Nassau breaking state law

F

Full metal Jacket

New member
The current wait time for a restricted ccw in Nassau county is in excess of a year. I find this unacceptable!!
 
I'm sure if you tell them how upset you are, they'll be glad to speed up the process for you...the laws may suck, but you gotta do what you gotta do where you live.
 
jg1967 said:
What is their reasoning for why it takes so long?
Click to expand...
They don't care or give a reason. State law is approve or deny in 6 months. NY is a may issue state, so everyone's to scared to make a stink outa fear of denial! Ny=anti 2A
Btw we still have the assault weapons ban here too... I need to relocate badly
 
Hire a self-defense lawyer. They will fix the issue or get you a simple answer.
 
Call your County Legislator and politely let them know of your issue. They might be able to get moving on it or help you get a reason as to why.
 
I don't know about Nassau County, but I do know that in Oneida County the budget is tight and they can't afford to hire another clerk in the pistol office to handle the workload. Friend works there and estimates it will be about 10 months to get things done.
 
The state and counties generally take the position that the 6-month rule doesn't start until the application is presented to the issuing officer (a county judge or supreme court judge in most counties.)

Thus, they claim that the investigatory process is not covered by the 6-month rule. However, if the investigatory process is done by the same agency that makes the ultimate decision, then i think you might have a case for challenging a failure to issue within 6 months of the application.

The problem is that such a case would require commencement of an Article 78 proceeding against the issuing officer, and that would be not only expensive but time consuming.

Is your county's pistol permit office under the jurisdiction of the county clerk? If so, that's the person to address your complaints to.
 
It's certainly not right for them to take this long. My wife filed her app on June 2, 2000 and had the unrestricted CCW in the first week of August 2000. I think it was something like 72 days. Since then the waits are geting longer.
 
nogods said:
The state and counties generally take the position that the 6-month rule doesn't start until the application is presented to the issuing officer (a county judge or supreme court judge in most counties.)
Click to expand...

That may be what the counties claim, but I think that could be argued by the portion of the penal code below that I have underlined. My interpretation of it is when it is presented to the pistol permit office it is accepted for processing by the licensing officer even though you may not be handing it to the judge directly.

NYS Penal Code 400.00

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.

nogods said:
The problem is that such a case would require commencement of an Article 78 proceeding against the issuing officer, and that would be not only expensive but time consuming.
Click to expand...

Very true and probably not too many people have the time and resources to persue this.
 
In Nassau County, licenses are processed by the County PD and they are issued by them as well, so that's off the table. Nassau does have some trememendous budget cuts and the investigatory staff probably works on files/cases for other divisions of the PD, not just pistols. Moreover, like Suffolk, they have seen a dramatic increase in the last four years of people applying. In the next county, the wait is seven months.

Regardless, it's still taking too long, so you still might want to check in our County Legislator after you call the PD and ask what the hold up is.
 
Budget cuts in Albany effected every county when it comes to a pistol license applicant. The positive with Nassau is you may buy a purchase document and it's good for one year.
 
Full metal Jacket said:
They don't care or give a reason. State law is approve or deny in 6 months. NY is a may issue state, so everyone's to scared to make a stink outa fear of denial! Ny=anti 2A
Btw we still have the assault weapons ban here too... I need to relocate badly
Click to expand...

Loved growing up there but glad I left more then 25 yrs ago. you have to wait a long 2-4 weeks here to get your ccp plus you can buy/own just about whatever you can want/afford. Might be too much shock for your system to handle. I do miss the beaches though.
 
Nassau makes millions from charging $200 every 5 years for renewals. There's no excuses acceptable. The pistol investigators only work the pistol section. There's only 2 windows where you can handle pistol business for 30+k license holders. Today my friend was there for a 3 hour wait to add a pistol to a license. It took 50 minutes for the incompetent fool to print it on the card. living in this sinkhole sucks. There's better beaches else where and I'm searching in the coming years.
 
Wow. Just wow. I can't believe a 3hour wait. Well, if you want even better beaches, still want to the high quality of life you just can't get in North Carolina, but want better gun procedures than Nassau, move east to Suffolk--eastern Suffolk. You don't need to even go to the ritzy "Hamptons." Get down and dirty in Riverhead.
 
www315 said:
That may be what the counties claim, but I think that could be argued by the portion of the penal code below that I have underlined. My interpretation of it is when it is presented to the pistol permit office it is accepted for processing by the licensing officer even though you may not be handing it to the judge directly.

NYS Penal Code 400.00

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.
Click to expand...

I agree. All we need is a test applicant willing to pay to force the issue.
 
You must log in or register to reply here.

New Threads

Members online

No members online now.
Total: 53 (members: 0, guests: 53)

Latest posts

Forum statistics

Threads
49,523
Messages
610,662
Members
74,992
Latest member
RedDotArmsTraining

Share this page

Back
Top