NY homeowner jailed for illegal handgun after shooting 2 home invaders

[nycnoob]

https://www.nydailynews.com/news/cri...ticle-1.395533

https://www.nbcnewyork.com/news/loca...-53168297.html


Just for completeness I refer you to the opposite situation. In 2009 a restaurant supply company was being robbed.
The Robbers brought out duct tape and started pistol whipping the employees. The owner managed to retrieve
an unregistered pump shotgun and kill two of the perps. No charges were filed and Mayor Bloomberg shook his
hand and told him it was a good shoot and it was not a problem that his gun had been unregistered for 30 years
and stored in the business with a fully loaded mag.

[NH Shooter]

It's not a matter of simply registering a gun. At all. You have to have the permit to get pistol, and the pistol has to be listed by serial number on your permit. I was fortunate my county would give me a non-serialized purchase coupon so I could go shop for a pistol and buy it and take possession on the spot. Many would require you buy it, give proof of ownership to the county and have it added to your permit then use a serialized purchase coupon to take possession from the FFL. To say that it's an involved process would be a drastic understatement.

Hah! True story from my Long Island SCPD pistol license experience;

I went though all of the aforementioned BS and got my "pistol permit" around 1982 (can't recall the exact date). I was active in a Bullseye League and one of my first purchases was a High Standard .22LR target pistol. I owned that pistol for over 10 years, after which I lost interest in Bullseye shooting and decided to sell the pistol.

As I had done in the past, I purchased and then sold a number of pistols after I decided they weren't for me. The process was reasonably straight-forward: drop the pistol off at the local FFL gun shop, where they would log it in as inventory. When the pistol sold, I was given a receipt and took it to the SCPD pistol permit dept. and had it removed from my license. But along the way, SCPD made a change: a pistol left at a FFL for sale on consignment now had to be removed immediately from the pistol license, whether it as sold or not. When I dropped off the target pistol, this new policy was in effect so I had to have it removed from my license.

About four months went by and the pistol did not sell. A bunch of my shooting buddies were going to attend a Bullseye match and I decided I would attend as well. I called the gun shop to see if my High Standard was still there, and sure enough it was. "Don't forget to go get purchase voucher before you come to pick it up" I was reminded. So I went back to SCPD, got a "purchase voucher" for a pistol I still owned and went and retrieved the High Standard. That weekend we went and shot the match, I got home and put it back in my safe in the same spot I had always kept it. And totally forgot about having to go have it added to my license again.

Sure enough a few weeks later I get a registered letter from SCPD about my failure to "register a handgun" and was told to get back to the pistol license dept. within 24 hours. I went the same day to "register" the gun I had already owned and registered 10 years previously. It became immediately apparent my pistol license was in jeopardy.

Luckily, a SCPD detective I was friends with stepped in and saved my license from suspension, which would have required me bringing all of my registered handguns to SCPD for them to hold until they would decide to restore my license. My detective friend was totally sympathetic as I explained it was an oversight due to the change in their policy.

So this is what it's like being a gunowner in NY (you can't make this shit up), and why I'll never go back.

[Kanye Wyoming]

I lived in a rural county. One of the "better" for pistol permits. My timeline looked like this:

Dropped off paperwork on 10/05/2012
Phone interview 02/25/2013
Letter of approval 03/04/2013

Here is a post I made about the process on another forum, back when I was applying. Please forgive the grammar and spelling. I was very excited to be putting in for my pistol permit, and oh man the things I didn't know that I didn't know.



The hardest part for me was having 3 people as references (It's now 4). I grew up in Otsego and lived there my entire life (i left NYS later.) I had to have 3 references who had known me at least 5 years, were not related, and lived within the county. Those people then had to print and sign information on 2 copies of the application. After I turned it in they were each mailed questionnaires about me that they had to take to a notary and fill out in person and return in the mail to the Sheriffs office. At least 2 people I asked to be references told me no, because they were afraid it would get them unwanted attention from the police. These were upstanding hard working people who knew me, liked me, owned guns, and feared the police. In addition, I had to pay to have myself finger printed and passport photos done to turn in with my application. But, once the application was done the county took my fingerprints and photos for the license anyway. But, they won't accept an application without the prints and photos.

It's not a matter of simply registering a gun. At all. You have to have the permit to get pistol, and the pistol has to be listed by serial number on your permit. I was fortunate my county would give me a non-serialized purchase coupon so I could go shop for a pistol and buy it and take possession on the spot. Many would require you buy it, give proof of ownership to the county and have it added to your permit then use a serialized purchase coupon to take possession from the FFL. To say that it's an involved process would be a drastic understatement.

-Cory

This reminds me of a lesson I learned the hard way almost 30 years ago when I was a puppy lawyer.

The Pennsylvania Rules of Civil Procedure say no county court can impose additional requirements for the acceptance of pleadings and motions. My boss asked me to present a routine but last minute motion to the court in a neighboring, mostly rural county. To advantage the local bar and disadvantage out of town lawyers, motions had to be presented at motions court which was held once a week. All the motions filed were on a table in the courtroom, you picked yours up, when your case was announced you would stand up, say “Zimmer81 for the defendant, motion to compel discovery,” approach the bench, hand your motion to the judge, the judge would say “thank you counselor,” and at some point in the future it would be ruled on. That was motions court. Colossal waste of time except there was a diner nearby with a great breakfast.

When I went to pick up my motion from the table, a clerk said “your motion has to have a blue backer.” I responded “but the PA rules of procedure say that can’t be required for filing.” The clerk replied “that’s true, and we accept it for filing without a backer, but the judges won’t look at it unless it has a backer. You have time, there’s a legal stationery store across the street, go get a backer, I’ll put it on for you and I’ll make sure the judge doesn’t call your case until you get back.”

[Stephanie B]

When I lived in Putnam County in the `00s, I applied for a pistol permit. The sheriff would not issue any other than target/hunting and the judge, who actually signed off on them, backed the sheriff.

Around the middle of the decade, a new judge was elected. He would sign off on carry permits (he campaigned on that point). But the sheriff wouldn't. So what one had to do was apply again for a CCW permit, take the sheriff's class, get denied by the sheriff, appeal to the judge and the judge would grant the permit. Total PITA.

Purchasing required buying the gun, taking a form from the dealer, and dropping it off at the county clerk's office. Anywhere from a week to three weeks later, they'd call and and say that they had the coupon ready (it had to be signed by the judge) and that you could go pick that up. They'd give you the coupon and add it to your permit. Then you could take the coupon to the dealer and pick up your gun. So buying a gun required two trips to the clerk's office, which was only open during business hours. If you worked in NYC, that would basically cost you at least two half-days off work.

I was told that in Westchester county, the issuing judge signed off on coupons only once or twice a month and that he's stop signing them when he felt tired. It could take six months to get your coupon back.

[olstyn]

So buying a gun required two trips to the clerk's office, which was only open during business hours. If you worked in NYC, that would basically cost you at least two half-days off work.

So this is what it's like being a gunowner in NY (you can't make this shit up), and why I'll never go back.

Truth truly is stranger than fiction. It's amazing to me that people put up with that nonsense.

[Stephanie B]

So this is what it's like being a gunowner in NY (you can't make this shit up), and why I'll never go back.

Neither will I.

[Glenn E. Meyer]

Don't worry. SCOTUS will wipe out all those restrictions as soon as ....

Wait, I don't know what 'as soon as ....' means.

[5pins]

So if you move to the state you can't even apply for a permit until you know people long enough to have them recommend you? I'm so glad I didn't take that job offer from West Point.

[Shoresy]

So this is what it's like being a gunowner in NY (you can't make this shit up), and why I'll never go back.

Same.

[That Guy]

Sounds like the New York firearm license system is roughly analogous to the permit system we have over here. Some parts better, some parts worse.