RE: McD. v Chicago Ruling

RE: McD. v Chicago Ruling

Are you people in NYS going to sheepishly tolerate the 6 month wait and all the other bulls*** to get this " pistol permit " ?

northstar65 said:

Are you people in NYS going to sheepishly tolerate the 6 month wait and all the other bulls*** to get this " pistol permit " ?

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This ruling is not going to really affect NYS or NYC gun laws because they already issue premise & target permits. NYC now only takes 2 months, but still is very expensive $435

It took 3 months to get my permit and unless I mess up - it's a lifetime permit. NYC aside, the law covering pistol permits in NYS is a "shall issue" law. While it may take a few months, unless they have a reason to deny - you'll get it. I already have an unrestricted permit so it won't affect me but it would be nice if the local judges loosened up a bit on the restrictions applied. If the current decision can help change some of the stupid laws regarding magazine limits, ammo types, or "assault" weapon definitions, I'll be happy.

right denied

rick900 said:

This ruling is not going to really affect NYS or NYC gun laws because they already issue premise & target permits. NYC now only takes 2 months, but still is very expensive $435

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A two month wait and a fee required to exercise a fundamental right! You should sue.

Illinois is in the same position but our rights tax is only $1/yr and the wait is only three days for the handgun. The "Owner permit" is good for ten years, But I still will join any effort to get it removed completely.

lockman said:

A two month wait and a fee required to exercise a fundamental right! You should sue.

Illinois is in the same position but our rights tax is only $1/yr and the wait is only three days for the handgun. The "Owner permit" is good for ten years, But I still will join any effort to get it removed completely.

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You must remember that NYS is cash starved and can't balance it's budget. EVERYTHING here is expensive and over taxed. They just raised the taxes on cigarettes to almost $5/pack - that's not the price - that's the state TAX. Unless it's restricted, the NYS permit is a concealed carry permit - not just a owner's permit - and valid to carry anywhere outside of NYC including your car except for designated off limits areas like schools etc.

rick900 said:

This ruling is not going to really affect NYS or NYC gun laws because they already issue premise & target permits. NYC now only takes 2 months, but still is very expensive $435

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Discretionary permits are unconstitutional. Unless someone is a felon or mentally insane, they have a right to keep and bear arms. Burdensome taxes (that permit alone costs more than several of my handguns cost) and waits are unconstitutional for the same reason poll taxes are. NY is just a lawsuit or two away from becoming at min. "shall issue" and done in a speedy manner. Of course the court case will take a while to work its way through the courts.

Cracks are Beginning to Form

Stolen from Ed Peruta's posting on the California page:

Who said that the McDonald Decision would not have any effect.

The Maloney decision was vacated and remanded because of McDonald.

Supreme Court of the United States
MALONEY, JAMES M. V. RICE, KATHLEEN A.
No. 08-1592.

June 29, 2010.

*1 The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of McDonald v. Chicago, 561 U.S. ___ (2010). Justice Sotomayor took no part in the consideration or decision of this petition.

U.S.,2010.
Maloney v. Rice


In case you forgot, Maloney v. Rice was the nunchuck case where the 2nd Circuit Court of Appeals said the 2nd Amendment didn't apply to the states. Now the states are going to have to view "arms" as just more than firearms.

Statkowski said:

Stolen from Ed Peruta's posting on the California page:

Who said that the McDonald Decision would not have any effect.

The Maloney decision was vacated and remanded because of McDonald.

Supreme Court of the United States
MALONEY, JAMES M. V. RICE, KATHLEEN A.
No. 08-1592.

June 29, 2010.

*1 The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of McDonald v. Chicago, 561 U.S. ___ (2010). Justice Sotomayor took no part in the consideration or decision of this petition.

U.S.,2010.
Maloney v. Rice


In case you forgot, Maloney v. Rice was the nunchuck case where the 2nd Circuit Court of Appeals said the 2nd Amendment didn't apply to the states. Now the states are going to have to view "arms" as just more than firearms.

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So pistols and nunchucks for NYC homes! I had heard rumors the Sullivan Law would be challenged right after McDonald, but it seems the powers that be have decided to build up a more solid caselaw before tackling that.

rick900 said:

This ruling is not going to really affect NYS or NYC gun laws because they already issue premise & target permits. NYC now only takes 2 months, but still is very expensive $435

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The sheer cost has to be something which can be kncoked down easily. The licensing fee is more than many handguns.

press1280 said:

The sheer cost has to be something which can be kncoked down easily. The licensing fee is more than many handguns.

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I agree with you guys 1000%, and to top it off, the permit is only valid for 3 years and the permit holder is NOT allowed to take their firearms out of NYC for any reason without explicit permission from the NYPD(good luck on that one)

So you have a right to a gun, you have a right to travel, but you have no right to do both?
You can have a gun, you can carry a gun, but you can't go anywhere with a gun.

Is the permit for any gun? From what I read you need to get permission just to buy one
specific gun down to the serial number.

I am not going to miss the loss of those states at all after the revolution.

rick900 said:

I agree with you guys 1000%, and to top it off, the permit is only valid for 3 years and the permit holder is NOT allowed to take their firearms out of NYC for any reason without explicit permission from the NYPD(good luck on that one)

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Really? If a person can own a gun in NYC, but can't even take it hunting outside the city, I'm suprised someone hasn't challenged yet. Maybe Gura and Co. are going to go after many of NY's laws all in one shot as opposed to specific laws one at a time.

Well to be fair NYC does have every type of animal you would care to shoot inside the city limits.

Beach vs. Kelly, NYC

press1280 said:

Really? If a person can own a gun in NYC, but can't even take it hunting outside the city, I'm suprised someone hasn't challenged yet. Maybe Gura and Co. are going to go after many of NY's laws all in one shot as opposed to specific laws one at a time.

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Yep, the case was challenged,
http://www.thehighroad.org/showthread.php?t=511067

"Court upholds police commissioner's revocation of New York man's pistol license based on his transport of the handgun to Nevada for a gun convention, when the license only allowed the transport of the gun to authorized hunting areas, and to small arms ranges or shooting clubs. The court rejected the gun owner's argument that his actions were authorized by the Firearms Owners' Protection Act (FOPA), 18 U.S.C. Sec. 926A, allowing the transporting of guns for any lawful purpose between two locations where the gun could lawfully be possessed and carried. The FOPA did not apply because the license did not authorize the lawfully carrying of the gun on the trip to another state. Beach v. Kelly, No. 4012, 113372/06, 2008 N.Y. App. Div. Lexis 5675 (A.D. 1st Dept.)."

Beach took his firearm to a gun convention in Nevada where he was legally allowed to carry, NYPD found out and revoked his license and confiscated his guns. Now, many new yorkers learned about obtaining a "Hunting Authorization Card" a/k/a the "green card", which amends the premise holder's permit and allows him to take his firearm within the entire state of NY. The NYPD found out about this loophole and will only issue the "green card" if you can produce a current and valid NY State Hunting License. Welcome to the Rotten Apple!!

SlackwareRobert said:

Is the permit for any gun? From what I read you need to get permission just to buy one
specific gun down to the serial number.

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Yes you need permission to purchase a handgun. After you receive your permit, you have 30 days to purchase a handgun and 3 days to return it for inspection. Then you will have to wait 3 months before you can request a "purchase authorization" card, then the NYPD will take about 3 months before sending you a letter approving the additional purchase. Also, you have to give them the make, model and caliber of the gun you wish to buy. If you are lucky, it will take about 6 months in between purchases. Welcome to New York City!!!

Now I am really confused, a LAC cannot get permission to remove their gun from NYC for lawful purposes,
but they give Plaxico one to take a gun used in a crime out of the city. I would remember if he was charged
with taking a gun outside the city without written permission, you don't forget stupid charges like that.
Next time he should fly, that way the pilot took the gun out of the city, I doubt NYC allows the passenger to carry the gun at JFK airport. Then you only traveled in the city as allowed, and in AZ as allowed, the crime was
by another person who you couldn't stop since he was behind a locked door designed to stop you from
getting through to him.

But is the carry permit for any gun, or just as bad as the purchase permit is?

Wonder how Mayor bloomberg would react to a peaceful OC march in front of the new ground zero mosque,
followed by a train ride out of the city? At least 85% of the hail of bullets aimed at LAC would end up
in the mosque walls. Which way will the entrance face? Could leave a lot of embarrassing wounds if it was
prayer time and the doors are on west side.
NYC really needs to start a OC church of allah, or some such so they won't be able to oppress so easily.
I guess you would pray facing China, as they invented gunpowder. The trilogy can be...
Lead, Powder, and Primers make ghosts.

I am such a bad boy, I couldn't make it 1 week in those crazy states before I became another LAC swiss cheesed
news story in the NY POST.

"When Marriage is a Crime, only Outlaws will have Inlaws."