Lawful concealed carry in Upstate New York

[Ross Boyer]

I recently sent a letter to the local judge asking him to remove the restrictions on my pistol permit. Here in Tompkins County, they type "FOR TARGET AND HUNTING USE ONLY". While I wait, I was wondering if anyone else has encountered this and have you been able to have it changed? I'm a retired Army Major with 32 years, if I can't get an unrestricted permit, who can?

 

[BC1]

Amendment's are commonly approved downstate.

 

[jrs]

The "Catch 22" of the restrictions is that they want you to prove that you are a "responsible gun owner" by having your pistol locked up when not hunting or target shooting. Aren't you more likely to "prove" you are responsible by being able to carry and handle your weapon without shooting yourself or others?

I, along with countless others have been through the same restrictions here in Erie County. Depending on how long you've had your permit, you can state that you are a law abiding citizen, who has for X number of years acted within the restrictions of your permit, which shows that you are a responsible gun owner.

One of my friends added that he travels frequently to auctions and carries large quantities of cash. These have been successful, but the Erie County Permit office typically states that you should have had your restricted permit for a number of years prior to upgrade.

Finally, another active posted in these forums, BC1, has stated on many occasions that restrictions have no basis or are unenforceable under NY State law, but I'm not certain of that. You might want to look him up and send a private message. He seems to have a good amount of legal knowledge or has a good friend who is an attorney.

Hope you're successful in lifting the restrictions.

 

[Firefighterchen]

If someone was attacking me, he would be my target...Does that not fall into the definition of target shooting?

Sent from my HTCONE using USA Carry mobile app

 

[CharlesMorrison]

If it was me... I'd keep some small pistol targets and a pair of earmuffs visible on my back seat.
That way you can be in the process of "heading to the range" if you get stopped..

But truth be told, I'd carry my gun in any state I have business to be in and **** the police.

I am one step shy of the Dark Side as it is...


Sent from behind Enemy Lines.

 

[Firefighterchen]

I don't see what being an Army Major for 32 years has anything to do with getting an unrestricted permit either...Does a U.S. citizen of 21 or 65 years get special treatment?

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[JohnD13]

In Rensselaer County these days you have to have your permit for a year and then take an advanced safety course. Generally you have no problem with the deal. In Fulton county, my son wrote a letter to the judge saying that he wanted his license unrestricted for "all lawful and legal purposes." The judge signed off on it, end of story.

 

[wolf_fire]

In Rensselaer County these days you have to have your permit for a year and then take an advanced safety course. Generally you have no problem with the deal. In Fulton county, my son wrote a letter to the judge saying that he wanted his license unrestricted for "all lawful and legal purposes." The judge signed off on it, end of story.

My question is WHO gave the judge the legal authority to deem who is and isn't allowed their rights as stated in the Bill of Rights?

When you folk in NY and many many many other areas figure out WHO is giving government officials authority over you, then the people need to kick them out.

I know easier said than done... but for the love of all that is holy... if you had to wait out a judge's decision on whether or not you could worship in the church/temple/mosque of your choice wouldn't people be in an uproar? Why are they not in an uproar about this?

 

[mojoman]

Good luck down a long road living in that State.

 

[Vegaman]

Unfortunately the US Court of Appeals 2nd Circuit upheld the legality of these restrictions in 2012:
Kachalsky v. Cacace :: Second Circuit :: US Courts of Appeals Cases :: US Federal Case Law :: US Case Law :: US Law :: Justia
I don't think the appeal went any further, but I maybe wrong (its happened plenty of times, hey at least I can admit it). if anyone would know it would be BC1. As far as when these restrictions are implemented and how they are removed, well I have yet to figure that out myself. I am sure there is some rhyme and reason to the decisions made by the county judges, but I have yet to actually figure out what they are... just in this limited sample you can see some counties remove them fairly easily, some counties don't place them at all, some phrase them differently which allows more freedom, etc. etc. So the best advice I can give you is no advice at all, I just wish you good luck.

 

[BC1]

My question is WHO gave the judge the legal authority to deem who is and isn't allowed their rights as stated in the Bill of Rights?

When you folk in NY and many many many other areas figure out WHO is giving government officials authority over you, then the people need to kick them out.

I know easier said than done... but for the love of all that is holy... if you had to wait out a judge's decision on whether or not you could worship in the church/temple/mosque of your choice wouldn't people be in an uproar? Why are they not in an uproar about this?

It was a federal court judge who cited both Heller and McDonald ruling the second amendment is subject to regulation as long as it doesn't constitute a complete ban on ownership. There are conflicting fed court decisions on this issue.

 

[CharlesMorrison]

It was a federal court judge who cited both Heller and McDonald ruling the second amendment is subject to regulation as long as it doesn't constitute a complete ban on ownership. There are conflicting fed court decisions on this issue.

And the above is completely corrupt and wrong!
No court on Earth has my authority to limit or deny rights.

Sent from behind Enemy Lines.

 

[nybuckboy]

If you are good enough to pass the background check then you should be good enough to carry w/o any restrictions, period! Either you are or you're not. None of this half way crap!

 

[BC1]

And the above is completely corrupt and wrong!
No court on Earth has my authority to limit or deny rights.

Sent from behind Enemy Lines.

I agree. And even that bunch have become political shills.

 

[apvbguy]

isn't ny great?:fie:

 

[BC1]

isn't ny great?:fie:

But you can't argue with the beauty and tranquility of the upstate mountain areas or the business $$ opportunities.
.
Wasn't a NYS court decision. It was a federal court that granted a summary judgment dismissing a civil action by several individuals against Westchester (and only Westchester) county for refusing universal unrestricted carry. The Fed court cited Heller and McDonald in it's decision. The worst part is that the ruling disadvantages Westchester residents on their home turf while the rest of us are still free to carry when we're in that county. The kicker is that California's federal court recently ruled the opposite. We can't have individual fed courts contradicting each other so this thing needs to get to the scotus.
.
On a better note, the NYS Police Guide to the Safe Act has been released and instructs state police not to enforce the seven-round limit imposed by the safe act in light of the recent western district decision declaring it unconstitutional. LEO are not to check the number of rounds in any legally carried handgun unless evidence of a crime and even then are not to make arrests for fully loaded mags if that's the only issue.

 

[apvbguy]

But you can't argue with the beauty and tranquility of the upstate mountain areas or the business $$ opportunities.
.

beauty yes, business, no way. high taxes corrupt government, libturds making the rules. I return to visit family and not much more, there are much better more welcoming places than NY to bring me and my money to

 

[BC1]

beauty yes, business, no way. high taxes corrupt government, libturds making the rules. I return to visit family and not much more, there are much better more welcoming places than NY to bring me and my money to

As much as I hate NYC the money to be made was tremendous. It was worth it to retire at 43. But now I don't go back there unless I need a hospital. Looking at 42 acres in N.C. Slowly I'll slip out the back door. Let em tax someone else.

 

[Kennydale]

From a former Brooklynite elections matter

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[Dbrown1810]

I live in Orange County New York. I’m in the process of trying to get my full carry permit. I need to figure out how to construct my letter to the judge. From what I hear the judge is a very gun friendly guy, so it could go ok. Any advice on a letter?