for individual applicants to do so thanks to the generosity of one of our members. It would be great if an equally qualified member took up the cause in Suffolk.
The procedures that the SCPDPLB uses to process Pistol License Requests are described in their document PDCS-4061 (referred to as either Guide To Obtaining a Suffolk County Pistol License (PDCS-4016) or An Overview Of The Pistol Licensing Process In Suffolk County), the first sentence of which is, "The following is a guide to the procedure to apply for a New York State Pistol License issued by Suffolk County Police Department."
The first three steps summarized on page one in the Guide To Obtaining a Suffolk County Pistol License are:
- Step 1 - Applicants are urged to carefully read the provided list of automatic disqualifications and determine if any are applicable. If any are, the applicant need take no further action as they are ineligible to obtain a pistol license.
- Step 2 - The applicant must decide what type of license she/he desires. Descriptions of each license type are provided in this guide as well as in the Pistol License Information Handbook. Please note that applicants may apply for multiple types of licenses simultaneously, i.e. Sportsman/Business.
- Step 3 - The Applicant Questionnaire must be completed in a thorough and legible manner. It is delivered in person or by U.S. mail to the Pistol Licensing Bureau in accordance with the instructions detailed herein. A check or money order in the amount of $10.00 payable to “S.C.P.D.” must accompany the completed Applicant Questionnaire
Step 3 is the step that the six month requirement is measured from. It is in that manner at that time that the Pistol License Request is presented and accepted for processing by the licensing officer. Deferring the presentation of other items to the SCPDPLB until time of the interview pursuant to their procedures does not circumvent the obvious intent of the law to generally deny or grant a request for a license within 6 months. The law specifically states that the licensing officer shall accept the request upon presentment for a reason, to eliminate gamesmanship.
One online dictionary (https://www.dictiona...wse/application ) has 10 definitions for the word application. The ninth definition (a salve, ointment, or the like, applied as a soothing or healing agent) is obviously the wrong one to use when interpreting the law. The fifth definition (a form to be filled out by an applicant, as for a job or a driver's license) makes sense in most of the context. But the fourth definition (the act of requesting) is the only one that makes sense in every context of New York Penal Law §400.00(4-a) setting out the time requirement and the exceptions thereto and is therefore the best definition to use. You do not deny or grant a form. You deny or grant a request.
Beyond that subsection, I dare those still not convinced of which definition to apply to go to the law and see which definition works best in the remainder of Article 400.00. http://ypdcrime.com/...400.htm#p400.00. The fourth definition works, and is intended to work, in some cases but the fifth definition - the act of requesting - works in many more.
Edited by Incognito, August 11 2018 - 04:33 PM.