New York Firearms Forum banner

1 - 20 of 35 Posts

·
Registered
Joined
·
31 Posts
Discussion Starter · #1 ·
Is it possible to be denied your permit for pestering the County Clerk's office about the status of your permit? I have called about three times now to obtain the status and each time the woman I speak with seems to get more and more annoyed with my persistence. I don't know if it's normal for people to call three times or more to inquire about their status.


I've also reached out to both a Republican and Democrat in Monroe County Legislature to discuss the issue with the length of time it takes citizens to obtain their permits.

Surprisingly, (D) Ted O'brien has a Republican in is office named Justin Wilcox who is a Monroe County Legislator and he took great interest in my concern and said he will "look into it as it is concerning to him also".

When I called (R) Sean Delehanty's office, I was given the run around and then kept pushing to speak with someone. I even told them a Democrat's office took interest in this issue, which caused them to put someone on the phone almost immediately.

I did not catch the name of the person I spoke with. He was very down to Earth, and was willing to answer any questions I had about NYS Penal Law Part 4, Title W. He confirmed the Judge is the "Licensing Officer" in Monroe County and the judge has 6 months to act on the permit, which doesn't count any time spent with the sheriff's officer or anywhere else before it is presented to them.

We ended the conversation and he said he will get a status for me on my permit. I will keep everyone posted as to what happens.


Thanks!
 

·
Registered
Joined
·
2,769 Posts
Is it possible to be denied your permit for pestering the County Clerk's office about the status of your permit? I have called about three times now to obtain the status and each time the woman I speak with seems to get more and more annoyed with my persistence. ............
3 times today? 3 times in the past two day? This week? This month? Past three months?

I don't believe the clerk has much input, but I could be wrong. However, pestering them wouldn't be my approach.
 

·
Registered
Joined
·
12,953 Posts
He confirmed the Judge is the "Licensing Officer" in Monroe County and the judge has 6 months to act on the permit, which doesn't count any time spent with the sheriff's officer or anywhere else before it is presented to them.
Convenient response. Unfortunately the statute reads that "the licensing officer
shall act upon any application for a license pursuant to this section
within six months of the date of presentment of such an application to
the appropriate authority". Clock starts ticking when you submit the application, not when the clerk or sheriff gets around to giving it to the judge. I'd love to see this challenged in court.

4-a. Processing of license applications. Applications for licenses
shall be accepted for processing by the licensing officer at the time of
presentment. Except upon written notice to the applicant specifically
stating the reasons for any delay, in each case the licensing officer
shall act upon any application for a license pursuant to this section
within six months of the date of presentment of such an application to
the appropriate authority. Such delay may only be for good cause and
with respect to the applicant. In acting upon an application, the
licensing officer shall either deny the application for reasons
specifically and concisely stated in writing or grant the application
and issue the license applied for.
 

·
Registered
Joined
·
31 Posts
Discussion Starter · #6 ·
Thanks. I just received a call back from (R) Justin Wilcox, who works in the office of (D) Ted O'brien. He is prepared to bring this to attention but we agreed it would be best to wait until I am issued/denied my permit so they can't hold it against me. Definitely don't want to jeopardize myself at this point in the game.
 

·
Registered
Joined
·
4,835 Posts
How long ago did you submit your permit? Last summer the message at the clerk stated that if it had been less than 6 months since turned in, they won't help you.
 

·
Registered
Joined
·
31 Posts
Discussion Starter · #8 ·
How long ago did you submit your permit? Last summer the message at the clerk stated that if it had been less than 6 months since turned in, they won't help you.
Permit submitted October 28th, 2013. Almost 8 months. I know people have been waiting longer than me. Hopefully this will help them gauge their timeline.
 

·
Registered
Joined
·
14,522 Posts
3 times in this past month is not excessive, and I bet you everyone pesters them about updates... its their job to answer these questions as they are working on the tax payers dime.


and as cgrutt pointed out its not 6 damn months from when it gets to the judges desk! its 6 months from the day you turn it in.. this is widely known as fact!

however, many counties bend the rules to their favor.. for instance, in Westchester, they require you to make an appointment to turn in the paperwork which is lately about an entire freaking year! then the 6 months starts..

this process needs to be thrown the hell out entirely as the Sullivan act is illegal..... but, id be happy with a major revamp in the interim... there is no reason why they need to waste tax dollars with this ridiculous process that heavily burdens the law abiding..
 

·
Registered
Joined
·
2,953 Posts
this process needs to be thrown the hell out entirely as the Sullivan act is illegal..... but, id be happy with a major revamp in the interim... there is no reason why they need to waste tax dollars with this ridiculous process that heavily only burdens the law abiding..
ftfy
 

·
Registered
Joined
·
2,361 Posts
Op when applying for a PP you need to have the patience of a saint. I REALLY and I mean REALLY doubt you calling too many times just to know the status is grounds for denial.

Many counties are "backed-up". I sent out my recertification/renewal in April here in my County. I called today the 2nd time since I mailed it out. I politely told the female who answered I have yet to receive my renewal and my PP expires next week....she said "we are backed up and even if you do not receive your new pp before the expiration date you will be ok since we already have your paper work". :wacko:

I am confused as to what that truly means and/or what can happen to my handguns. Many counties are backed up.....just be patient.
 

·
Registered
Joined
·
6,150 Posts
How long ago did you submit your permit? Last summer the message at the clerk stated that if it had been less than 6 months since turned in, they won't help you.
The application itself even says to wait at least 9 months before inquiring on the status.
 

·
Registered
Joined
·
31 Posts
Discussion Starter · #13 ·
The application itself even says to wait at least 9 months before inquiring on the status.
App didn't say anything about 9 months when I turned it in. I printed a few extra copies as well and just looked back at them. No mention about waiting 9 months to inquire.
 

·
Postmaster General
Joined
·
23,073 Posts
Convenient response. Unfortunately the statute reads that "the licensing officer
shall act upon any application for a license pursuant to this section
within six months of the date of presentment of such an application to
the appropriate authority". Clock starts ticking when you submit the application, not when the clerk or sheriff gets around to giving it to the judge. I'd love to see this challenged in court.

4-a. Processing of license applications. Applications for licenses
shall be accepted for processing by the licensing officer at the time of
presentment. Except upon written notice to the applicant specifically
stating the reasons for any delay, in each case the licensing officer
shall act upon any application for a license pursuant to this section
within six months of the date of presentment of such an application to
the appropriate authority. Such delay may only be for good cause and
with respect to the applicant. In acting upon an application, the
licensing officer shall either deny the application for reasons
specifically and concisely stated in writing or grant the application
and issue the license applied for.
Where are you getting this?

You and Celt say this is known as fact, but I've always know it as fact that the statute DOES mean how they are feeding it to him. That's how they get away with this bs.
 

·
Registered
Joined
·
12,953 Posts
Where are you getting this?

You and Celt say this is known as fact, but I've always know it as fact that the statute DOES mean how they are feeding it to him. That's how they get away with this bs.
Where did I ever say it's known as fact? Enlighten me, please...
 

·
Postmaster General
Joined
·
23,073 Posts
Where did I ever say it's known as fact? Enlighten me, please...
Well, Celt actually said that, and you presented it as such. Just looking for where this was ever cleared up, because it seems to be the exact excuse they use when the 6 month rule is violated.
 

·
Registered
Joined
·
12,953 Posts
Well, Celt actually said that, and you presented it as such. Just looking for where this was ever cleared up, because it seems to be the exact excuse they use when the 6 month rule is violated.
All I "presented" was the actual text of the statute and said I'd love to see it (i.e., their excuses) challenged in court.
 

·
Postmaster General
Joined
·
23,073 Posts
All I "presented" was the actual text of the statute and said I'd love to see it (i.e., their excuses) challenged in court.
And said:

cgrutt said:
Clock starts ticking when you submit the application, not when the clerk or sheriff gets around to giving it to the judge.
 

·
Registered
Joined
·
12,953 Posts
WTF bro? It's my opinion based upon how I understand the statute to be worded. A straight reading would imply the "licensing officer" is not the same as "the appropriate authority" otherwise they would have just said the licensing officer must act within 6 months of receipt of the application, no? Furthermore, I added I'd love to see it challenged in court, which is an implicit acknowledgement that the powers that be view it differently. Getting tired of having to "explain" things that I've posted to you.
 

·
Postmaster General
Joined
·
23,073 Posts
WTF bro? It's my opinion based upon how I understand the statute to be worded. A straight reading would imply the "licensing officer" is not the same as "the appropriate authority" otherwise they would have just said the licensing officer must act within 6 months of receipt of the application, no? Furthermore, I added I'd love to see it challenged in court, which is an implicit acknowledgement that the powers that be view it differently. Getting tired of having to "explain" things that I've posted to you.
Then don't, by all means. You don't exist on here to satiate me bro.

So on that note, does anyone have any backing as to what that 6 months means?
 
1 - 20 of 35 Posts
Top