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129 Posts
Sadly, yes. I won’t give in to their nonsense delay tactics.
Any carry permits issued yet?
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2,714 Posts
So are you suing or carrying regardless?
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129 Posts
To clarify that’s just for the pistol permit alone not carry.
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2,714 Posts
Gotcha. I figure it'll take them a little while to get the wait for the carry endorsement up to a year, haha.
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8,455 Posts
I total misunderstood your comment. That said the ability to drag out the process is also going to be challenged and I think challenged in short order. A process that requires a year or more to exercise a fundamental Constitutional right isn't going to survive post Bruen. The default position is you have the right to keep and bear arms. I don't see the courts uphold a process that delays that right for a year remaining in place. Even the NY penal law says 6 months.
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8,455 Posts
I totally misunderstood your comment. That said the delay tactics that deny a fundamental right for over a year is not going to stand post Bruen. Even NY penal law says 6 months. The default position is you have the right to bear arms. This is a critical safety issue and delay by the government won't stand higher scrutiny. As other have the training requirement itself is on shaky ground post Bruen.
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32 Posts
I really hope you are right, it's sad they do pretty much whatever they want and we have to follow the Law to the T..
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12,519 Posts
It’s true The Bruen decision carved out many unconstitutional rules still in place, From people with a Full Carry pistol license needing an endorsement to carry in NYC to Good Moral Character.
Many challenges are happening, we are seeing liberal judges rule against Bruen. We have a long road ahead as cases will be kicked back to lower courts. I do expect the CCIA to fail. The Safe Act should be first to fall.
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7,425 Posts
Folks:
A friend of mine, who took the 18 hour course, in the early part of last October, then submitted his certificate, in that same month, just called me, to tell me that SCPD phoned him, told him to pick up his new license. Then, when he arrived at SCPD, handed him a new license, without restrictions on it. They also handed him a sheet of paper, with a list of locations, where he could not legally carry and that list was, he says, essentially, the sensitive and restricted places list, as laid out in the CCIA. When he gets a copy of that list to me, I will post it, here.
Gary
A friend of mine, who took the 18 hour course, in the early part of last October, then submitted his certificate, in that same month, just called me, to tell me that SCPD phoned him, told him to pick up his new license. Then, when he arrived at SCPD, handed him a new license, without restrictions on it. They also handed him a sheet of paper, with a list of locations, where he could not legally carry and that list was, he says, essentially, the sensitive and restricted places list, as laid out in the CCIA. When he gets a copy of that list to me, I will post it, here.
Gary
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1,747 Posts
Has anyone with a CC permit out on the island also filed for one with NYPD? It’s interesting that it’s a state permit but it’s not valid inside the 5 boroughs.
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After the Bruen decision, a Full Carry was supposedly good to go as per one of the County Clerks who was on the news. You would need an endorsement from NYPD. You will need to complete the 18 hour training before you obtain the NYC license as per CCIA.
First, there is no way that restriction will hold up under Bruen should an arrest is made. With that said, I am looking to make an NYPD upgrade if there is one to be had. Not sure what the pathway is, good question.
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That’s what I thought yet the front of the Nassau permit says New York State and the back says Not Valid in NYC. Not to mention the NCPLB Handbook makes mention of carrying in NYC with a link to bring you to a NYC website yet the link is broken. Even when you try to copy the whole thing and paste it, it doesn’t work. There is a typo where they added a space somewhere in the link fyi
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2,714 Posts
Such an arrest would certainly hold-up because Bruen does not challenge NY's licensing scheme, only the subjective criteria that their issuance (or lack thereof) was based upon.
A person with a non-NYC issued NYS license would need to apply for a carry license with NYPD called a "Special Carry."
The letter of the NYPD regulations and code adopted by the NYC council would seem to suggest that a person would need either a residence or business within the five boroughs in order to be eligible, as has been stated on this forum several times.
It would be good to know if we knew of a specific person who can state first-hand in this forum that they have done so. Someone who actually speaks first-hand with an NYPD official that says you would be eligible without having an NYC presence would also be good. But good luck getting someone on the phone.
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7,425 Posts
I have to disagree, on this one. The Bruen decision incorporated the Equal Protection Clause of the 14th Amendment, within that decision. That means that your license is good to go, everywhere, regardless of what a state statute may say, since the 14th overrules contradictory state law.
The Equal Protection clause of the 14th reads:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
I’ve highlighted the two portions of that Section of the 14th Amendment which I believe to be the crux of much of the Bruen decision.
Gary
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2,714 Posts
Oh absolutely. I do not disagree with any of that analysis of Bruen. As I've said before, I also share your conclusion that it will someday (my words) serve as an essential basis for a constitutional carry because of the reasons you've highlighted.
However, I think that is going to be in a separate case that challenges the licensing regime as a whole. I think it will happen most likely when "we" win in more favorable circuit courts and lose in less favorable ones like this one that will rule that a (now) shall issue regime violates the 2A. I fear the good citizen arrested in JAM's hypothetical might already be out of parole by then.
I got my full carry 3/13/23, submitted certificate 11/23/22.
I glanced at the sensitive area list they gave, I didn't see anything about restrictions on private property / land unless their is a sign allowing firearms. Did that get cut out of the unconstitutional nonsense ny is trying?
I glanced at the sensitive area list they gave, I didn't see anything about restrictions on private property / land unless their is a sign allowing firearms. Did that get cut out of the unconstitutional nonsense ny is trying?
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