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Discussion Starter · #1 ·
So we all know its the LAW that NY state must issue your pistol permit with in 6 months ?!?! so with that being said how can a county just ignore the STATE Law? i mean if i was to not register my car or get an inspection done id get a ticket. So how can a county operate and not get in to trouble for not following state law? is it a law they are legally allowed to skip over?


lets debate this issue.
 

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No debate really. This 6-month thing comes up all the time. The counties are fully aware of this. 6 months starts WHEN THE APPLICATION IS PRESENTED TO THE LICENSING OFFICER. So, counties that violate this, simply don't present it to the judge until they are ready. My county did just that, in this manner:

6 months to wait for a "how to fill out the paperwork" class. You only can get your application at that class.
2-3 months at the Sheriff's office waiting for mental health/BG check etc.
and THEN
~4 months for the Judge to sign. So the judge did not violate the 6 month rule.

No matter either way though, because if he did violate it it appears they get a slap on the wrist and continue on.
 

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According to the NYS GUN LAWS section it states:

"Applications for licenses must be acted upon within 6 months after presentment. If there is a delay, there must be written notice to the applicant stating the reasons. Such delay may be excused for good cause only."

So they don't have to issue a permit, just render a decicion whether or not you will get one.
 

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Discussion Starter · #4 ·
According to the NYS GUN LAWS section it states:

"Applications for licenses must be acted upon within 6 months after presentment. If there is a delay, there must be written notice to the applicant stating the reasons. Such delay may be excused for good cause only."

So they don't have to issue a permit, just render a decicion whether or not you will get one.
you are correct, Most counties only reasons for taking past the 6 month mark is we have no body to process the paper work.
 

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As far as I am aware of the 6 month issue has not been brought up in court and addressed. Because of that the county interprets it as meaning 6 months from when the judge gets it to benefit themselves because they either dont like issueing permits or the more likely reason they are understaffed and dont want to pay the extra money for more man power.

IMHO the 6 months starts when you turn it in. The law specifically states the clock starts when its turned into the appropriate authority. If you read the law it always refers to the licensing officer as the licensing officer. IMO they use the term appropriate authority because each county can designate who takes in the applications since it would be unreasonable for each applicant to turn in their paper work to the licensing officer. Also its implied in the law that the 6 month time limit for the application to be acted on (approve, denied, or delay) is to ensure that the process is timely and that the applicant cant be made to wait forever. So with that in mind if the time started when the judge receives the application then the time limit would mean nothing because a county could hold the paper work indefinitely depriving you of your right without due process of the law.

Lastly the reason no one gets in trouble fro taking so long goes along with what I said in the beginning. No one calls them out on it. The act of taking over the 6 months is a misdemeanor. So lets even assume for the sake of argueing here that the time starts when the judge gets it. I know their have been people on this forum who did not receive notice as to why their permit was being delayed (remember law says it has to be applicants fault, i.e. didnt fill out the paper work right. A new judge is the counties issue and does not excuse the time frame in which the application must be acted on) even after their application has been with the judge for over 6 months. So in that case the law was definately violated yet the judge was never charged with a crime that he committed.

So know the county is not allowed to ignore parts of the law legally. No one calls them out on it so they get away with it. At exactly 6 months is when I started calling them asking questions to point them to what I was getting at. At first they told it would still be a few more months but after asking the right questions I received it in a manner of a couple weeks. To me since they did the right thing when basically called out on it, I chose not to fight it. But I freely share what worked for me in the hopes that it may help others.
 

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Mine took 10 months in Niagara. The blame was placed on one of my references moving to a different County (though he didn't move until almost 3 months after I submitted my application), and the mental health check system being backed up - apparently there was only one guy processing the mental health paperwork. It was only after I called at the 6 month mark that I found out the reference moving required me to get another reference from Niagara County. After I took care of the additional reference, my Sheriff's interview took place about 2 months later, and my permit approval was in my mailbox 2 weeks after that. Seems that the Counties can use scape goats if the 6 month timeframes are exceeded, and probably not much the avg. Joe can do to fight it.
 

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I was given a different excuse. After 10 months of waiting, I was told that my paperwork had been approved 6 months prior (so 4 months after I submitted it), but that they "lost track of it and forgot to inform me".
 

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First of all 6 months is crazy. There is nothing "timely" in 6 months....They don't need 6 months, 6 days maybe. We have a mental health chech, we have a BI, and they have 30 days, but normally it takes less than a week.
 

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you are correct, Most counties only reasons for taking past the 6 month mark is we have no body to process the paper work.
I have a feeling Chemung County is going to gice the same excuse. The licencing officer just quit or retired, and someone has been pulling double duty with his normal tasks and now pistol permits.
 

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This may be a little off topic bit one of my references is in the armed services and has moved out of state to North Carolina, at the time I obtained his signature he was a resident in the same county I live in, will they deny my application over that?
 

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This may be a little off topic bit one of my references is in the armed services and has moved out of state to North Carolina, at the time I obtained his signature he was a resident in the same county I live in, will they deny my application over that?
Contact them and ask. They may tell you to get another reference to replace him.
 

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Discussion Starter · #12 ·
So i wrote my Senator for Jefferson County. I stated in the email that i have just handed my pistol permit into the county office to be processed. I said that i know the state law says the county has 6 months to process the paper work.. well the chick who works for the senator called Jefferson county and spoke to them about what was going on with my paper work even though i stated i just handed in the paper work. My entire reasoning for calling the senator was to hopefully have them call me back first of all! 2nd was to see why it took 2 months for metal health records. So i stopped the lady from talking and said well hold up a sec, i stated the system is flawed and i wanted some help maybe to try and get Jefferson county more money to help process paper work. All i got was ill pass that along to the senator thanks.
 
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