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2nd Amendment and Right to Bear Arms/NYS pistol carry permit
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Question
I have had a Non Restricted NYS pistol permit since Jan 24, 2000. I moved to Saratoga County in 2006, transferred permit, moved August 2010 to Warren County and transferred permit, judge issued permit with restrictions of hunting and target only. I sent the judge a letter requesting an unrestricted permit and he denied me for the fact that I am not a LEO.I was advised by the original issuing county, Sullivan, that the judge does not have the authorization to remove my restrictions as he is overuling another judge of the same capacity. If that is true, how do I remedy the situation? Any advice would be greatly appreciated. Thank you.
Your mistake was in "transferring" your license. A license is good for life or until revoked, except in NYC and Long Island. All you had to do was notify the New York State Police of your change of address. When you applied for a new license in a new county, you gave the licensing officer the chance to issue you a new license with whatever restrictions he deemed appropriate. If you were indeed issued a new license by the Warren County judge (as "transferred permit" implies) then there is nothing you can do except pursue any administrative appeals and then file suit against the licensing officer, which is unlikely to be successful.
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Yes, you are right on target, but the average citizen doesn't know that you do not have to transfer the permit. Wouldn't that seem to be the appropriate process. So what you are saying is filing an Article 78 is not going to help? I am considering moving back to my previous county or the original issuing county to get it back. There is NO reason to transfer so why would anyone want to do it unless it would benefit tham. It should not even be an option. so pissed off for not looking into this. Thanks for the help. | ||
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Answers by Expert:
Robert P. Firriolo
Expertise
General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.
Experience
Practicing firearms law attorney, including representation of individuals, gun clubs, sportsmen's organizations, shooting ranges, and businesses. Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono counsel on select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.
Education/Credentials
Attorney at law. Extensive practice, independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Chief Range Safety Officer.
Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.
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