53 replies to this topic

[Incognito]

The commissioner, and all under him should be up on charges.  but as usual the laws have no teeth when it comes to governmental abuse.

 

The law does have some teeth.

A criminal complaint needs to be filed with the Suffolk County or NY State Attorney General's Public Integrity Bureau to start an investigation.

 

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.”

[svrider]

ROFLMAO! I can't believe this is still in the most recent posts category!?!? This is NY and everybody just needs to wrap their minds around that... you are a subject in the Kings realm. No amount of letter writing or protesting is going to change how anything is done in this state. Move... that is how you hurt NYS... take your tax dollars to a free state. No one has pockets deep enough to fight anything NYS does. You want to hurt NYS... but still live here... take your middle class dollars and shop elsewhere... go to the next state over and buy your clothes... barter for everything you can. Trade services whenever and if at all possible. Cut sales tax money from the state as much as you can... and while you do that, plan your exit strategy for when you can leave. NYS is a sinking shithole that will only be left with leaches and the rich, and when the cash cow has left for greener pastures, those 2 groups will eat each other. Not saying you guys aren't correct... but you live here and already know the score.

[2edgesword]

The law does have some teeth.

A criminal complaint needs to be filed with the Suffolk County or NY State Attorney General's Public Integrity Bureau to start an investigation.

 

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.”

 

In order for this person to have standing would it have to be someone currently undergoing the process and is passed the six months since they turned in the "questionnaire"?

[Incognito]

There is a two year statute of limitations from the 6 month violation.

But the DA's office needs time to investigate and decide if it will pursue the issue.

 

Issuing a license after the violation does not cure the violation. But who wants to risk retaliation for filing a complaint?

 

https://codes.findla...sect-30-10.html

 

 

Except as otherwise provided in subdivision three:

(a) A prosecution for a class A felony, or rape in the first degree as defined in section 130.35 of the penal law , or a crime defined or formerly defined in section 130.50 of the penal law , or aggravated sexual abuse in the first degree as defined in section 130.70 of the penal law , or course of sexual conduct against a child in the first degree as defined in section 130.75 of the penal law may be commenced at any time;

(  A prosecution for any other felony must be commenced within five years after the commission thereof;

© A prosecution for a misdemeanor must be commenced within two years after the commission thereof;

(d) A prosecution for a petty offense must be commenced within one year after the commission thereof.

Edited by Incognito, August 12 2018 - 07:50 PM.

[Incognito]

In order for this person to have standing would it have to be someone currently undergoing the process and is passed the six months since they turned in the "questionnaire"?

 

I'm not sure how, but the change in commissioner must add complications to the prosecution.

Someone who passed the 6 month period before 12/31/2017 falls under Sini's tenure.

 

I don't know what actors in the process need to be concerned about prosecution other than the Commissioner. Probably some.

[2edgesword]

I'm not sure how, but the change in commissioner must add complications to the prosecution.
Someone who passed the 6 month period before 12/31/2017 falls under Sini's tenure.
 
I don't know what actors in the process need to be concerned about prosecution other than the Commissioner. Probably some.

I appreciate the thorough answers you've provided throughout this thread. In my mind the failure of SCPD to uphold the spirit and letter of the law is glaring. There is no question what the intent of this section of the penal law is and their opening willingness to violate the law is just another example of the two tier justice system in this country.

[mason852]

ROFLMAO! I can't believe this is still in the most recent posts category!?!? This is NY and everybody just needs to wrap their minds around that... you are a subject in the Kings realm. No amount of letter writing or protesting is going to change how anything is done in this state. Move... that is how you hurt NYS... take your tax dollars to a free state. No one has pockets deep enough to fight anything NYS does. You want to hurt NYS... but still live here... take your middle class dollars and shop elsewhere... go to the next state over and buy your clothes... barter for everything you can. Trade services whenever and if at all possible. Cut sales tax money from the state as much as you can... and while you do that, plan your exit strategy for when you can leave. NYS is a sinking shithole that will only be left with leaches and the rich, and when the cash cow has left for greener pastures, those 2 groups will eat each other. Not saying you guys aren't correct... but you live here and already know the score.

 

Yes N.Y. but this crap does not happen in Delaware County where my cousins ROFLMAO when I tell them about SCPD's shenanigans regarding our pistolas

[SpankyTheDolphin]

Yes N.Y. but this crap does not happen in Delaware County where my cousins ROFLMAO when I tell them about SCPD's shenanigans regarding our pistolas

 

All my out of state friends laugh at our process. Last time I visited my friend in VA he bought a handgun in 10 minutes, made me feel so restricted to be in NY.

[NRATC53]

All my out of state friends laugh at our process. Last time I visited my friend in VA he bought a handgun in 10 minutes, made me feel so restricted to be in NY.

My FL license was applied for on 01/02/17 and approved on 01/03/17. No purchase docs, no nothing. See a gun you want? Buy it

[boosti]

My FL license was applied for on 01/02/17 and approved on 01/03/17. No purchase docs, no nothing. See a gun you want? Buy it

How about the waiting period after you buy it in Florida.

[Ballistic]

double post

[Ballistic]

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

 

 

Pfft, I'm sure you know as well as I that retiring officers get their license same day.  I've seen it happen twice in that last year. Must be nice....

[citypaul1]

How about the waiting period after you buy it in Florida.

If you have a cc license, there is none. Fill out 4473 , Background check and you walk out with it. Without one I think it’s 3 days.

Edited by citypaul1, August 14 2018 - 12:49 PM.

[NRATC53]

How about the waiting period after you buy it in Florida.

No waiting period on anything for CCW License holders, no waiting period on long guns for hunting license holders