|
I live in NYS and just applied for my pistol permit. the law basically says that have to approve it or deny it in 6 months. BUT its backed up wth so many applications it will probably take me 9months to a year. I have no criminal history and served in the military. I decided to do some research into what i can do if they delay it after 6 months without proper cause and this is what i came up with, Oh and it was for myself to remember a lot of points. Please let me know what you think and what i may have missed.
"If a county within NYS fails to follow the penal law regarding Licensing of pistol permit’s then not only have they violated your right to due process protected under the 14th amendment they have also deprived you of your 2nd amendment right to keep and bear arms. Article 400.00 paragraph 4a of NYS Penal code states, “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”.
The 14th Amendment states “Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”. Now if the county doesn’t follow the state law shown above it is failing to provide equal protection under the law and it is abridging your right to keep and bear arms granted by being a U.S. Citizen as set forth in the 2nd Amendment of the U.S. Constitution.
Further more anyone who has caused you to be deprived of the aforementioned is subject to being charged under “Deprivation of rights under color of law” Title 18 U.S.C. Section 242. Which states “This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.”
In the U.S. Supreme Court case D.C. V. Heller the court determined the 2nd amendment was a individual right. However they also stated, “
The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of fire arms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms”.
Now if a State can impose conditions and qualifications on the commercial SALE of arms then in some counties of NY they should not be able to force you to renew your Permit because you have already purchased that firearm. I feel that waiting 6 months or more for a License to carry a pistol or even buy one is an extreme amount of time to have someone to wait to defend themselves. Now that it has been determined that the 2nd amendment is a individual right and that a State cannot make or enforce any law which shall abridge the privileges or immunities of citizens of the United States per the 14th amendment. Then the handgun class of firearms and people who wish to own handguns should not be singled out and should be purchased in the same way rifle or shotguns are purchased.
In the New York Supreme Court case of Joseph L. Colaiacovo V. Richard Dormer the court held that the licensing officer could not revoke the license of the petitioner for failure to “properly” secure his firearm in the home. The Judge in this case cited D.C. V. Heller in that the right to keep and bear arms is a personal right and protected by the 2nd amendment.
This decision also shows that in fact that the state cannot violate a personal right protected by the U.S. constitution and further shows that the 2nd amendment should be incorporated by the 14th amendment to protect it from the states.
Now if 2nd amendment is individual right, and no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, and Title 18 U.S.C. Section 242 which makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S. Then its unconstitutional and illegal for states to prohibit you from carrying your lawful firearms in their state. Especially considering that 46 of the 50 States have something in there State Constitution protecting the rights of individuals to keep and bear arms. Just because you cross a state line should not mean that you cannot defend yourself. Every State is apart of the United States which has to follow the U.S. Constitution and allow U.S. citizens who lawfully own and possess a firearm to carry that firearm in there state for lawful purposes including self defense."
|
Printer-friendly format
Email this thread to a friend
Bookmark this thread
(77 posts)
Send PM |
Profile |
Ignore
