Expert: Dean Speir - 2/16/2011

Question
Thank you for taking my email.

Background - I have been a permit holder since 2003. I have Target/Hunting restriction on my permit. No arrests since issuance, not even a littering ticket.

Question - NY/Erie County specifically demands "just cause" for wanting an upgraded permit or unrestricted. I am wondering if starting a DBA 24 hr. "Emergency Enclosure" business, is a way to circumvent the "just cause" clause?  Your thoughts please..

Answer
Please excuse the delay in responding… I never received notification of your pending question.

That said, this is not the "How to scam the Erie County Pistol Licensing Authority" topic, Stephen. It's the Second Amendment section, and since you are already exercising your Second Amendment Rights, what's the problem?

And while you can, of course, always start a "Emergency Enclosure" enterprise, will you be able to show a number of large cash transactions to justify a the need for an unrestricted license? Your Licensing Authority will want to see a letter from your bank to that effect.

That said, if you read §400 of the New York State Penal Law you will not find any mention of a "Target/Hunting" license, only a "P" (for "Premises") or "C" (for "Carry") license specified. You seem to already have a "C" License.

As for "local restrictions," case law ("Hochreich v. Codd" - 68 A.D.2d 424, 426, 417 N.Y.S.2d 498, 499) allows local authorities to impose them, but following the recent "Chwick v. Mulvey" decision which is now the law of the land in New York, "Hochreich v. Codd" might be ripe for review.

And those, sir, are my thoughts.