[carlschmarl2]

My brother just called to tell me that he finally got his permit in the mail today.

It only took him about 6 months - Cayuga County.

And to his surprise, he gets a "Restricted - Sportsman Only" Permit.

His background: 29 yo, BA College Graduate, then joined the Army as a Ranger - 68WU, got out and moved back to NY to get a job. He's never been in trouble with the law and doesn't have any traffic violations.

How the hell does a guy who has had this much training and background get a f#cking restricted permit?!

How can he get these restrictions removed and get a full carry permit?

Also, is there any case law or precedent of where a citizen was arrested while carrying concealed on a restricted permit?

 

[warbrane]

Wait about a year and apply for restriction removal. Many judges wont issue unrestricted at first no matter how much training u have.

 

[carlschmarl2]

Wait about a year and apply for restriction removal. Many judges wont issue unrestricted at first no matter how much training u have.

What's the Judge's reasoning behind denying full carry permits then if there isn't any justification?

Is it completely up to a Judge's discretion to decide who gets full carry and who doesn't?

How is this not a restriction of one's Constitutional Rights? Legal? Lawsuit?
***Paging Mr Alan Gura***

 

[warbrane]

Yes it is at the judges discretion and they can deny simply because he didnt prove an extraordinary need to carry. It takes huge cahones and lots of money to sue a judge only one of which i have

 

[Darthgamer138]

My brother just called to tell me that he finally got his permit in the mail today.

It only took him about 6 months - Cayuga County.

And to his surprise, he gets a "Restricted - Sportsman Only" Permit.

His background: 29 yo, BA College Graduate, then joined the Army as a Ranger - 68WU, got out and moved back to NY to get a job. He's never been in trouble with the law and doesn't have any traffic violations.

How the hell does a guy who has had this much training and background get a f#cking restricted permit?!

How can he get these restrictions removed and get a full carry permit?

Also, is there any case law or precedent of where a citizen was arrested while carrying concealed on a restricted permit?

You can't be arrested for carrying on a restricted permit.

I think you may be confused on what restrictions actually are. They are basically a rubber stamp that some judges put on ALL permits unless you provide some "good cause" (BS nonsense like "I carry a lot of money", "I own a jewelry store", etc.) They have nothing to do with the PERSON. They are also not law. If you violate them, the judge may yank your permit if he somehow finds out, but he may also do that for any reason. As there are no legal sanctions for the restrictions, you cannot be arrested for carrying "outside of them."

What's the Judge's reasoning behind denying full carry permits then if there isn't any justification?

It's a bit of a misnomer. All permits are carry permits (not including premises/employment permits). A judge may slap BS "administrative restrictions" on them, but they aren't law. It may be a reason it "yank" a permit of caught carrying outside of them, but they have free reign to do so anyway.

Is it completely up to a Judge's discretion to decide who gets full carry and who doesn't?

Yes. And wether or not you GET permit/keep it.

How is this not a restriction of one's Constitutional Rights? Legal? Lawsuit?

Well it isn't the law. It has come up before and has been decided that somehow "that's OK", yet is still has not mad it's way into any penal law.

 

[MDX]

Owning a jewelry store is a very good reason nowadays as well as being a pharmcist to obtain full carry. There have been many shootings in the tri state area targeting these venues.

When you get pull over you are basically under arrest. if the gun is discovered and the cop wants to be a prick and can escalate..... Darth is correct though with his points and this whole system leaves too much to the judge and officers opinion. Alot of NY law enforcement are notified on there MDTs that you have a pistol permit when your plate/license are run. Keep that in mind.

 

[chuck]

I just recieved my permit yesterday, also restricted to hunting/sporting. I will wait a year and write them a letter. I thought they would have issued me unrestriced because im a leo, but guess not. Does not make any since to me.

 

[Darthgamer138]

I just recieved my permit yesterday, also restricted to hunting/sporting. I will wait a year and write them a letter. I thought they would have issued me unrestriced because im a leo, but guess not. Does not make any since to me.

As seen again, the person does not matter. Only BS reasons.