What would you do in this circumstance???

I applied for pistol permit and i still have about 5 more months to wait. If law the is followed i should get it in 6 months. But i know someone who is past 6 month mark and hasn't received permit or written notice as required by law stating why they havent received it and i was told by sheriff deputy and clerk to expect to wait 9 months to a year. according to NYS Penal law Article 400 "4-a. 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." and taking into account (also in the law) "15. Any violation by any person of any provision of this section is a class A misdemeanor." AND U.S. code section 242 says its illegal for anyone (i.e. security guards, police, judges to deprive you of you rights guaranteed by U.S. constitution and that they cant say they were following another law as a defense. Should i just wait it out and let them violate my right, or should i wait until they violate my right then do something or let them know they are violating the law now and hope they change so i get my permit on time? If you think about it the people who deal with the permits on a day to day basis could actually face hundreds if not thousands of Misdemeanor charges. I dont want to ruin peoples careers or lives but at the same time they need to follow the law and be held to a higher standard. i also dont want to sue i just want the law to be followed. so what should i do?

...is hit the "Edit" button on the bottom right of your post and apply some formatting (spacing, boldface, italics, etc.) so it's easier to read, so people can offer more and better advice and ask questions.

:hi:


Welcome to DU.

down all together. It's their prerogative.

They have to have a reason to turn me down. Personally i think it would be hard for them to find a reason. i am a military veteran (who apparently according to homeland security veterans are possible terrorists which i am not) who obtained a clearance and carried a pistol for my job. I have no arrests or tickets besides 2 parking ones. What i think i should do is try to talk to Sheriff and let him know this so they can correct issue. If i wait and i dont get permit on time (very high likelyhood) then i will contact FBI and county DA. All i really want is for the law to be followed and to get my permit on time.

the pronoun "I" is always capitalized in English.

Formatting and paragraphing and fewer run on sentences would help readability. Also, you need two spaces after a period, not just one.

I did not know you needed two spaces after a period. As for capitalizing I, I don't do it out of habit because some fonts make "I" look like a lower case "L". Now that you have given me advice on how to type do you have any for the topic?

1 space: | |
2 space: | |
3 space: | |
4 space: | |

So what applies in formal prose, not so much here. Use the non-breaking space colon-sp-colon if you really want to maintain visual formatting:

1 space: | |
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One period will suffice.

setting type by hand: where additional slugs of lead would be inserted at the end of each sentence.

They can make shit up if they like, and you have little to no recourse besides hiring a lawyer. And not to put too fine a point on it, but you've also got little recourse when it comes to making sure things are on time. The FBI can't help you (not their jurisdiction), and the county DA is likely to tell you to take it up with the police. That's the peril of having antiquated laws like the Sullivan Act governing pistol permits.

The Law says they can only delay my permit if its my fault for example they can not contact my references. Now you are right that i cant ensure they give me my permit on time but i can ensure that they are charged with a crime and if they are not charged then i think it would be a interesting story for the media. And yes FBI would have Jurisdiction because a federal law would be violated <http://www.fbi.gov/hq/cid/civilrights/statutes.htm#section242> And if i did not receive my written notice stating why it is delayed that is a misdemenor and so is the fact that i had not received permit unless they have valid reason. Now lets say they said they called my references and could not get a hold of them then a simple check of phone records could verify that and if they lied then thats more charges.

Unless you're in one of the bigger cities in NY, it pays to never underestimate the corruption and/or incompetance of the police. For that matter, the bigger cities aren't immune either.

They're not supposed to but they do, then you get to hire a lawyer to overturn it.

Sounds like you found out the nitty gritty on the laws after you'd talked to them already. No harm in striking up a conversation and asking them why it might take so long in view of the information you've discovered. I wouldn't start out with, "You're violating the law!" but more "Hey guys, what's up with this?"

say Florida. It takes about 90 days to get a concealed carry permit. There are no state requirements like a license to have a pistol in your home. You don't even have to register your handgun with the state.

Florida treats firearms owners like real citizens. Your state treats people interested in owning handguns like undeserving peons and does everything it can to discourage people from exercising their rights under the Second Amendment.

The law states that they have 30 days to either approve or deny an application for a FID card or permit to purchase a pistol. Forget about CCW in NJ.
I applied in April of last year. I contacted the local office in charge of permits about 4 months later, I didn't want my paperwork to vanish or get put on the bottom of the pile. Finally after almost 6 months, I asked someone I know who is on the job but in another town about it (I didn't tell him that I had originally applied). He knew someone in my town and found out that one of my references "failed to respond" (you need to provide 2 references with the application). I knew this was BS because both of my references called me upon receipt of the request and verified my address, etc. I followed up with the local police who finally send out another package, got it back & finally approved my application.
I received my permit and purchased my XD 45 Service pistol the same day. It took almost 7 months.

I would very gingerly approach them and see if you can get the status. Be real nice.
good luck & be safe

That applied for permits say there references have not even been called. Also i hear that when i do get permit and buy pistol it will take 2 to 3 weeks for them to add it to permit (judge needs to sign off on that too) before i can pick the pistol up from gun dealer and carry it.

petty bureaucrats traditionally inflate their self-importance by making people wait. Oft-times the strategy is to make them wait long enough to give up. Their pay does not depend on output so each person they have cooling their heels who leaves in frustration is work they avoid.

The old adage, "The squeaky wheel gets the grease," applies here. Just remember, if you squeak too loudly or to the wrong person and paperwork gets "lost." Regardless what the law says, if you take them to court, I can tell you now that you will run out of money to pay your lawyer before they run out of money for theirs, unless you can get the ACLU to take up your case, which is highly unlikely since they don't think the Second Amendment is an individual right either.

So you are left with the only option, suck it up, wait,and write politely now and then to check. (Mail sent registered is a lot tougher to ignore or deny than a phone call,)

Wait till 2 weeks after 6 month mark and call County Clerks office to see status. Then ask why i have not received my written notice. Then ask to talk to licensing officer (Judge) and play dumb and ask questions about law saying that i dont understand. At 7 months if i have not received permit or If Judge lies to me about law then ill just call FBI to investigate under U.S. Code title 18 section 242. Then possibly call the county District Attorney and say the law is being violated. I am not going to Sue but if you think about it and that Judge has violated other peoples rights he could be charged with a lot of Misdemenors. But i hope i just get it on time and dont have to worry about this. I Think the real reason why it takes so long is because ( a Deputy Sheriff told me) there is only 1 person doing all the backround checks.

I got my CCW permit, in about 2 weeks down here in Virginia.

No permit at all needed to purchase.

This is a glaring example of why most "sensible" gun control is BULLSHIT.

The game is simple. Create a bureaucratic mesh of red tape so hard to cut through that most people won't bother. This sort of thing is precisely what most of the "sensible" gun control people have in mind for "sensible" gun control.

There is nothing sensible about a bureaucratic process that requires 6 months to a year to negotiate.

NICS provides all the background check you need in 5 minutes or less.

Ironic that Jim Crow gun laws in the South have been adopted by "progressive" politicos in the North.

here is the link <http://www.fbi.gov/hq/cid/civilrights/statutes.htm#section242> also here is an example for those who will say my right is not being deprived because i can still get a rifle or shotgun and i just have to wait longer to get a handgun. It would be like saying "well you have a right to freedom of speech and you can talk about anything you want except for who you think should be elected president, but after election you can talk about it". Again that is my opinion. Every citizen has a duty to follow the law and those in positions of "power" should be held to a higher standard.

"Such delay may only be for good cause..."

Like "We are really busy right now"?