I’ve read the brief and hope for its success. I have some questions and remarks. First, I’ve just gotten done with the Erie Country permit process. Some facts. You can have and purchase long arms in NYS, outside of NYC, with ease as long as they are compliant (a pain) and you do the typical NICS checks. Thus, I came to the state with my compliant long arms without problem and were my major home SD guns.
It took me a year to get my permit and rescue my handguns (all compliant) from an FFL (pricey, shipping and storage). The main problem is that I’m magazine capacity limited. It might have taken less time except for Covid. The actual process of getting the permit and guns was 4 months from start to finish.
I had to take a course (as in many states). No shooting test (unlike TX). No test at the course on the laws. Just a lecture (
https://ftwny.com/ - excellent outfit). The class was large – about 50 folks. The instructor supply forms and talked us through the forms.
The permits come in different flavors:
I am requesting a pistol permit for the following reason: Unrestricted/Personal Protection Target & Hunting Target, Hunting & Business Protection
Here’s an important point. You cannot purchase a handgun without a permit.
You can get permit that does not allow carry (you can request an upgrade) and that is an issue in some counties that are much tighter than Western NY.
You have to justify your need for personal protection. Some counties are tougher than others. Guess where, NYC is a totally different beast. I’m talking outside of there. The instructor has suggested prose that is rather sensible – you didn’t have to mention specific threats for an unrestricted permit. I also added some background about my training and competition history.
You have to supply four references. Various townships may vary in whom they accept based on locale, etc. I found simpatico neighbors. I was surprised at how many folks here have permits.
Then I was interviewed by an Erie County sheriff who asked about my reason, which was pretty generic and needed for an older couple. He asked me about my training, mentioned in my statement. I mentioned Mas, Tom Givens – his conference, the old NTI, Insights, KR Training, etc. as well as my long history of IDPA competition. It was pleasant and I received the permit letter. Here’s the deal – with the letter you have to register an actual handgun to get the plastic card. So off to the FFL and hours of forms for my selection. Wait a month, get the card, and get the guns. This is slow because of Covid. You used to be able to do it in a day or two. Everything is now by mail.
Blah, Blah – to the brief and my questions.
The focus is carrying a handgun outside of the home and the required justification. However, since the permit is needed even to have a handgun, I wondered why this wasn’t brought up. It would seem that Heller was somewhat ambiguous on carry outside the home. The brief argues it isn’t but it did support locale bans. It would seem the idea of justification for even one of the hunting and premises permits would be or should be mentioned but I’m not in on the strategy. Since you can be totaled denied a handgun, it would seem a point.
Next, the brief discusses carrying a firearm as compared to a handgun in several points. Is this ambiguous as doesn’t mix long arms and handguns? I dunno?
The brief states in
STATEMENT OF THE CASE
A. Factual Background
New York bans the open carry of handguns entirely. Kachalsky, 701 F.3d at 86. And while New York permits concealed carry of a handgun with a license, the state makes it virtually impossible for the ordinary law-abiding citizen to obtain a license. A New York licensing officer enjoys the discretion to grant a concealed carry license to members of select professions, such as state court judges, N.Y. Penal Law §400.00(2), but a license to carry a handgun “without regard to employment or place of possession” may only be granted “when proper cause exists for the issuance thereof,” id. §400.00(2)(f). See Kachalsky, 701 F.3d at 86 (“Given that New York bans carrying handguns openly, applicants ... who desire to carry a handgun outside the home and who do not fit within one of the employment categories must demonstrate proper cause pursuant to section 400.00(2)(f).”).
Is that really true? It seems to county dependent. Western NY in particular has many permit holders, competitors and stores selling handguns. The Erie County office is processing a 1000 permits requests recently. Just a question of fact.
When I moved here, local and ‘Internet’ experts said it would take 5 years to get perhaps a permit. My research said this wasn’t true. Touch of mythology. However, in other counties it can be a horror show.
So would the local variability be a point to mention? The vagaries of justification seem the causal county variances.
Would relief be to remove the justification? Can the references be removed? The local variations have been a problem for some.
Let’s hope they take this and make a clear determinant that moves the country in its entirety to easy shall issue concealed permits. Constitutional carry can be fought later. I also opine that the felon/permission case is a sideshow and shouldn’t divert legal efforts.