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On August 28, while getting my permit amended, the county clerk added hunt and target restrictions to my permit. This is after I’d possessed an unrestricted pistol permit for 23 years. Quite a surprise but I was able to get unrestricted back as I go on to explain below.
Schenectady County has a procedure set up that may allow a person to obtain an unrestricted permit, however the course is $200, requires one to bring 4 boxes of ammo ($100 for my 45) and some particular holsters. I didn’t like the expense and I figured my case was unique so I wrote the issuing agent a letter requesting the restrictions be removed. To demonstrate proper cause (or at least show that I know which end of a handgun the bullet comes out of), I noted:
• I had an unrestricted permit for approximately 23 years (obtained fall of 1989 in Herkimer County and later transferred to Schenectady County).
• I have hunted responsibly since the age of 14 including successfully hunting deer with a handgun.
• I am a NYS Hunter Education Instructor.
• I am qualified by the NRA as an Instructor for Certified Home Firearm Safety, Certified Pistol and Personal Protection in the Home.
The judge’s secretary called to tell me the judge questioned whether my permit was unrestricted in Herkimer County and asked me to prove such. If I did he would consider removing the restrictions.
I talked to the pistol permit clerk from Herkimer County and she sent a letter stating that my permit was unrestricted as the judge at the time of issuance and transfer didn’t put restrictions on permits. I forwarded the letter to the Schenectady County judge and he stated that he was inclined to remove the restrictions but I must first submit an amendment form to the County for his approval. So I made an appointment and stopped down to sign the form on October 16th.
On October 23rd I received a notice from the clerk that my request for an unrestricted permit had been granted and I picked it up today.
Lessons Learned/Thoughts;
1. I asked the Clerk why the restriction was added now. She stated that my permit came up on the system as restricted. (Note: This is after 19 years in Schenectady County.) This baffles me as you’d think this would have come up a long time ago. I’ve made several address changes and amendments over the years.
2. I asked if there was a procedure for removing the restrictions when this happened. I was handed directions to the County’s website to take the course. I chose to write a letter to the decision maker instead, which I sent directly to him. If I’d had my permit for a shorter period, I likely would be stuck taking the course. The time and money spent on the course is no guarantee of restriction removal.
3. Why should we have to pay additional fees (application fees, finger print fees, course fees, etc.) to have your 2nd amendment rights unjustly restricted? We already pay taxes. Why aren’t these services provided with the tax money that we already pay?
4. This just isn’t right. Please contact your Legislators regarding NY’s pistol permit system. In my opinion, at a minimum, it should be:
a. shall issue. The Supreme Court has ruled that the right to bear arms is an individual constitutional right.
b. consistent from area to area with no restrictions and no special city ordinances (i.e. Albany, Buffalo, etc. and yes, NYC in particular.) Would anyone find it acceptable to have their 1st Amendment rights vary state by state, let alone within their own state?
c. up to the individual to carry open or concealed.
d. protected from FOIL. Permit holder information should not be a matter of public record.
The NY pistol permit system really should be abolished as a whole. Vermont seems to be doing just fine without a pistol permit system, not to mention a few others states out there.
Schenectady County has a procedure set up that may allow a person to obtain an unrestricted permit, however the course is $200, requires one to bring 4 boxes of ammo ($100 for my 45) and some particular holsters. I didn’t like the expense and I figured my case was unique so I wrote the issuing agent a letter requesting the restrictions be removed. To demonstrate proper cause (or at least show that I know which end of a handgun the bullet comes out of), I noted:
• I had an unrestricted permit for approximately 23 years (obtained fall of 1989 in Herkimer County and later transferred to Schenectady County).
• I have hunted responsibly since the age of 14 including successfully hunting deer with a handgun.
• I am a NYS Hunter Education Instructor.
• I am qualified by the NRA as an Instructor for Certified Home Firearm Safety, Certified Pistol and Personal Protection in the Home.
The judge’s secretary called to tell me the judge questioned whether my permit was unrestricted in Herkimer County and asked me to prove such. If I did he would consider removing the restrictions.
I talked to the pistol permit clerk from Herkimer County and she sent a letter stating that my permit was unrestricted as the judge at the time of issuance and transfer didn’t put restrictions on permits. I forwarded the letter to the Schenectady County judge and he stated that he was inclined to remove the restrictions but I must first submit an amendment form to the County for his approval. So I made an appointment and stopped down to sign the form on October 16th.
On October 23rd I received a notice from the clerk that my request for an unrestricted permit had been granted and I picked it up today.
Lessons Learned/Thoughts;
1. I asked the Clerk why the restriction was added now. She stated that my permit came up on the system as restricted. (Note: This is after 19 years in Schenectady County.) This baffles me as you’d think this would have come up a long time ago. I’ve made several address changes and amendments over the years.
2. I asked if there was a procedure for removing the restrictions when this happened. I was handed directions to the County’s website to take the course. I chose to write a letter to the decision maker instead, which I sent directly to him. If I’d had my permit for a shorter period, I likely would be stuck taking the course. The time and money spent on the course is no guarantee of restriction removal.
3. Why should we have to pay additional fees (application fees, finger print fees, course fees, etc.) to have your 2nd amendment rights unjustly restricted? We already pay taxes. Why aren’t these services provided with the tax money that we already pay?
4. This just isn’t right. Please contact your Legislators regarding NY’s pistol permit system. In my opinion, at a minimum, it should be:
a. shall issue. The Supreme Court has ruled that the right to bear arms is an individual constitutional right.
b. consistent from area to area with no restrictions and no special city ordinances (i.e. Albany, Buffalo, etc. and yes, NYC in particular.) Would anyone find it acceptable to have their 1st Amendment rights vary state by state, let alone within their own state?
c. up to the individual to carry open or concealed.
d. protected from FOIL. Permit holder information should not be a matter of public record.
The NY pistol permit system really should be abolished as a whole. Vermont seems to be doing just fine without a pistol permit system, not to mention a few others states out there.
