NASSAU COUNTY, LONG ISLAND, NEW YORK, APPLICATION FOR AN UNRESTRICTED, CONCEALED HANDGUN CARRY LICENSE

A ROAD TRIP WITH A HANDGUN: THE CASE FOR UNIVERSAL STATE CONCEALED HANDGUN CARRY RECIPROCITY

PART THREE: PRAGMATIC BASIS FOR UNIVERSAL STATE CONCEALED HANDGUN CARRY RECIPROCITY -- A LOOK AT ACTUAL APPLICATION LICENSING PROCEDURES IN THE SEVERAL STATES

SUBPART ONE: NASSAU COUNTY, LONG ISLAND, NEW YORK FIREARM APPLICATION PROCEDURE FOR ACQUIRING AN UNRESTRICTED CONCEALED HANDGUN CARRY LICENSE

THE CIRCUITOUS, TORTUOUS ROUTE TO OBTAINING MULTIPLE UNRESTRICTED CONCEALED HANDGUN LICENSES AS EXPERIENCED BY OUR INTREPID CITIZEN, MR. RIGHT.

Mr. Wright is a resident of New York State, and, as we previously mentioned, in Part Two of this multi-part series article, he lives in Nassau County, but his corporate offices are in New York City. MrWright first sought to obtain a concealed handgun carry license for his hometown, in Nassau County, Long Island, New York. And, he believed, logically, that once he secured the license, the license would be valid through the entirety of New York, at least, if not valid in any other State. Simple enough, you might think. Simple enough, Mr. Wright thought. Mr. Wright was wrong in his assessment. As he found out, through some digging, New York does not issue one concealed handgun carry license that is good throughout the State for most individuals, unless they are retired, qualified police officers or retired, qualified federal law enforcement officers. Of course, current active-duty New York police officers and current active-duty law-enforcement officers do not require a license to carry a firearm. Their badge and ID is license enough to carry anywhere in the State.Mr. Wright soon learned that a concealed handgun carry license that is issued by the County of Nassau would allow Mr. Wright to carry a handgun concealed in Nassau County and in all Counties within the State of New York, but would not allow him to carry a handgun concealed in any of the five Boroughs of New York City. So, Mr. Wright first decided that, as it made sense for him at least, at the outset, to obtain a concealed handgun carry license in his hometown of Nassau County, he would begin there. If Mr. Wright wishes to carry a handgun anywhere within the five Boroughs of New York City, he would unload his handgun and place it in a locked container during a continuous and uninterrupted trip through the city’s five boroughs. Ammunition must be stored in its own locked container. Both the handgun and ammunition should be stored in the trunk of the vehicle. If the vehicle does not have a trunk, the locked containers must be kept the furthest distance as possible from your person. Of course, Mr. Wright did not know this at the time, but would learn just how complicated and convoluted the laws of New York City, in particular, are, once he became knowledgeable of the City’s firearms’ Rules.

THE PROCESS OF ACQUIRING A NASSAU COUNTY, LONG ISLAND, NEW YORK HANDGUN CARRY LICENSE

So, Mr. Wright went about the arduous task of obtaining a concealed handgun carry license in Nassau County. Mr. Wright learned that the Nassau County Police Department is the issuing agency authorized by law to grant handgun licenses in the county. Mr. Wright then learned that the holder of a valid license may carry a handgun loaded in all counties in the State of New York, except for all five boroughs of the City of New York. Mr. Wright could download an application and, as well, for a handgun license, but once completed, he realized that he personally had to go to the Police Department’s headquarters located at 1490 Franklin Avenue, Mineola, New York 11501 to file it. Mr. Wright also downloaded Nassau County’s “Pistol License Section Handbook.” During some off-time, during the weekend, Mr. Wright sat down to read the “Handbook.”Mr. Wright learned that the Nassau County Police Department issues six types of handgun licenses: one, “Target/Hunting License;” two, “Business License;” three, “Restricted Business License for Armed Guard & Armored Car Guard;” four, “Civilian Full Carry License;” five, “Retired Police Officer/Federal Law Enforcement Officer License;” and, six, “Retired Peace Officer License.”Mr. Wright reviewed the requirements for each type of license and the restrictions, if any, on the licenses. Mr. Wright found it easy enough to rule out several licenses. Since he resided in Nassau County, but his business was in New York, he decided that he would like to apply for a “Civilian Full Carry License.”Mr. Wright then reviewed the actual “PISTOL LICENSE APPLICATION INSTRUCTIONS” that he had printed out along with the “Handbook.” From a quick scan of the Handbook, Mr. Wright ascertained, immediately, that the Application did not provide any space allocation for setting down the type of handgun license the applicant wished to apply for. Mr. Wright wondered, then, whether the “Application” was, for all intents and purposes, an initial application and that, based on Mr. Wright’s responses, and on the basis of the Nassau County Police Department’s initial investigation of him, the Application would either be accepted for further processing, or his Application for a pistol license – any kind of a pistol license – would be summarily rejected. But, Mr. Wright, realized that his initial assessment was wrong, once, after a cursory inspection of the Handbook, he carefully read and memorized important details. He noticed that, on the very first page of the handbook, the NCPD had this to say:"Please note that while pistol licenses are processed as quickly as possible, the present processing time is approximately six (6) months. All applicants will be sent a notice as soon as their license is ready. PLEASE DO NOT CALL TO INQUIRE AS TO THE STATUS OF A PENDING APPLICATION."Mr. Wright’s gaze was drawn to a particular sentence that wasn’t in bold type: “All applicants will be sent a notice as soon as their license is ready.” This sentence proclaimed that the NCPD would, itself, determine what kind of license it would issue to an Applicant, if a handgun license would be issued at all. So, Mr. Wright reasoned, he would not have any choice in the matter after all. The next day Mr. Wright phoned the NCPD and asked to speak to an Officer with the “Pistol License Section” of the NCPD. Once connected to the appropriate Officer, Mr. Wright explained that he was reading through the handbook and he was aware that the NCPD issues six types of handgun licenses and that he is aware of only two that could feasibly apply to him: the “target/hunting license” and the “civilian full carry license.” Mr. Wright explained that he wanted a handgun for self-defense, adding that he was not interested in hunting or for plinking at targets. The Officer replied in an offhanded way that, if Mr. Wright qualified for a license at all, he would not be receiving a “civilian full carry license.” Mr. Wright wanted to know why that is. The Officer pointed out that very few of those are issued. Mr. Wright asked him if the NCPD obtains many requests for “civilian full carry licenses.” The Officer stated that, in fact, many New York residents do want full carry licenses but very few are ever issued. “Who,” Mr. Wright asked, “receives ‘civilian full carry licenses.” The Officer replied: “judges and politicians.” Mr. Wright thanked the Officer for his time and for his honesty and, once he hung up the telephone, he wondered if it would be worthwhile for him to spend the time, which would be considerable, and a sum of money, which would not be inconsiderable, to apply for a handgun license at all, in his own home town, if, at best, he would receive nothing more than a “target/hunting license.” Mr. Wright decided that he would complete the application process.In continuing to read through the application process, it was very clear to Mr. Wright that, if a person, was to receive a handgun license at all – any kind of license, that person would need to be literally squeaky clean. Indeed, one question required Mr. Wright to indicate whether he had received a traffic violation within the last five years and “traffic violation” included “traffic infractions.” This was what the Handbook set forth:“An applicant for the issuance of a pistol license must:

1. Provide two passport-size photos with their application;

2. Reside within the confines of the County of Nassau;

3. Complete the notarized form letter (found in the application package) which states all persons 18 years of age or older who reside with the applicant are aware applicant will be securing a firearm(s) in the residence.

4. Be at least twenty-one (21) years of age or older, provided however, that where such applicant has been honorably discharged from the United States Army, Navy, Marine Corps, Air Force or Coast Guard, or the National Guard of the State of New York, no such age restriction shall apply;

5. Not have been discharged from the Armed Forces under dishonorable conditions;

6. Not have had a license revoked or be under a suspension or ineligibility order issued pursuant to the provisions of Section 530.14 of the NYS Criminal Procedure Law or Section 842-A of the NYS Family Court Act;

7. Not be an alien who is illegally or unlawfully residing in the United States;

8. Not have been admitted to the United States under a nonimmigrant visa subject to the exception in 18 U.S.C. § 922(y)(2);

9. Having been a citizen of the United States, never renounced his or her citizenship;

10. Be of good moral character;

11. Demonstrate the existence of proper cause or legitimate business necessity for the issuance of a license other than Target/Hunting or Retired Officer;

Note: The NCPD may alter a licensee’s classification at any time upon a finding that proper cause/legitimate business necessity no longer exists. Proper cause, like any license requirement stated herein, must be demonstrated each time the license is renewed and at any time upon request by NCPD Pistol License Section personnel. If proper cause is not proven, the license will be modified accordingly to reflect the appropriate classification.

12. Have no prior conviction anywhere of a felony or other serious offense, as defined in Section 265.00(17) of the NYSPL;

13. Have no prior conviction anywhere of a misdemeanor crime of domestic violence;

14. Disclose whether he or she has been the subject or recipient of an Order of Protection or a Temporary Order of Protection;

15. Not be a fugitive from justice;

16. Not be an unlawful user of, or addicted to, any controlled substance as defined in 21 U.S.C. § 802;

17. Not have been involuntarily committed to a facility under the jurisdiction of the Department of Mental Hygiene pursuant to Article 9 or 15 of the NYS Mental Hygiene Law, Article 730 or Section 330.20 of the NYS Criminal Procedure Law, Article 402 or 508 of the NYS Correction Law or Section 322.2 or 353.4 of the NYS Family Court Act;

18. Not have been civilly confined in a secure treatment facility pursuant to Article 10 of the NYS Mental Hygiene Law;

19. Not have had a guardian appointed for him or her pursuant to any provision of New York State law, based upon a determination that as a result of marked subnormal intelligence, mental illness, incapacity, condition or disease, he or she lacks the mental capacity to contract or manage his or her own affairs;

20. Not have a history of suffering from a mental illness;

21. Be free from any mental disorders, conditions, defects or diseases that would impair or affect his or her ability to safely possess or use a firearm;

Note: If an applicant is being treated by a psychiatrist or psychotherapist, he or she must obtain a letter of “no objection” from that caregiver.

22. Demonstrate that no good cause exists for the denial of such license.”

Mr. Wright could deduce from the nature of the questions in the handbook, which were mirrored in thirteen questions that required a simple “yes” or “no” answer, that a “yes” answer was sufficient grounds for immediate disqualification for any handgun license. And, if an applicant were to lie, in the hope that the NCPD might not, through its investigation, uncover the deception – well – the NCPD had that possibility covered as well, for the “Pistol License Application Questionnaire” set forth this:“ANY OMISSION OF FACT OR ANY FALSE STATEMENT WILL BE SUFFICIENT CAUSE TO DENY THIS APPLICATION AND CONSTITUTES A CRIME PUNISHABLE BYFINE, IMPRISONMENT OR BOTH.”Mr. Wright, who is a man of impeccable integrity and honesty would never lie; nor had he need to. He could honestly answer, “no” to each question. Mr. Wright’s main concern – indeed – Mr. Wright’s only concern was that he would likely not receive a “civilian full carry license.” Having reviewed both the Application Questionnaire and the “Pistol License Section Handbook” in depth, Mr. Wright, who was also a man who was methodical and meticulous in attending to details decided that if he were to enhance his prospect for obtaining a civilian full carry license, he should consult with both an attorney and with a professional organization adept at understanding and handling the intricate process of obtaining a handgun license.At the end of the day, after waiting the full six months to obtain a handgun license, issued by the NCPD, Mr. Wright obtained his handgun license: a “target/hunting license.” He was unable to obtain a “civilian full carry license” as issued by Nassau County, his own hometown. Had he been a judge or a politician, instead of a mere “businessman,” as the NCPD Officer explained to him, the outcome would likely have been different. Apparently, the NCPD has determined that the life of a politician or a judge is more valuable than that of an American citizen who is only a businessman. One can only wonder what the founders of this Republic would have said about that!If Mr. Wright wished to acquire a handgun license for self-defense, he realized that he would have to obtain one in another New York jurisdiction. As his business was located in New York City and, as his attorney and other specialists suggested that his opportunity for securing an unrestricted “full carry” license may actually be better once he applied for a handgun license as issued by the NYPD, Mr. Wright now used considerable energy and resources to obtain what he hoped would culminate in his first unrestricted full carry concealed handgun carry license. In the back of his mind Mr. Wright was more than a trifle upset that he – an honest, law-abiding American citizen and a successful businessman who has helped fill the State and City and County coffers with substantial tax dollars, much of which would go to the very police departments bestowed with the singular power to determine how much value to place on his life – should deny him the right of access to a handgun simply that he might exercise his right under the Second Amendment to the U.S. Constitution and deny him one of the most basic of human imperatives: the impulse to defend one’s own life.Would the NYPD treat Mr. Wright just as curtly? Mr. Wright aimed to find out. In the next subpart of this multi-series article, we will discuss Mr. Wright’s experiences involving his application for a New York City unrestricted, “full carry,” concealed handgun license.[separator type="medium" style="normal" align="left"margin-bottom="25" margin_top="5"] Copyright © 2015 Roger J Katz (Towne Criour), Stephen L. D’Andrilli (Publius) All Rights Reserved.