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July 27, 2006

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Why Shooters Don’t Like Licenses

Advocates of tougher gun laws are unable to understand the horror that shooters feel when the word “license” comes up. After all, say the anti-gunners, aren’t drivers licensed? And pilots, and just about anyone who has anything to do with anything that moves? Well, here’s an example why we don’t like licensing, and it happened to a co-worker of mine who had a permit to keep two handguns in his home in New York City.

Mr. M, as we will call him, moved from one borough of New York to another, and as required by law sent in his application for a new license with the new address, along with a money order for $340. Time went by, and nothing happened. When Mr. M called the New York City Police Department, he was told that his permit had been sent to him. Then, after much back and forth, he was told that the permit application had been lost (but not, apparently, the $340 money order). And then he was told that since he had not notified the NYPD of his move, his permit was revoked.

Then followed a Kafka-esque back and forth with the NYPD, who advised Mr. M that since he didn’t have a permit for them, he had to surrender his guns or be arrested. So he did. And, pursuant to Title 38, Chapters 5 and 15 of the Rules of the City of New York, Mr. M requested a hearing, appealing the revocation of his license. He hired a lawyer to represent him and amazingly, the hearing officer found for him. This was on April 3, 2006.

Well, you say, the system works; the system is fair. Not quite. On May 10, a Mr. Thomas Prasso, who is Director (of what he does not say) wrote a letter to Mr. M that says:

“As a result of an administrative hearing held on April 3, 2006. Your license has been CANCELLED. A copy of the hearing report is enclosed.

“This determination concludes the Police Department’s review of this matter. You may appeal this determination by commencing an Article 78 proceeding in Supreme Court within four months of the date of this letter.”

And so Mr. M is out his two guns, which he will never see again, $340 for the money order, and $550 for the lawyer. If he is inclined to spend a lot more money and waste a lot more time, he can indeed pursue an Article 78. But what would you say his odds are of getting his license?
      
Do people go through this kind of s**t when they change the address on their automobile licenses? No, they do not.

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Comments

Barbara

There is nothing wrong with owning a gun and having a safe home,but when you get these right wing pro-gun people who eat,live and breath gunpowder along with watching a dose of the history channel that is when its time to put a hold on things until you can come up with idea of the mentality of the owner themselves.It just seems that alot of the people who try to get things done properly usually end up getting the shaft,while the other route gets ahead. So does it really pay to even get a license, and where does that money go?

Whatsina Name

First of all, if anyone thinks for even one second, that what happened to Mr.M is in anyway "accidental" or "an un-intentional mistake", then they are not just ignorantly kidding themselves, but downright stupid!

The saying: "There is more than one way to skin a cat.", has been considered a valuable bit wisdom by "Paper Shufflers" for as long as they have recognized their own hidden power. It happens way too frequently to be an unfortunate coincidence!

Next, I believe we are doomed to loose our guns. Why? Because, simply too much "Apathy" by those who have the most to loose. American Citizens. Not just Gun Owners, but those who choose not to own guns, but understand that without them, we are all right back in the position we fought to be "FREE" from. Thus, it is all us, every American Citizen who has the right to vote, but more importantly, the ability to fight. To do whatever it takes to turn back the ever-encroaching cancer of Gun Control.

Therefore, until there is a MASS AWAKENING, we are doomed. If it does not come very soon, it will be too late. Once the damage is done, it much harder to repair, then to prevent it.

As for Mr. M... I only hope that by hearing his story, some of you out there will wake-up, and then start shaking every sleeping person you can get your hands on, and Wake them too. Then at least Mr. M.'s costly experience will not be for nothing. Maybe, just maybe, something good might come from it.

John Chambers

First of all, the fact that Director Prasso (who is the Director of the NYPD, Pistol License Division, and a very fair minded individual) LESSENED the punishment from a "revocation," to a "cancellation," is significant. This means that Mr. M will not have a mark on his record that will follow him the remainder of his life. In addition, if he paid only $550.00 for an attorney to represent him at his Administrative Hearing, he deserves to have his handgun license canceled. Just like any other area of the law, there are those who are specialists in this area, and he would have been much better off seeking us out, instead of settling for his local Canal Street lawyer to take him into the lion's den.

At this juncture, an Article 78 would not be the way to go (assuming he could file within the required statutory limitation), but if he re-applied, he would have a high likelihood of success given the fact that Director Prasso converted the revocation to a cancellation.

John S. Chambers, Esquire
www.nygun.com




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