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Nassau County License transfering to Sullivan County

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    Nassau County License transfering to Sullivan County

    Can anyone share their experience of obtaining a Sullivan County license (second home to become primary) if one already has a Nassau License? Curious about process and timeline?
    Last edited by MFStang; 12-24-2018, 07:03 PM.

    #2
    Try here:
    https://nygunforum.com/

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      #3
      Will do. Thanks

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        #4
        Transfer of records
        Take a young person shooting.... Take 2 or more if you can...

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          #5
          And true proof of primary residence. Are you swapping ends between primary and secondary/vacation homes, or selling and moving outright?

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            #6
            Originally posted by bigbore44 View Post
            And true proof of primary residence. Are you swapping ends between primary and secondary/vacation homes, or selling and moving outright?
            Aside from changing the address on your driver's license and voter registration.... how do you prove which is your primary home?
            Exercise the Bill of Rights. It's good for your Constitution.

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              #7
              I just read a court case where it doesn't HAVE to be your 'primary' home to have a pistol permit in another county, or even state. It just has to be a 'residence' there, even if only part-time.

              I know several people who have upstate partial residences and 'full carry' pistol licenses from there, but live mostly in Nassau County. Some of these guys have literally 100's of handguns in Nassau, and Nassau County Pistol License is not involved in any way.

              EDIT: This isn't exactly what I read, but it's similar:

              https://www.nraila.org/articles/2014...dents-affirmed

              Rights of Part-time New York Residents Affirmed


              FRIDAY, JANUARY 17, 2014

              SUPPORT NRA-ILA
              In a victory for gun owners who spend at least part of the year in the Empire State, on October 15, 2013, the New York State Court of Appeals issued an opinion in the case of Osterweil v. Bartlett that makes clear that part-time residents are eligible for New York handgun licenses.

              The case arose when Alfred G. Osterweil, a resident of the town of Summit in Schoharie County, N.Y., submitted an application for a New York State pistol license in May of 2008. During the process, Osterweil alerted the Schoharie County Sheriff that he had purchased a home in Louisiana and intended to make that home his primary residence, while keeping another residence in Schoharie County. Unclear on how to proceed, the Schoharie County Sheriff queried Schoharie County Court Judge and licensing officer George R. Bartlett on the matter. Bartlett denied Osterweil’s pistol license application in May 2009.

              In his denial, Bartlett claimed that the establishment of domicile in New York is required for an applicant to be eligible for a pistol license. Osterweil appealed the decision to the U.S. District Court for the Northern District of New York, which ruled in favor of Bartlett. Osterweil then appealed once more to the United States Court of Appeals for the Second Circuit, which in turn asked the New York State Court of Appeals to resolve a potentially dispositive statutory issue in the case.

              New York state law states, “[a]pplications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides.” The State Court of Appeals determined that the case hinged on the different definitions of residence and domicile. Citing New York case law, the court determined that “an individual can have more than one residence, but only one domicile.” Therefore, the court held, “The plain language of the statute is not consistent with the theory that the law requires an applicant to establish domicile as an eligibility requirement.”

              The court’s opinion also went on to cite the statute’s legislative history: “the … history of the statutes that underlay Penal 400 evinces an intent to ensure that an applicant for a handgun license applies in his place of residence, rather than an intent to limit licenses to applicants who make their domicile in New York.” According to the court, the requirement for applicants to apply within their own county of residence is intended to prevent “forum-shopping” for licenses in parts of the state where they are issued more readily than in others.

              In choosing to base its ruling strictly on how the handgun licensing statute interacts with the definitions of residence and domicile, the court declined to opine on whether the New York law, as interpreted by Bartlett, is unconstitutional. Osterweil’s attorneys had argued that if New York’s pistol licenses were by law limited to those domiciled in the state, such a law would violate the Fourteenth Amendment’s equal protection clause and the Second Amendment.

              While the constitutional issues posed by the case for now remained unresolved, the ruling is an important victory for New York gun owners, ensuring that those who divide their time between homes in New York and another state will not be deprived of the means of self-defense while doing so.


              Last edited by Dan 0351; 12-25-2018, 03:57 PM.
              "The Open Carry guy is my decoy."

              Comment


                #8
                Dan - I was reading that too and another article about voter registration in multiple counties (before I posted) and that's my plan partial residence in both places and try to upgrade to carry upstate. I guess I'll start with the transfer process once I close and see how it goes. I was just wondering if anyone else went through this.
                Last edited by MFStang; 12-25-2018, 03:59 PM.

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                  #9
                  Originally posted by MFStang View Post
                  Dan - I was reading that too (before I posted) and that's my plan partial residence in both places and try to upgrade to carry upstate. I guess I'll start with the transfer process once I close and see how it goes. I was just wondering if anyone else went through this.
                  A friend just went through it, used me as a reference. Has a house in Nassau and a very small place upstate. Got it pretty quickly.
                  "The Open Carry guy is my decoy."

                  Comment


                    #10
                    Originally posted by Barnslayer View Post

                    Aside from changing the address on your driver's license and voter registration.... how do you prove which is your primary home?
                    Not 100% sure, but the drivers license is one item, along with everything else important to have that address(Social Security? Work pay stubs etc). Also, you have to live there more than 6+ months a year. Then again, I could be wrong. I do know that is the reason why I cannot vote on anything at my place upstate. Of course, I would just LOVE to move my permit up there, and tell NCPD and their restrictions to GFTS's.

                    Comment


                      #11
                      Originally posted by Dan 0351 View Post

                      A friend just went through it, used me as a reference. Has a house in Nassau and a very small place upstate. Got it pretty quickly.
                      I'm going to have to look further into this. Very interesting indeed.

                      Comment


                        #12
                        I remember a case not too long ago involving a PA resident who had a business inside NYS. That was the catalyst for the NYS non-res license.

                        Dans example raises an interesting question for me. If a p/t resident of NYS or someone with residences in more than one county of NYS are eligible to be issued a PL in “either or”, doesn’t that support an argument that NYS (yes, I am very familiar with the authority of the “licensing authority or issuing officer”) views certain individuals, to include non residents of NYS to be more worthy of self protection than other NYS residents?
                        Even allowing for administrative restrictions, for the rights of non residents to out weigh home state residents rights seems to fly in the face of established standards that treat these two classes differently. Taxes, tuition, employment and countless other “benefits” that state residents enjoy over non residents of a state.

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                          #13
                          Originally posted by Huntington Guy View Post
                          Even allowing for administrative restrictions, for the rights of non residents to out weigh home state residents rights seems to fly in the face of established standards that treat these two classes differently. Taxes, tuition, employment and countless other “benefits” that state residents enjoy over non residents of a state.
                          Yessir, if you d/l and read the case opinion, here's the ending:

                          Finally, and most conclusively, Penal Law § 400.00 itself contemplates that licenses may be issued to individuals who do not make their domicile in New York. When a license to carry or possess a pistol or revolver "is issued to an alien, or to a person not a citizen of and usually a resident in the state, the licensing officer shall state in the license the particular reason for the issuance and the names of the persons certifying to the good character of the applicant" (Penal Law § 400.00 [7]). Since a handgun license may be issued, under the statute, to a person who is "not . . . usually a resident" in New York State, it is clear that there is no requirement of domicile. V.
                          Because we hold that Penal Law § 400.00 (3) (a) does not preclude an individual who owns a part-time residence in New York but makes his permanent domicile in another state from applying for a New York handgun license, we have no occasion to decide whether a contrary law would be unconstitutional.


                          "The Open Carry guy is my decoy."

                          Comment


                            #14
                            Got it. Statutory inconsistency is the law of our particular land.

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                              #15
                              Originally posted by Huntington Guy View Post
                              Got it. Statutory inconsistency is the law of our particular land.
                              and they screwed themselves with it!
                              Take a young person shooting.... Take 2 or more if you can...

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