[Blue collar Mike]

I'm sure everyone here is already aware of this but SCPD only has 6 months to issue or deny a permit by law (NYS penal code 400) the only way we can do anything to make them adhere to the law however is to collect a mass of names of applicants and bring charges them up on charges for a civil rights violation that being said it will take a lot of names and a fee for an attorney it is doable

 

[2edgesword]

I'm sure everyone here is already aware of this but SCPD only has 6 months to issue or deny a permit by law (NYS penal code 400) the only way we can do anything to make them adhere to the law however is to collect a mass of names of applicants and bring charges them up on charges for a civil rights violation that being said it will take a lot of names and a fee for an attorney it is doable

You may be aware of this but the pistol license application isn't technically submitted until your Suffolk County Questionnaire is submitted and reviewed so you don't technically submit the state application until you have the interview. That is when the six months starts. All the time between submitting the questionnaire and the interview doesn't count.

 

[grifhunter]

You may be aware of this but the pistol license application isn't technically submitted until your Suffolk County Questionnaire is submitted and reviewed so you don't technically submit the state application until you have the interview. That is when the six months starts. All the time between submitting the questionnaire and the interview doesn't count.

Says who? The licensing people? The NY Court of Appeals of NY? 2nd Circuit?

Courts apply the "ordinary meaning" when performing statutory interpretation. "Application" begins the moment you ask for a license, be it a Questionnaire, interview, or whatever. Applicants need only get a lawyer involved to get their license in under 6 months.

 

[2edgesword]

Says who? The licensing people? The NY Court of Appeals of NY? 2nd Circuit?

Courts apply the "ordinary meaning" when performing statutory interpretation. "Application" begins the moment you ask for a license, be it a Questionnaire, interview, or whatever. Applicants need only get a lawyer involved to get their license in under 6 months.

Unfortunately PL400 says a license isn't issued until "all statements in a PROPER APPLICATION for a license are true." That proper application isn't completed until your interview.

 

[Blue collar Mike]

Everyone should read PL400 4A for themselves and check change.org

 

[grifhunter]

Unfortunately PL400 says a license isn't issued until "all statements in a PROPER APPLICATION for a license are true." That proper application isn't completed until your interview.

If the application is filed with true statements, its is a filed application and meets that PL 400 section. Period. Its like saying unilaterally you don't have to pay your taxes until you talk to your accoutant and you schedule your accountant nine months after April 15. It doesn't work that way; its up to the police to do their investigation timely. And an "interview" procedure is not even in the Penal Law. It's a police made up rule, not law. If they take too long to investigate, or because they want an interview (again, not in the Penal Law), thats their problem, not the applicant's. To allow the police to claim otherwise effectively makes them legislators who can unilaterally erase this section of a criminal statute (a power they don't have) at the expense of a civil right.
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.

 

[boosti]

If the application is filed with true statements, its is a filed application and meets that PL 400 section. Period. Its like saying unilaterally you don't have to pay your taxes until you talk to your accoutant and you schedule your accountant nine months after April 15. It doesn't work that way; its up to the police to do their investigation timely. And an "interview" procedure is not even in the Penal Law. It's a police made up rule, not law. If they take too long to investigate, or because they want an interview (again, not in the Penal Law), thats their problem, not the applicant's. To allow the police to claim otherwise effectively makes them legislators who can unilaterally erase this section of a criminal statute (a power they don't have) at the expense of a civil right.
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.

You can call the County Executive and let him know that his SCPD is taking about 2 years to approve a restricted pistol license. Nassau County was issuing a pistol license in 3-5 months when they were sued. The petitioner dropped the lawsuit unfortunately. It didn’t last long for Nassau to return to being over a year to process a restricted pistol license.

 

[2edgesword]

If the application is filed with true statements, its is a filed application and meets that PL 400 section. Period. Its like saying unilaterally you don't have to pay your taxes until you talk to your accoutant and you schedule your accountant nine months after April 15. It doesn't work that way; its up to the police to do their investigation timely. And an "interview" procedure is not even in the Penal Law. It's a police made up rule, not law. If they take too long to investigate, or because they want an interview (again, not in the Penal Law), thats their problem, not the applicant's. To allow the police to claim otherwise effectively makes them legislators who can unilaterally erase this section of a criminal statute (a power they don't have) at the expense of a civil right.
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.

The Suffolk County QUESTIONNAIRE is NOT the proper application for a license.

 

[Blue collar Mike]

The Suffolk County QUESTIONNAIRE is NOT the proper application for a license.

Why are you so adament that the only form an applicant is responsible for personally presenting is not sufficient enough to constitute an application.
Bye your logic no one would ever get a permit because nobody ever technically applied

 

[grifhunter]

The Suffolk County QUESTIONNAIRE is NOT the proper application for a license.

From the Suffolk Police Pistol Licensing Bureau list of "forms":

"Applicant Questionaire- Description: Used to make application for a pistol license."

Forms and Reports

 

[2edgesword]

Why are you so adament that the only form an applicant is responsible for personally presenting is not sufficient enough to constitute an application.
Bye your logic no one would ever get a permit because nobody ever technically applied

I'm not adamant about it, Suffolk County is adamant about it. What form did you sign at your interview?

 

[2edgesword]

From the Suffolk Police Pistol Licensing Bureau list of "forms":

"Applicant Questionaire- Description: Used to make application for a pistol license."

Forms and Reports

Yes, filling out the questionnaire is the starting point. I'll ask you the same question, what form did you sign at your interview?

 

[Blue collar Mike]

I'm not adamant about it, Suffolk County is adamant about it. What form did you sign at your interview?

Suffolk County is obligated to its residents, as for what form your asking about I'll let you know when the Bureau stops dragging there feet although it will not change the logic put forth in my previous post, wording the application as a "Questionare" is only a foolish and blatant attempt to circumvent the law that they have to abide by while forcing us to follow the laws that they create. Nassau County had a suit filed against them for the same thing and cut a deal because they knew they would lose

 

[spb1122]

You guys do realize you are all saying the same thing, right? I dare say all of us think the county process is BS and illegal, but that doesn't change the fact about what they actually do, and the reality of what actually happens.

The "questionnaire" is more than attempt, because they do get away with it. It is completely effective at serving their intended delay. Legal or not.

Some of you are stating what SHOULD happen. And you are 100% correct.

Some of you are stating what ACTUALLY DOES happen. And you are also 100% correct.

If you've heard all this before, and I KNOW many if you have, you also know that the only way any if this changes is if a party or parties challenge it in court, and pursue it ALL THE WAY TO THE END. Which has not happened as far as I know.

Of course, in our current times, so many things just don't make sense anymore, especially in states like ours, but that's a tangent I'm not taking here.

Peace my fellow 2A friends. I suggest focusing energies towards those blocking our rights, instead of bickering with each other.

 

[2edgesword]

spb1122 is correct. This isn’t a disagreement. I’ve had my license for 30 years. I know what should be and I know what is as far as NY is concerned. I also have out of state licenses and have spend much time in those other states doing what we are prohibited from doing in NYS. It’s the difference between living in the United States of America and a communist dictatorship. NY is a rogue state. There is no rational or legal basis for what is occurring in NYS with respect to recognizing the 2nd Amendment rights of law abiding citizens. Hopefully SCOTUS can render a decision that will force some much needed change that all of the complaining, letter writing, protesting and law suits couldn’t accomplish up to this point. Individual, for those that can, moving is the only answer.

 

[Blue collar Mike]

I agree 100% percent I'm just thick headed when it comes to my rights (and alot of other things) an I can't stand by and be taken advantage of I will do whatever I can and more for what I believe is right.