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Discussion Starter · #1 ·
Per response email below the official position on steps needed to upgrade per the new law are right out of Colonel Klink’s handbook. “They know nothink” ……..Good morning, thank you for your inquiry. Please be advised this is under review by the department, and we are awaiting further direction from the state. At this time, we do not have an official timeline to offer an expected date for the review to be completed. (Translated…sit and spin for another 3 years)
 

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Per response email below the official position on steps needed to upgrade per the new law are right out of Colonel Klink’s handbook. “They know nothink” ……..Good morning, thank you for your inquiry. Please be advised this is under review by the department, and we are awaiting further direction from the state. At this time, we do not have an official timeline to offer an expected date for the review to be completed. (Translated…sit and spin for another 3 years)
Unfortunately whatever they tell you today is highly subject to change. I don't think Nassau or Suffolk are in a hurry to publish a new handbook for that reason.
 

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Any chance we can use an Article 78 proceeding to force their hand? They are empowered under the law to issue licenses, they can't just say they will get to it when they get to it.

The Four Questions that can be Raised in an Article 78 Proceeding
An article 78 proceeding describes when an individual (the petitioner) asks a state court to review a decision or action of a New York State body or officer. According to section 7803 of the New York Civil Practice Law and Rules, the only questions that may be raised in a proceeding under this article are:
  1. whether the body or officer failed to perform a duty enjoined upon it by law; or
  2. whether the body or officer proceeded, is proceeding or is about to proceed without or in excess of jurisdiction; or
  3. whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed; or
  4. whether a determination made as a result of a hearing held, and at which evidence was taken, pursuant to direction by law is, on the entire record, supported by substantial evidence.


 

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Any chance we can use an Article 78 proceeding to force their hand? They are empowered under the law to issue licenses, they can't just say they will get to it when they get to it.

The Four Questions that can be Raised in an Article 78 Proceeding
An article 78 proceeding describes when an individual (the petitioner) asks a state court to review a decision or action of a New York State body or officer. According to section 7803 of the New York Civil Practice Law and Rules, the only questions that may be raised in a proceeding under this article are:
  1. whether the body or officer failed to perform a duty enjoined upon it by law; or
  2. whether the body or officer proceeded, is proceeding or is about to proceed without or in excess of jurisdiction; or
  3. whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed; or
  4. whether a determination made as a result of a hearing held, and at which evidence was taken, pursuant to direction by law is, on the entire record, supported by substantial evidence.


I'm not sure. I know an article 78 can be used to challenge a determination made by a licensing authority but I'm not sure if a delay in creating a process for implementing new standards would be grounds for a 78 proceeding.
 

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It's clearly the licensing divisions choice to take their time and not allow "presentment". I just noticed they changed the law too, that the 6 months won't apply after 4/1/23.

* 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.

* NB Effective until April 1, 2023
 

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Imagine being told you were let out of prison only to find that you're in a much larger prison when you walk out of the gates. That's how it's been since the Bruen decision all because Kavanaugh allowed his words about permitting schemes to be allowed. I hope he understands the damage he's done.
 

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Discussion Starter · #8 ·
Kavanaugh was cowed by the abuse he and his family endured at his confirmation hearing as Grassly and the rest of the Tepublicsns stood mute and dumbfounded. That has effected his rulings and he seems to be going out if his way to appease the leftists. The more you appease them the more they will hate you. He doesn’t seem to get it.
 

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Imagine being told you were let out of prison only to find that you're in a much larger prison when you walk out of the gates. That's how it's been since the Bruen decision all because Kavanaugh allowed his words about permitting schemes to be allowed. I hope he understands the damage he's done.
He and his families lives are being destroyed, he should have just wrote it legit to his beliefs of the 2a instead he thought he was going to be able to show face. Back fired on him!
 
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