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NY state permit for MILITARY??????? help

Discussion in 'Legal & Political Archive' started by AASLTsgt, Apr 7, 2011.

  1. AASLTsgt

    AASLTsgt TACOMA Member

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    So obviously I'm military and soon will be transfered to upstate NY and everything I'm ready says I'm screwed as far as my handguns are concerned because You have to have a permit to just have them. Anyone dealt with this is there anything you can do besides send your guns elsewhere. :huh:


    HELP!!!
     
  2. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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    First, do you have a sponsor at your new duty station? (I'm guessing Ft. Drum). You should ask your sponsor for the specifics, but according to Dave Workman's article the permit fee is $10 for three years.
    BREAKING: Bellevue v. Bloomberg as SAF sues over
     
  3. One-Eyed Ross

    One-Eyed Ross Winlock, WA Well-Known Member

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  4. AASLTsgt

    AASLTsgt TACOMA Member

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    READ both before the mountainer REG does not say that soldiers are exempt from state law and state law says you have to have a permit. Also a NY state permit is not $10 it is around 140- 180 depending on the county when all done and you have to reside in NY state for 6 months before you can apply, and the licensing official is the county judge not an agency. With an expected wait time of 4 months as of yesterday.
     
  5. AASLTsgt

    AASLTsgt TACOMA Member

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    And unless my sponsor happens to also be a gun nut chances are he will be worthless like most are.
     
  6. AASLTsgt

    AASLTsgt TACOMA Member

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    It just means it's ok to be a soldier and have a gun but that what you need to do to make it legit via the military
     
  7. chizuck

    chizuck central Wa. Member

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    Well the 2nd Amendment Foundation is in the process of suing NY over hand gun permits. So that night be in your favor.


    SAF SUES IN NEW YORK TO VOID 'GOOD
    CAUSE' CARRY PERMIT REQUIREMENT

    BELLEVUE, WA - The Second Amendment Foundation has filed a federal lawsuit against Westchester County, New York and its handgun permit licensing officers, seeking a permanent injunction against enforcement of a state law that allows carry licenses to be denied because applicants cannot show "good cause."

    SAF is joined in the lawsuit by Alan Kachalsky and Christina Nikolov, both Westchester County residents whose permit applications were denied. Kachalsky's denial was because he could not "demonstrate a need for self protection distinguishable from that of the general public." Nikolov's was denied because she could not demonstrate that there was "any type of threat to her own safety anywhere." In addition to Westchester County, Susan Cacace and Jeffrey Cohen, both serving at times as handgun permit licensing officers, are named as defendants. The lawsuit was filed in U.S. District Court for the Southern District of New York, White Plains Division.

    Attorney Alan Gura is representing the plaintiffs, along with attorney Vincent Gelardi with Gelardi & Randazzo of Rye Brook, NY. Gura recently represented SAF and the Illinois State Rifle Association in their landmark Second Amendment Supreme Court victory over the City of Chicago.

    Under New York Penal Code ||167|| 400.00, handgun carry permit applicants must "demonstrate good cause for the issuance of a permit," the lawsuit alleges. This requirement violates the Second Amendment, according to the plaintiffs.

    "American citizens like Alan Kachalsky and Christina Nikolov should not have to demonstrate good cause in order to exercise a constitutionally-protected civil right," noted SAF Executive Vice President Alan Gottlieb. "Our civil rights, including the right to keep and bear arms, should not be subject to the whims of a local government or its employees, just because they don't think someone needs' a carry permit. Nobody advocates arming criminals or mental defectives, but honest citizens with clean records should not be denied out of hand.

    "Thanks to our recent victory before the Supreme Court," Gottlieb stated, "the Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs'."

    The case is filed as Kachalsky v. Cacase, U.S. Dist. Ct. S.D. N.Y. 10-05413


    The Second Amendment Foundation (Second Amendment Foundation Online) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.
     
  8. MA Duce

    MA Duce Central Oregon Well-Known Member

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    Will you be in base housing or a barracks? I'm assuming if you are in barracks you will have to check your weapons into an armory. If you are in base housing, there are other options which might occur to you, although they are not risk free. If your assignment is long term maybe you could find someone to hld them until you met the residency requirements. Seems like a huge pile of BS to me.
     
  9. MA Duce

    MA Duce Central Oregon Well-Known Member

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    "Our civil rights, including the right to keep and bear arms, should not be subject to the whims of a local government or its employees, just because they don't think someone needs' a carry permit. Nobody advocates arming criminals or mental defectives, but honest citizens with clean records should not be denied out of hand.
    "Thanks to our recent victory before the Supreme Court," Gottlieb stated, "the Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs'."


    This passage needs to be mounted on a brass monument in front of every courthouse in the nation.
     
  10. drew

    drew OR Well-Known Member

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    I think it should be in more places than that. City halls, state legislatures, and the Capitol Building come to mind. There's some politicians who wouldn't remember or respect this if it were tattooed on their body. Some of the MAIG members comes to mind for some reason.
     
  11. Buddhalux

    Buddhalux Hillsboro, Oregon Active Member

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    Ya, good luck with that. I had to get rid of a Glock 21, Beretta 84FP, Norinco AK-47, and Norinco SKS when I was sent to that bubblegumhole Ft. Drum.....
     
  12. steveracer

    steveracer Everett, WA Member

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    Been there. Here's the deal:
    Find a friend who will hang on to your hardware PISTOLS ONLY.
    The six months thing IS waived for military.
    Go to the county sheriff in the county you reside in in NY and apply for your permit. (Unrestricted permits are actually quite common in most northern NYS counties)
    Now you get the permit, BUT you can't just bring your handguns in. They have to be legal in NYS first off. You CAN NOT bring magazines into NYS that have a capacity over 10 rounds. (You can "buy them once you get there from a guy who had them before 1994" after you are set up)
    Every handgun serial number and caliber/make/model goes onto the permit. Some counties have separate "Supplemental permits" for every handgun. THEN you can bring your handguns into NYS.
    I lived there a long time and have a lifetime NYS unrestricted permit. Ulster county was totally cool. $90, took about three weeks, and is "valid for life unless revoked".
    Best of luck with your move. Your shotguns/rifles are ok as long as they meet NYS bullbubblegum requirements. Think CA-legal, that's basically the same guideline.
     
  13. Artilleryman

    Artilleryman Originally from the central midwest but have reloc Active Member

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    Your best bet would be to speak with your unit commander- every unit I've ever been in would store personally owned weapons in the battery/ company/ troop arms room. That way your s/n's will only have to be recorded at the local unit level, rather than handing 'em over to NY state officials for their database. And being on a federal military installation exempts them from any state restrictions as long as you keep them on post.
     
  14. steveracer

    steveracer Everett, WA Member

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    Felony in NY
    You MAY NOT BRING A HANDGUN INTO NYS without a permit. You may transit THROUGH NYS with a handgun under the federal "peaceable journey" law, but not INTO NY if it is in fact your destination. Go there first, handguns follow AFTER you get your NYS permit. Otherwise you do five years in state pen.
     
  15. Buddhalux

    Buddhalux Hillsboro, Oregon Active Member

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    And if things are still the same way then you'll have to get a letter from your CO just to take them out to clean them, let alone to go shoot them.
     
  16. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    I HATED that when I was in... plus you KNEW the flippin' unit armorer was back there playing around with your stuff.
     
  17. Buddhalux

    Buddhalux Hillsboro, Oregon Active Member

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    Yup, good thing I was drinking buddies with our unit armorer until I moved off post!
     
  18. twa2471

    twa2471 Vermont Active Member

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    Best bet, just leave them with family member till you're OUT A THERE. Don't need no stinking paper work, it just causes more issues in NY. That's why I left Ny and moved back to Vt, my home state. Hard in your case, beaing in the military. And THANKS again for you're service. X 101st 2/17 aircav
     
  19. PosterGuy

    PosterGuy Hillsboro Member

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    You're not bringing a handgun into NYS. You are bringing it onto a federal military installation which does not observe state laws. As long as you bring it on base, and it does not leave the base, you should be fine.
     
  20. Buddhalux

    Buddhalux Hillsboro, Oregon Active Member

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    All of the military installations I was on followed the local laws as well as federal laws.