Albany County Pistol License Amendment Request

 

Advertisement One day, I made the decision to be a firearms owner. I wanted to learn all that I could about handguns, and I wanted to carry a firearm for protection. So, I went online to find out how to start the process of obtaining my concealed carry permit. It began at my local police station. In the near future, I am going to be outlining the entire process for obtaining a permit in NY (not NYC).

That’s for another time, though. In New York, nearly every permit issued will come with some administrative restrictions. These restrictions are typically stamped on the bottom of the permit and will say something to the effect of “For Hunting And Target Only”. Ironically, any pistol permit issued in NY is, by nature, a permit to carry a firearm.

The restrictions are just as I’ve said: administrative. If, for example, you are pulled over while carrying your firearm on a restricted permit, you cannot be arrested and your firearm cannot be taken from you. You are legally in possession of that firearm, regardless as to whether you’re carrying it or not.

Albany County Pistol License Amendment Request 2017

However, if the officer who pulled you over wants to mention the fact that you are carrying on a restricted permit to your judge, they are certainly free to do so. And with that happening, your judge is also free to revoke your permit.

Anyway, the point here is that most permits are issued with restrictions. I know, it doesn’t make any sense. Welcome to New York. As with most, my permit had these restrictions in place when it was issued.

I could go buy a handgun now and have it put on my permit, but I technically couldn’t carry it. So, after just 6 months of having my permit, I made the decision to send my judge a letter with the simple request of having my restrictions removed. Everyone told me I was nuts and it would be a complete waste of time. It’ll cost me 20 minutes drafting the letter and $0.44 for the stamp.

I had nothing more to lose. I gave no reason in my letter. I simply asked. I made sure to mention that I have taken safety classes and continuously practice and keep up-to-date with legislation both on the state and federal level. Within 6 weeks of mailing my letter, I received a letter notifying me that my new permit was ready to pick up.

With a 20 minute drive to the clerk’s office and a $10 bill in my hand, I picked up my new permit with no “Restriction” stamp at the bottom. In the eyes of NY, I could now carry a concealed firearm. I called my father immediately who was down in Florida with my mother. “Dad, guess what. I just got back from the county clerk’s office and they gave me my unrestricted permit!” A brief moment of silence, and no doubt some disbelief, my father congratulates me and is excited to return home from Florida.

“Hmm, I think I will try that when I get back. Can’t hurt, right?” As soon as he got back, he began drafting his letter to his particular judge. It’s fun to note here that his judge is pro-gun, while mine seems to be in the middle of the road. He writes his letter after taking a look at mine, just for good measure. When he was finished, he hand delivered it to the clerk’s office and crossed his fingers. Advertisement Four days later, he received a letter in the mail. “The judge would like to see you.” I was out of town when the letter arrived and when my father called me to tell me what it said, the only thing that came to mind was “Crap”.

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He went down to see the judge on the date and time specified. He went before the judge and the judge asked, “Why are you requesting an unrestricted permit?” Many judges want a reason such as “I carry large amounts of cash for work” or “My life is in danger for xxxx reason”. Now while I wasn’t there to witness the response, my father is a very level-headed person and I am certain he expressed some very valid and polite reasons. Still “Request Denied.” And that was that. Here’s the thing.

I’ve had my permit for less than 10 years. My request for an unrestricted permit was done just 6 months after receiving my permit. And my request was granted after just 6 months. My father on the other hand, has had his permit since the 60’s and is a model citizen. He will be trying again using this same method and if he is denied again, will be taking them to court on principle alone. It will likely be a long –but necessary– process.

If you give this some thought, it’s a roll of the dice. It depends on your judge, and it may even depend on their mood on the particular day that your request comes across their desk. I don’t have any contacts down at the county clerk’s office, as many people seem to believe (since I so effortlessly received my permit). Heck, I haven’t even met my judge. However, I’ve had many a friend that have needed to go in front of their judge during the pistol permit application process (and during the process of trying to remove restrictions).

There is no rhyme or reason other than what’s going on in your particular judge’s mind at the time of the decision making (and of course, their views on gun rights and concealed carry). We’ve passed the background check. They’ve spoken with our references. They’ve done their research into our backgrounds. They’ve checked our DMV records and they’ve scanned our fingerprints. Yet after all of this, the decision is still at the discretion of your judge. Doesn’t it seem like a change should be made?

Albany county pistol license amendment request status

I know your post is a few months old but I wanted to say I like you have a Florida CCW License, I lived their for 7 years and it was an easy process. Now that I moved BACK to NY ( I know a dumb move but for the Grand Kids) I had to change it to a NON RESIDENT. I applied for my NY CCW and was told it can take a year or so which is so crazy even though the law states it takes NO MORE than 6 months, if I get a restricted I will fight it and tell the Judge I am not some kid I am 60 years old and hold a Florida CCW and I use to hold a CT CCW for 15 years and a model citizen. We shall see.

Advertisement The State of New York gets a bad name in the world of guns. Living in Upstate NY for most of my life, I can tell you that the vast majority of the state is pro gun.

The problem really lies in NYC, also known as Upstate’s parasite. With that comes gun laws that don’t make a whole lot of sense, and some of the implemented processes are pretty ridiculous to say the least. In this article, I’ll be covering a few of these processes that are simply a PITA for anyone looking to get a permit, and some processes that make gun ownership in the Empire State a real hassle. A Permit Is Necessary To Handle A Pistol If you’re in New York State and want to toucha pistol, you’re required to have a concealed carry permit issued by the state. Since they have zero reciprocity with any other state, it’s an issue for anyone visiting, or for any friends that you may want to take to the range. It’s so strict, you can’t even legally hold a pistol in your hands at a gun shop while you’re waiting for the powers that be to approve or deny your permit.

Imagine how this comes into play when you have someone who is interested in learning how to shoot, and might be on the fence about getting their permit. There is absolutely no way they can fire a pistol –or even pick one up– in NY if they don’t have a permit. It doesn’t matter if they’re under your direct control or not. No permit, no pistol touchy. The Application Process The road to a concealed carry permit is a long and treacherous one. If you’ve got a 9 to 5 job, good luck finding the time to get all of the requirements done in a reasonable time-frame. While the process can be slightly different from county to county, here are the basics that need to be completed:.

Pick up your ‘packet’ from the local police / sheriff station. Fill out the application.

Hunt down a place to get your fingerprints done and pay over $100. Find 4 references that live in the county. Sign up and take the 4-5 hour pistol safety course. Get a copy of your driving abstract from the DMV Once you’ve done all of the above, it’s now time to hand everything in. More often than not, you’ll have to make an appointment to hand in your app and accessories with the sheriff or police chief.

Albany

It’s important to make sure it gets in the right hands, you know. They’ll go over everything submitted to make sure it’s all correct, and then you’re on your way to receiving your permit about 12-14 months after submitting your application. For the record, mine took a cool 13 months from hand-in to receiving. Just shy of 400 days. Yea, sarcasm.

I happen to know for a fact that once the application is submitted, it kinda sits around for a while. Once everything is processed and the application heads down to the county clerk’s office, it’s immediately passed off to a judge for approval. While the judge can take all the time they’d like to finish everything up, they are generally pretty quick about it. At least in Albany County. This leads me to the conclusion that the application sits around at the local police station for months before it goes anywhere useful.

That’s not too productive, but who am I to question the process? Your Judge Is Your Lifeline If you’d like to buy a new gun, your judge needs to approve it ahead of time. If you’d like to get rid of a gun, your judge is the one who removes it from your permit.

If you’d like to co-own a firearm with a relative, your judge has to approve it. If you’d like to do anything, your judge has to approve it.

Change of address? You get the picture.

Each of these events requires an amendment to be handed in. And that process is The Required Amendment Process Is Slow As stated above, amendments are something that comes with the territory of being a concealed carrier in New York. As a gun dealer, I see the annoyed look on people’s faces all the time when they realize what they have to do in order to make a simple purchase. Here’s the process, in a nutshell. Advertisement. Find the pistol you want to buy.

Make a deposit with the gun shop and get the serial number. Fill out the amendment with your information and the pistol information.

Mail in or drop off the amendment to the county clerk. Wait for your judge to approve or deny the addition of the pistol to your permit.

Receive a letter in the mail letting you know that your amendment has been approved. Drive down to the county clerk to pick up your coupon. Bring your coupon to the gun shop to finallypick up your pistol Step 5 can take anywhere from a week to months. Again, we’re talking Albany County, but I’ve heard similar stories from other counties as well. And as a contrast, some counties (in the middle of nowhere) will give you a coupon right on the spot. At the present time, I have a police officer friend who is taking possession of two pistols.

Pistol

He’s going through the amendment process as we speak. It’s been almost three weeks and he still hasn’t received the letter to inform him that his amendment is ready. The worst part is yet to come. Be Thankful If You Get A Pro Gun Judge When the application lands on the desk of a Judge, it’s an application for a permit to carry a firearm. With that, many counties have adopted ‘Administrative Restrictions’ that can be imposed on any and all permits. In Albany County for example, they sometimes simply hand-write these restrictions on the bottom of the permit.

It’ll say something like; For Hunting & Target Only. Remember though, this is a permit to carry a concealed firearm. Legally speaking, anyone with a restricted permit in NY can still carry a firearm on them. If they happen to get pulled over and the officer happens to find that they’re carrying on a restricted permit, they cannot get arrested and they cannot have their firearm taken from them. The officer can, however, let their judge know that they have been carrying on a restricted. In turn, that judge can yank the permit if they feel it’s necessary.

That’s my first-issued permit above. Note the ‘Hunting & Target Only’ writing at the bottom. Once I had the restrictions moved, they simply issued a new permit with no fancy written text on the bottom. While most permits are issued with restrictions, you can always submit a request to have them removed. This is typically done with a simple letter to your judge asking for the removal of restrictions. Some say yes, while others say no.

Dealing with myself and my father’s permits. You’re going to laugh and cry at the same time. Alright, onto the pro-gun judge part. If a judge feels you have too many pistols and are looking to add another to your permit, you could get denied.

Really, it’s a thing. While it likely doesn’t happen often, I’ve seen confirmed reports of it happening. I’ve also heard stories of permit holders handing in an amendment, only to have the judge say “Why does this person have an unrestricted permit?” and proceed to try and add restrictions. If you’ve had judge A for 10 years and they retire or pass away, your next amendment lands on a random desk for the next judge to handle. If judge A was pro-gun and your new judge B isn’t, your concealed carry world could be turned upside down just like that. Doesn’t seem fair, does it?

If You Want To Travel To NYC, You’re SOL Carrying a firearm in New York City, even with a New York State pistol permit, is a big no-no. It’s like they are their own little world, which would be fine if they weren’t actually a part of the state. Side note, I have no problem with separating the two. While I haven’t been to the city in over a decade, I’d have to leave my firearm at home if I were to ever visit. In a place with the highest crime rate in the state, that seems like a pretty ironic way to handle a legally armed citizen especially one from your own state.

Alas, the NYC gods have their own permits they issue, and word on the street is they only have about 2,000 active permits for a city population of over 8 Million people. I don’t have a calculator, but that’s a small percentage. In the end, this is home (for now). While we go through the motions of the different processes that simply waste time on everyone’s end, we can’t help but wonder who is going to step up to get some of these necessary changes made to a flawed and painfully slow system.