Suffolk County NY handgun License holders

hey Guys,

There's only one lawyer that I know of in Suffolk County (or in all of NY state for that matter) that fights the arbitraty rules established by police precincts for issuing pistol permits. He helped me with getting my pistol license back after it was revoked. Murth & Murtha (www.murthalawfirm.com). If anyone's interested in challenging any of the new guidelines, this is the guy to talk to. Or if you have any questions, call and he'll talk to you for free. Just figured i'd spead the word. Good to see someone out there is doing something about the situation. :)
 
This Isn't All Of New York

Good luck to the OP.

But Suffolk isn't all of NY's Counties - in Western New York in Erie County, WE are looked at as tough on granting Unrestricted Carry-Permits but I had my first permit a year and half ago given as Business Carry, and then upgraded after a year to Unrestricted Carry. Other counties have no restrictions.


Outside of New York City (and perhaps Suffolk?), all permits the State gives out are Carry Permits. The counties have the right to add restrictions, Target Only etc., but they are County Regulations. Some counties add restrictions, some don't - quite a few. Some that do are tough like Suffolk, some aren't. New York City is covered under different state law I believe, and it is very tough to get a Carry Permit. (Same as Handicapped Parking Permits - none are recognized in New York City except their own, including New York State's - I have NY State Handicapped Permit and was given multiple parking tickets at $65 each.)

Actually, I've seen information that New York is first in number of Pistol Carry Permits per capita in the nation. Whether this is true and/or takes into account some counties' restrictions I don't absolutely know. But even if not number 1, we must be in the top third of States in number of permits per-capita.

My only complaint about my permit process is that it was lengthy. But all officials, county, law enforcement, judicial etc. that were a part of it, were all very supportive and friendly. Very.
 
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They may have been friendly but that does not change the fact that the assignment of restrictions is purely discretionary. Long Island counties of Suffolk and Nassau have the same permits as those upstate according to penal law. The restrictions hold no legal penalties but can result in the revocation of the permit.

I would not be surprised about the highest per capita. All those "Proper Cause" permits to own are carry permits and since you cannot even touch a handgun in NY without one it would mean many would have to be issued.
 
This could very well be true...but it is misleading nonetheless

I've seen information that New York is first in number of Pistol Carry Permits per capita in the nation.

The key here is the phrase, "per capita" and how it is applied. New York requires a permit for legal ownership. Therefore, all legal New York handgun owners have permits. 100%

Now look at a state which does not require a carry permit for ownership or carry. How many of that state's handgun owners are going to have a carry permit? 0%, I would think.

Look at another state that does not require a permit for ownership or open carry, but does require one for concealed carry. Only a percentage of the handgun onwers are going to get concealed carry permits. it may or may not be the majority of owners, but odds are it won't be all of them.

So, New York may be #1 per capita but essentially it is a BS figure.
 
See what you mean. The comparison with states that do not require pistol permits at all would not be possible

As far as comparisons with states that have required carry permits, the figures I saw were for per-capita of total state population.

But I think we're on the brink of hijacking the thread - a process I may have unwittingly started.

Back to the OPs problems with Suffolk:
 
Found The Ultimate Permit Resource

Hey, everybody. I just wanted to tell the board I found someone in Suffolk who helped me get my handgun license back when I was sure I would never see it again.

I had a license and it got revoked (long story--bottom line: I did nothing wrong). I requested a hearing and got one. But it was pretty much a kangaroo court where I didn't stand a chance.

Then someone told me about this lawyer, James Murtha (the firm is called Murtha & Murtha, PLLC). They have a website. I think it's www.murthalawfirm.com but I'm not sure.

Forget all those lawyer jokes. This guy is a Second Amendment believer like me. His fee was reasonable and he fought it all the way. He sued the police commissioner in something called an Article 78 proceeding and we won! I got my permit back.

Big thumbs up for Murtha & Murtha. Totally cool in my book -- for lawyers that is. LOL. Just kidding. Seriously, they don't charge to talk to you and can tell you over the phone if you have a case. It's worth it.
 
Gee, two separate posts by two different people extolling the virtues of some law firm.
Both just registered and both first time posts. What an amazing coincidence of fate...not. :rolleyes:
Lawyers...go figure.
 
I would gladly be living there still, except for the taxes, the gun laws, some of the people, and the winters. And I can deal with the winters.

Couldn't have said it better myself, I left 2 years ago and my only regret was I didn't do it 30 years earlier.

kenny b
 
LOL. Dude, I'm a mechanic at an armored courier company. I didn't even know someone else on this board had a similar experience with the same lawyers. But it doesn't surprise me. They really are good at helping people in Suffolk with pistol permit issues. I wouldn't have my permit today if it wasn't for their help. I would think you'd want to help spread the word about a great resource for folks with permit problems, rather than make weird comments. Go figure.

Gee, two separate posts by two different people extolling the virtues of some law firm.
Both just registered and both first time posts. What an amazing coincidence of fate...not.
Lawyers...go figure.
 
I don't think too many people here fell off the wagon yesterday. Anyway, back to the topic.... In case anyone is interested, my suffolk-issued NY permit finally came a few months ago--- 6 months to the day. Purchasing is a pain too (the Yaphank shuffle). Good too hear that other LIers are going through with it though.
 
I am in the process of filling out the pistol permit for suffolk county. It says, "has anyone in your household been convicted of a felony or serious offense". Do they do background checks on your significant other? Thank you for any information you can provide me. I do not want to get denied because of a mistake that someone else made. My record is squeaky clean!
 
SCPD will do an extensive background check on you. As for your significant other, I don't know. But I have heard stories of the PD calling neighbors and coworkers, so it's certainly possible. The best advice is this: be completely honest. If your record is squeaky clean, you shouldn't have anything to worry about. If something catches the investigator's eye, you'll probably get the chance to explain it during the interview. Better to be upfront, though, than to have them question you about not mentioning it.
 
1. Lying or omitting is going to result in a denial or revocation faster than anything. Of course if you have someone in your household who "has anyone in your household been convicted of a felony or serious offense" you are probably going to be denied as well. They will use the excuse that they cannot risk that person gaining access to your guns. The best hope is that the felony was a :Martha Stuart" type white collar crime. Your only other hope would be a record from long ago and that you can prove to them how you will secure the weapon so it will be absolutely useless in any emergency and unobtainable by the person in question.

2. They may, they may not run a check on other. They did as recently as 5 years ago call the house to speak with your significant other about giving you a permit. If they say no then you are out of luck and they will refuse to tell you the real reason to protect that person. 20+ years ago I know for a fact they called neighbors as well to ask if they thought you should have one. (For those in Free America this is to simply OWN a handgun!)

3. They open every record on you, even juvenile. If you have a juvenile and "hide it" they will decline you for lying.

4. NY sucks big time and the last time I went in the SCPD pistol dept. they had a sign explaining how owning a handgun is not a COTUS right but a privilege in NYS. Hopefully they have removed it post Heller but I doubt it. You are dealing with the rubber gun patrol.
 
Basically the offense is a class A misdemeanor from 10 years ago. the person in question has been background checked and cleared for government employment (a four month process) and does not have a restriction from being on premises of a firearm. I figure if they deny me because of it, I will appeal. I just don't want to have to hire a lawyer, but I will if I have to.
 
Hi all, I have a couple of questions regarding applying for a Suffolk County Pistol Permit, and have noticed that there has been some really good information offered here that is generally not available elsewhere.

1. A coworker and I are interested in applying at the same time, is it ok if we use some of the same people as personal references? The folks we'll list as references will otherwise qualify, ie they aren't related to us, are Suffolk County residents and have known us for more than a year.

2. Both of us filed Chapter 13 bankruptcy, my friend about three years ago, and I did a year ago. There's nothing delinquent on either of us, and in my case there were mitigating circumstances which prompted filing. Will this cause either of us to likely be denied?

Other than these concerns, we have no other "issues". No arrests, no moving violations, happy homes with spouses supporting our decision to apply, etc.

Thanks in advance for the help!
 
Ox,

You should be good to go. Don't use one another as references, and don't use family members or law enforcement officers. Other than that, you should be fine. If you can use a different set of people to be safe, it wont hurt. But I can't imagine it being a problem if you have overlapping refs.

As far as the chap 13, there shouldn't be a problem. Just be honest about everything. You'll have a chance to explain during the inteview, if they want to know anythign more. But I don't think there is any place that you have to declare that on the app. So unless anyone knows better, I'd say you're set. You will likely have to wait the entire 6 months (to the day). But go for it!
 
It's amazing how it always takes six months to get the license, which by amazing coincidence is supposedly the legal limit they are allowed without notifying the applicant the reason for the delay.

I wonder how many months they sit on them?
 
Denied yesterday :(

I was denied yesterday for a Suffolk County hangun permit in Suffolk County based on two warrents in 1998 and 1999 based on not paying a speeding ticket. Funny, because I included a notarized copy of my DMV license absract showing everything. All fractions occurred prior to being married and owning a home.

My license to date is clean and I havent received any points on my license for over 18 months!

They also denied me due to stating that and I quote:
"Further, your extensive history of Vehicle and Traffic Law violations cast grave doubt upon your fitness to possess a Pistol License. Your driving record shows you to be a persistent violater of the laws of this state and demostrates a lack of compliance with the rules and regualations of another licensing agency".

I need to contact an attorney. DO I have a chance? I heard that if you appeal this through Supreme Court I will get my permit?

Let me know your thoughts.
 
I'm no expert but if you have multiple speeding tickets that went unpaid with arrest warrants issued, as well as other traffic infractions that when viewed as a whole paint you as someone who has been less than responsible in your past I think you have NO chance. They have a wide latitude to grant or deny and have made a judgement in your case based on past behavior. I think a court would agree with them.

I'm not a lawyer, so it couldn't hurt to contact one specializing in licensing issues and get their thoughts.
 
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