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    #16
    Originally posted by Grifhunter View Post

    This is not true. The key to the six month provision is buried in the legislative history. The legislative intent was 6 months from your submitted application to the licensing body, in this case, the PD. Anybody tells you different is FOS.
    So a lead detective who’s good friends with the head of PLB is FOS? Isn’t the State still technically the licensing body?
    Last edited by Turfman81; 04-13-2018, 06:48 AM.

    Comment


      #17
      undrwtr1 is he man who can answer all your questions. He’s don’t quite a few for other members.

      My cousin just got his license after 17 months.
      Pat ------> NRA Endowment Member

      Comment


        #18
        Originally posted by Turfman81 View Post

        So a lead detective who’s good friends with the head of PLB is FOS? Isn’t the State still technically the licensing body?
        You don't think he may be a little biased to tell it in favor of the plb.

        Comment


          #19
          Pate is too kind. My efforts were only in Nassau because of the geography of dealing with Suffolk. However, I wrote somewhere around 32 demand letters and commenced 2 Article 78 proceedings against Nassau in connection with clean applicants. I like to think that my routine harassment of the NCPD was a small part in their finally processing applications within 6 months - which they appear to be doing. While I do not go to Suffolk, I will set forth below a draft letter that I posted on the other forum that you can modify as necessary for Suffolk:

          HERE YOU GO

          [Put on Letterhead with Name/Address/Phone]

          [Date]

          NASSAU COUNTY POLICE DEPARTMENT
          Pistol License Section
          1490 Franklin Avenue
          Mineola, New York 11501

          Re: Pistol License Application of

          To whom it may concern:

          On I submitted an application and supporting documentation to the Nassau County Police Department for the purpose of obtaining a pistol license. My application was accepted by the employees and staff of the Nassau County Police Department and a date of was scheduled for my interview and fingerprinting.

          New York Penal Law §400.00(4-a) provides:

          “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.”

          The Nassau County Police Department, Pistol License Section, is considered the licensing authority for all pistol permits in the County of Nassau.

          Based upon numerous conversations I have had with other individuals who have submitted a pistol license application to the Nassau County Police Department, it is apparently the custom and practice of the Pistol License Section of the Nassau County Police Department to schedule fingerprinting and interviews almost nine months from the date the application is submitted and then only after an additional six to nine months after the fingerprints have been taken will a decision on the application be issued.

          It has been more than six months since I submitted my application to the Nassau County Police Department. My license has not been issued and I have not received written notice purporting to explain any good cause for any delay in processing my application. I was ready, willing and able to submit to fingerprinting and an interview on the date my application was submitted and continue to be ready to this day.

          The apparent custom and practice of the Nassau County Police Department, Pistol License Section in scheduling dates for fingerprinting and an interview more than six months after the application is submitted, and then further delaying the issuance of a license or denial for yet another six months (or longer) violates the inherent purpose of the law which was to provide for the speedy issuance (or denial) of pistol licenses in the State of New York. The Department’s actions are thus unreasonable and in violation of the provisions of New York Penal Law §400.00(4-a).

          If I am not in receipt of a decision on my license within the next ten (10) business days, I shall seek legal counsel and commence an Article 78 proceeding against the Nassau County Police Department to compel a determination on my application. The delays are unnecessary and in violation of my Second Amendment rights which you were sworn to uphold and defend. I look forward to your response.

          Alternative paragraph if not yet fingerprinted:
          [If I am not contacted immediately to schedule my fingerprinting and interview and thereafter in receipt of a decision on my license within the next fifteen (15) business days, I shall seek legal counsel and commence an Article 78 proceeding against the Nassau County Police Department to compel a determination on my application. The delays are unnecessary and in violation of my Second Amendment rights which you were sworn to uphold and defend. I look forward to your response.]


          Very truly yours,



          JOHN DOE

          cc: Hon. Edward Mangano
          Nassau County Executive
          1550 Franklin Avenue
          Mineola, New York 11501

          -----------------------------------------------------------------------

          Good luck!

          Comment


            #20
            Not sure of Nassau’s policy.
            ** Suffolk does not assign a fingerprinting/interview date at time of application. Typically a letter or telephone call notifying the applicant accomplishes this, often well past the 180 day mark from initial submission.

            Comment


              #21
              Originally posted by Huntington Guy View Post
              Not sure of Nassau’s policy.
              ** Suffolk does not assign a fingerprinting/interview date at time of application. Typically a letter or telephone call notifying the applicant accomplishes this, often well past the 180 day mark from initial submission.
              Nassau gives you a fingerprint appointment when you submit your application. At this time the appointments are about a month later.

              Comment


                #22
                Originally posted by Turfman81 View Post

                So a lead detective who’s good friends with the head of PLB is FOS? Isn’t the State still technically the licensing body?
                A "lead detective" (as well as the PLB) is an agent of the state. He is neither an attorney or judge trained in the interpretation of laws. Agents of the state will routinely slant the law in favor of the state.
                You want to know what the law is either 1) read the plain language of the statute, or 2) see what lawyers or judges opine about the issue.

                Ask your LEO buddy why the Long Island counties cave in and issue post haste after an attorney appears on the scene.
                Last edited by Grifhunter; 04-13-2018, 10:45 PM.

                Comment


                  #23
                  Originally posted by Huntington Guy View Post

                  How does Suffolk get away with calling their application a “questionnaire”? The 6 month rule seems pointless if an agency can manipulate it with gimmicks like that.
                  Because too many are afraid to "rock the boat" or "cause trouble" - Until someone gets the state application and presents it.... and fights for it to be fixed, they'll keep abusing citizens.

                  OP - they CANNOT DENY YOU FOR BEING A PITA - they can only deny you for specific items spelled out in law...

                  Comment


                    #24
                    Guys.
                    This week I met with one attorney, a member of the legislative branch of government and two members in the enforcement part of government.If any lawyer wants to give me guidance send me a PM and I will give you my phone number. Consultation with someone with Suffolk County ADA or criminal defense experience would really be helpful at this point.

                    I am considering going "all in" for the cause, tipping the damn boat over and risking retaliation. Without further support from the community, I will just take care of myself/.

                    Comment


                      #25
                      It boils down to this, part of the SAFE Act was a standardized application for every county, but in Suffolk county’s eyes, the state application is not “intrusive” enough. No questions on Rx med use, etc. so they had to come up with a way to keep their “questionnaire” in place. Total sham.

                      Comment


                        #26
                        Originally posted by undrwtr1 View Post
                        Pate is too kind. My efforts were only in Nassau because of the geography of dealing with Suffolk. However, I wrote somewhere around 32 demand letters and commenced 2 Article 78 proceedings against Nassau in connection with clean applicants. I like to think that my routine harassment of the NCPD was a small part in their finally processing applications within 6 months - which they appear to be doing. While I do not go to Suffolk, I will set forth below a draft letter that I posted on the other forum that you can modify as necessary for Suffolk:

                        HERE YOU GO

                        [Put on Letterhead with Name/Address/Phone]

                        [Date]

                        NASSAU COUNTY POLICE DEPARTMENT
                        Pistol License Section
                        1490 Franklin Avenue
                        Mineola, New York 11501

                        Re: Pistol License Application of

                        To whom it may concern:

                        On I submitted an application and supporting documentation to the Nassau County Police Department for the purpose of obtaining a pistol license. My application was accepted by the employees and staff of the Nassau County Police Department and a date of was scheduled for my interview and fingerprinting.

                        New York Penal Law §400.00(4-a) provides:

                        “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.”

                        The Nassau County Police Department, Pistol License Section, is considered the licensing authority for all pistol permits in the County of Nassau.

                        Based upon numerous conversations I have had with other individuals who have submitted a pistol license application to the Nassau County Police Department, it is apparently the custom and practice of the Pistol License Section of the Nassau County Police Department to schedule fingerprinting and interviews almost nine months from the date the application is submitted and then only after an additional six to nine months after the fingerprints have been taken will a decision on the application be issued.

                        It has been more than six months since I submitted my application to the Nassau County Police Department. My license has not been issued and I have not received written notice purporting to explain any good cause for any delay in processing my application. I was ready, willing and able to submit to fingerprinting and an interview on the date my application was submitted and continue to be ready to this day.

                        The apparent custom and practice of the Nassau County Police Department, Pistol License Section in scheduling dates for fingerprinting and an interview more than six months after the application is submitted, and then further delaying the issuance of a license or denial for yet another six months (or longer) violates the inherent purpose of the law which was to provide for the speedy issuance (or denial) of pistol licenses in the State of New York. The Department’s actions are thus unreasonable and in violation of the provisions of New York Penal Law §400.00(4-a).

                        If I am not in receipt of a decision on my license within the next ten (10) business days, I shall seek legal counsel and commence an Article 78 proceeding against the Nassau County Police Department to compel a determination on my application. The delays are unnecessary and in violation of my Second Amendment rights which you were sworn to uphold and defend. I look forward to your response.

                        Alternative paragraph if not yet fingerprinted:
                        [If I am not contacted immediately to schedule my fingerprinting and interview and thereafter in receipt of a decision on my license within the next fifteen (15) business days, I shall seek legal counsel and commence an Article 78 proceeding against the Nassau County Police Department to compel a determination on my application. The delays are unnecessary and in violation of my Second Amendment rights which you were sworn to uphold and defend. I look forward to your response.]


                        Very truly yours,



                        JOHN DOE

                        cc: Hon. Edward Mangano
                        Nassau County Executive
                        1550 Franklin Avenue
                        Mineola, New York 11501

                        -----------------------------------------------------------------------

                        Good luck!
                        Don't mind if I steal this right?
                        also you wouldn't happen to know if anyone in Suffolk who does this stuff would you?

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