NYC Handgun Permit Applications Backed-Up 8 Months

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NYC Handgun Permit Applications Backed-Up 8 Months

#1 Post by IronPatriot » Mon Mar 13, 2017 12:52 pm

Hi,

It's been two months since I've applied for my New York City handgun permit. I haven't yet received a letter from my assigned officer, so I called the licensing division. I was told they're backed up 8 months, so I should call back in June. I'm aware of the division scandal, where employees were illegally selling permits. The license division employee said there was a shakeup - they have new staff - so it sounds as though the scandal set things back.

Has anyone heard of a wait like this? Is it true, by law, they legally have to either approve or deny your application within 8 months?

I understand we have high crime in NYC, therefore we have strict gun laws. I agree with the law, extensive background checks, but this timeline they're now proposing to me seems excessive and a bit unconstitutional. I've never been arrested. I'm a family man with a solid work history. I'm active in my community here in Queens. There should be no reason, after handing in all requested paperwork, taking a legal law class (focusing on penal law 35), paying the exorbitant application fees, that they're not even looking at my application for six months... This is ridiculous.

The times they are 'a changing...

IP

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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#2 Post by DispositionMatrix » Mon Mar 13, 2017 1:13 pm

It is my understanding being wealthy, a gangster, a friend of the police, or a municipal apparatchik makes the red tape disappear.
http://www.thetruthaboutguns.com/2015/0 ... harge-why/
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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#3 Post by DavidMS » Tue Mar 14, 2017 12:12 am

Have you considered contacting the NYS state level gun rights group? They may be able to help. Also, if NYC is that slow in issuing permits, they are inviting a lawsuit.

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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#4 Post by Marlene » Tue Mar 14, 2017 9:35 am

:roflmao:
Chance of being issued a permit in NYC has been near zero for most citizens for a century. If things have been disrupted enough to change that, be grateful to wait for something rather than to wait for nothing.
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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#5 Post by IronPatriot » Thu Mar 16, 2017 10:32 pm

Marlene wrote::roflmao:
Chance of being issued a permit in NYC has been near zero for most citizens for a century. If things have been disrupted enough to change that, be grateful to wait for something rather than to wait for nothing.
No. Frankly, Marlene, that's just bullshit. I've done plenty here to deserve a reply within a reasonable timeframe. They are public servants. Besides, courtesy is courtesy.

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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#6 Post by IronPatriot » Thu Mar 16, 2017 10:34 pm

DavidMS wrote:Have you considered contacting the NYS state level gun rights group? They may be able to help. Also, if NYC is that slow in issuing permits, they are inviting a lawsuit.
From what I read they have 6 months legally to deny or approve.

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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#7 Post by lurker » Fri Mar 17, 2017 1:28 am

an actual intro thread would be nice. it would go in the.. oh, right! here.
sounds to me like you need to bring your concerns to the legal system in new york.
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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#8 Post by willa1975 » Sat Mar 18, 2017 9:14 am

It really does sound unconstitutional.

This is something that a group like the NRA or SAF should get involved with.

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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#9 Post by highdesert » Sat Mar 18, 2017 10:46 am

Since the 2015 San Bernardino terrorist shooting CC applications went way up. I understand it takes about 9 months in So Cal counties (application, training, background check etc). I could take a class for an AZ, UT and FL CC license here in CA and get the license in about 3 months, they are all "shall issue" states but not valid in CA. CA and NY are "may issue" states.
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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#10 Post by sikacz » Sat Mar 18, 2017 11:32 am

lurker wrote:an actual intro thread would be nice. it would go in the.. oh, right! here.
sounds to me like you need to bring your concerns to the legal system in new york.
This. This subject is a fine second post question in another section. But, as said it seems more of a question to the people in New York in charge of permits. Start a real intro thread and tell us about yourself and what brought you here.
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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#11 Post by DispositionMatrix » Sat Mar 18, 2017 12:09 pm

DavidMS wrote:Have you considered contacting the NYS state level gun rights group? They may be able to help. Also, if NYC is that slow in issuing permits, they are inviting a lawsuit.
I'm not aware of the status of the lawsuit the NYSRPA filed in 2013, but my guess is most NYS pro-RKBA groups disregard NYC entirely, considering it a total loss. NYC has its own gun laws, stricter than those of the state. In NYC a license is required simply to _own_ any type of firearm, so a right to keep arms as noted in both the US constitution and Article 2, Section 4 of the New York Civil Rights Law is not recognized. People licensed to carry in NYS cannot legally carry into NYC and non-residents seeking to own and/or carry handguns in NYC require a "special permit" from the NYC police commissioner.
NY Penal Law § 400.00(6):
A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city. Such license to carry or possess shall be valid within the city of New York in the absence of a permit issued by the police commissioner of that city, provided that (a) the firearms covered by such license have been purchased from a licensed dealer within the city of New York and are being transported out of said city forthwith and immediately from said dealer by the licensee in a locked container during a continuous and uninterrupted trip; or provided that (b) the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted; or provided that (c) the firearms covered by such license are carried by armored car security guards transporting money or other valuables, in, to, or from motor vehicles commonly known as armored cars, during the course of their employment; or provided that (d) the licensee is a retired police officer as police officer is defined pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law or a retired federal law enforcement officer, as defined in section 2.15 of the criminal procedure law, who has been issued a license by an authorized licensing officer as defined in subdivision ten of section 265.00 of this chapter; provided, further, however, that if such license was not issued in the city of New York it must be marked "Retired Police Officer" or "Retired Federal Law Enforcement Officer", as the case may be, and, in the case of a retired officer the license shall be deemed to permit only police or federal law enforcement regulations weapons; or provided that (e) the licensee is a peace officer described in subdivision four of section 2.10 of the criminal procedure law and the license, if issued by other than the city of New York, is marked "New York State Tax Department Peace Officer" and in such case the exemption shall apply only to the firearm issued to such licensee by the department of taxation and finance.
Regarding licensing of NYC residents, here is what the wiki states:
Carry permits issued? Yes Yes § 5-01, § 5-03, § 5-04 Permits are usually only issued to retired LEOs, celebrities, and armed guards. State permits (without an NYC endorsement) and out-of-state permits are not valid for concealed carry in NYC. However, individuals with a New York State Permit that does not have an NYC endorsement may transport a firearm through the city en route to and from locations outside of the city. The firearm must be unloaded and the journey through the city must be continuous and uninterrupted.
Residents of NYC who wish to obtain a pistol license must apply through the New York Police Department License Bureau at One Police Plaza in Lower Manhattan.[27] The choice of licenses are: Unrestricted Concealed Carry License, Restricted Business Carry License, and Restricted Premises-only License.[27] NYC Unrestricted Concealed Carry Licenses are valid throughout the rest of the state. Security guards and business people who regularly carry valuables may be issued a Restricted Business Carry License which is valid only while conducting the business specifically as it was described, in great detail, on the application for the license. NYC premises-only licenses are the licenses issued to average citizens who cannot show a need for self-defense greater than any another average citizen.
Other weirdness:
As has been discussed elsewhere, there is no peaceable journey law for the transport of unloaded, locked handguns. So those jammed up have to try fight their way out of jail using FOPA. Translation: FOPA is effectively nullified in NYC. NYC also requires a permit to purchase rifles and shotguns. Registration of all firearms is compulsory, and all NFA items are banned. The military cannot carry in NYC without permission from the mayor.
sbɐɯ ʎʇıɔɐdɐɔ pɹɐpuɐʇs ɟo ןןnɟ ǝɟɐs
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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#12 Post by DispositionMatrix » Sat Mar 18, 2017 4:05 pm

Regarding the previous post, here is a source for § 5-01, § 5-03, § 5-04:
http://www.nyc.gov/html/nypd/downloads/ ... 010_11.pdf
§ 5-01 Types of Handgun Licenses. As used in this chapter, the term "handgun" shall mean a
pistol or revolver. This section contains a description of the various types of handgun licenses
issued by the Police Department. Section 5-09 of this subchapter contains a description of the
procedure for obtaining an exemption from New York State Penal Law Article 265, allowing
pre-license possession of a handgun for the purpose of possessing and using a handgun for
instructional purposes with a certified instructor in small arms at an authorized small arms
range/shooting club.
§ 5-03 Carry and Special Handgun Licenses. In addition to the requirements in § 5-02, an
applicant seeking a carry or special handgun license shall be required to show "proper cause"
pursuant to § 400.00(2)(f) of the New York State Penal Law. "Proper cause" is determined by a
review of all relevant information bearing on the claimed need of the applicant for the license.
The following are examples of factors which shall be considered in such a review
  • (a) Exposure of the applicant by reason of employment or business necessity to
    extraordinary personal danger requiring authorization to carry a handgun.
    • Example: Employment in a position in which the applicant routinely engages in
      transactions involving substantial amounts of cash, jewelry or other
      valuables or negotiable items. In these instances, the applicant shall
      furnish documentary proof that her/his employment actually requires that
      s/he be authorized to carry a handgun, and that s/he routinely engages in
      such transactions.
sbɐɯ ʎʇıɔɐdɐɔ pɹɐpuɐʇs ɟo ןןnɟ ǝɟɐs
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13ʞ
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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#13 Post by DispositionMatrix » Wed May 24, 2017 9:15 am

Any update? About 4 months to go?
sbɐɯ ʎʇıɔɐdɐɔ pɹɐpuɐʇs ɟo ןןnɟ ǝɟɐs
ɯɯ6 bdd ɹǝɥʇןɐʍ
13ʞ
"ǝuıqɹɐɔ 1ɐ4ɯ" dɯɐʇsןןoɹ --- ɯoɔos0269ǝן ʇןoɔ
"ǝuıqɹɐɔ ʇuǝɯǝɔɹoɟuǝ ʍɐן sʇןoɔ" dɯɐʇsןןoɹ --- 0269ǝן ʇןoɔ
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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#14 Post by IronPatriot » Tue May 30, 2017 11:06 pm

DispositionMatrix wrote:Any update? About 4 months to go?
Received my letter last week; interview with the assigned PO later this week. The PO has been quite nice and helpful. Hopefully all goes well.

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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#15 Post by DispositionMatrix » Fri Oct 20, 2017 9:55 am

Did you ever receive your license?
sbɐɯ ʎʇıɔɐdɐɔ pɹɐpuɐʇs ɟo ןןnɟ ǝɟɐs
ɯɯ6 bdd ɹǝɥʇןɐʍ
13ʞ
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"ǝuıqɹɐɔ ʇuǝɯǝɔɹoɟuǝ ʍɐן sʇןoɔ" dɯɐʇsןןoɹ --- 0269ǝן ʇןoɔ
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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#16 Post by CDFingers » Fri Oct 20, 2017 10:41 am

DispositionMatrix wrote:Did you ever receive your license?
I'd like to know that as well.

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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#17 Post by Buck13 » Fri Oct 20, 2017 10:59 am

CDFingers wrote: Archery is a very healthy sport, by the way.
Are there a lot of archery ranges in New York City? :surrender:
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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#18 Post by CDFingers » Fri Oct 20, 2017 11:19 am

Buck13 wrote:
CDFingers wrote: Archery is a very healthy sport, by the way.
Are there a lot of archery ranges in New York City? :surrender:
https://www.google.com/search?client=ub ... 8&oe=utf-8

Oddly, the same number as gun ranges.

https://www.google.com/search?client=ub ... Cbzl7lEfOY

One can play archery in one's apartment, which one cannot do with guns. Sure, the bag is ten feet away, but in archery, form is everything. Form can be mastered from ten feet away or ten meters or one hundred meters. Moreover, the exercise factor is the same.

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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#19 Post by ErikO » Fri Oct 20, 2017 12:39 pm

What was that comment about a right delayed?
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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#20 Post by DispositionMatrix » Wed Jan 30, 2019 1:35 pm

IronPatriot wrote:
Mon Mar 13, 2017 12:52 pm
Hi,

It's been two months since I've applied for my New York City handgun permit. I haven't yet received a letter from my assigned officer, so I called the licensing division. I was told they're backed up 8 months, so I should call back in June. I'm aware of the division scandal, where employees were illegally selling permits. The license division employee said there was a shakeup - they have new staff - so it sounds as though the scandal set things back.

Has anyone heard of a wait like this? Is it true, by law, they legally have to either approve or deny your application within 8 months?

I understand we have high crime in NYC, therefore we have strict gun laws. I agree with the law, extensive background checks, but this timeline they're now proposing to me seems excessive and a bit unconstitutional. I've never been arrested. I'm a family man with a solid work history. I'm active in my community here in Queens. There should be no reason, after handing in all requested paperwork, taking a legal law class (focusing on penal law 35), paying the exorbitant application fees, that they're not even looking at my application for six months... This is ridiculous.

The times they are 'a changing...

IP
I was reminded of this by the New York State Rifle & Pistol Association Inc. v. City of New York, New York thread. Did you ever get your license?

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Re: NYC Handgun Permit Applications Backed-Up 8 Months

#21 Post by lurker » Wed Jan 30, 2019 3:13 pm

DispositionMatrix wrote:
Wed Jan 30, 2019 1:35 pm
Did you ever get your license?
last visited may 31 2017
:wacko:

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