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.

THE PRAGMATIC BASIS FOR UNIVERSAL CONCEALED HANDGUN CARRY RECIPROCITY AMONG THE SEVERAL STATES

A Roadtrip With A Handgun: The Case For Universal State Reciprocity

PART TWO: The Pragmatic Basis For Universal Concealed Handgun Carry Among The Several States

INTRODUCTION

This article is the second of a multi-part series. The purpose of this second article, and of those that follow, is to establish a cogent, coherent case for universal concealed handgun carry reciprocity based on pragmatic grounds. In our first article of this multi-part series, as posted on the Arbalest Quarrel website, we provided you with the legal and moral grounds for universal concealed handgun carry reciprocity and responded to the usual arguments that antigun proponents and zealots raise against implementation of concealed handgun carry reciprocity across the United States. In this segment of our series, and of those that follow, we provide you with the pragmatic grounds for universal concealed handgun carry reciprocity. We illustrate for you the travails encountered by one individual as he attempts to secure for himself a number of concealed handgun carry licenses from multiple jurisdictions that will allow him to protect his life and well-being with the most effective means possible – a handgun – as he travels in and through several States to conduct business. We look at: one, the actual police licensing division handbooks and application forms of particular jurisdictions; and, two, the actual procedures involved in applying for and securing a handgun license.

QUALIFICATION CONCERNING THE MANNER IN WHICH WE DISCUSS THE CONCEALED HANDGUN LICENSING APPLICATION PROCESS IN MULTIPLE JURISDICTIONS

In providing you with and discussing the content of actual licensing handbooks and application forms, and, in setting out the procedures and events that took place for our businessman, whom we employ as a test-bed for illustrating the onerous nature of handgun licensing generally and whose personal experiences form the basis for this exercise, we have taken certain liberties. First, the handgun licensing manuals or handbooks and application forms, that we point to and discuss at some length, are current as of the time that any particular article in this multi-part series is posted. We do this for a couple of reasons: One, firearms laws and procedures go through a process of change in the course of years – often, unfortunately, becoming more draconian and formidable, rather than less so as time passes. If we are going to explain to you the handgun licensing procedures of various jurisdictions, it would be more helpful to you, if we explain the state of firearms’ laws today, rather than yesterday. Two, at the time that the individual, who is the subject of this multi-part series, obtained his first few concealed handgun licenses, police department websites that make it easy to obtain handgun licensing handbooks and application forms were nonexistent. So a person – in this case, our businessman – had to allocate the time to drive to the appropriate police station to obtain the necessary handbooks and forms. And a personal visit often required him to wait in line, for an hour or more, simply to request a copy of the handgun licensing handbook and forms, that he needed, as these documents and forms were not “hanging on a rack” or “sitting on a table” – readily accessible to the public. Second, we have found it difficult to reconstruct the exact sequence of events that our businessman went through to secure his first handgun licenses and it is difficult to reconstruct the precise sequence of events involving renewal of those licenses. So, we have had to attempt, as best we could, to reconstruct those sequence of events. But, keep in mind that the important objective here is to make the point, demonstrably, that obtaining an unrestricted concealed handgun carry license is not a simple endeavor, to be undertaken casually.The process of obtaining even one concealed handgun carry license can be time-consuming, convoluted, and incredibly complex, and, for most of us, quite expensive. Moreover, at the end of the day, there is no guarantee that an applicant will obtain his or her prize. We would hazard a guess that police departments across the Country are, generally, reluctant to issue unrestricted, “full concealed carry” handgun licenses. And, the licensing officers are often given wide latitude and discretion in doing so. If, then, a person is refused issuance of a concealed handgun carry license, that person must go through the ordeal of a police administrative hearing, and, sometimes, administrative appeals that, ultimately, may very well go against the applicant, thus requiring a lawsuit after all administrative all appeals have been exhausted. And law courts, too, are not generally predisposed to find in favor of the applicant who desires a “full carry” handgun license. The standard, in many courts, is “abuse of discretion.” If the applicant fails to prove, through the proffering of evidence, that “abuse of discretion,” occurred in his case, that applicant will end up empty-handed, with nothing to show for the experience but frustration, some not unexpected anguish, and the loss of considerable time and money spent chasing shadows.

THE QUAGMIRE OF HANDGUN LICENSING PROCEDURES

At present, since universal concealed handgun carry reciprocity doesn’t exist, the law-abiding American citizen who wishes to exercise his natural right of self-defense as embodied in the Second Amendment must wade through a quagmire of laws, rules and procedures if he or she wishes to secure a concealed carry handgun license. The application process in the vast majority of jurisdictions across the Country is complicated, expensive, and time-consuming. The law-abiding citizen, who wishes to secure one or more handgun licenses for himself or herself, must exemplify the qualities of patience and fortitude. According to the NRA-ILA, only a handful of States, as of the posted date of this article, allow the law-abiding American to carry a handgun concealed, for lawful purposes.In the following segments, beginning with Part 3 of “A Road Trip with a Handgun” we provide you with a pragmatic look at what the typical law-abiding American citizen must contend with as he undertakes the arduous task of obtaining concealed handgun carry licenses in a multitude of States – licenses he needs that allow him to protect his life as he conducts business across State lines.In what follows, the identity of the businessman, upon whose experiences this exercise is loosely based, has been kept confidential in order to protect his privacy. We have also changed certain details of this person’s life, including the nature of his business, and specific points in time when he actually applied for the various jurisdictional pistol licenses. But, the situations that we discuss here – the hurdles this American citizen, and resident of Nassau County, Long Island, New York, has had to face and overcome to first obtain and then, periodically, maintain his concealed handgun carry licenses – are all true. The point of this exercise, in describing the complexity of securing concealed handgun licenses in several States, is to educate you and to sensitize you to the harsh realities involved in simply securing for yourself the means by which you might best exercise the basic right of self-defense that underlies the Second Amendment guarantee. In a very real sense the sacred right to keep and bear arms that is etched in high relief in our Bill of Rights – a Right that would not exist but for the blood that was spilled by Americans in forging our Nation – must be fought for yet again, but this time Americans must wage war against oppressive governmental bureaucracies that our Nation has devolved into. That this war must be waged at all is due entirely to the efforts of all too many State and federal Legislators and to the efforts of their backers. Antigun proponents and zealots do not recognize or have otherwise long-since forgotten that the average law-abiding American citizen has the right to defend his or her life and if that right is exist as something more tangible than vacuous words, it must be permitted real expression. And this means that Americans ought to be able to defend their lives and well-being with the best means available for namely, through that provided by a firearm.Universal concealed handgun carry reciprocity among the several States would go a long way to safeguarding and effectuating the import of self-defense as embodied in the Second Amendment.

BACKSTORY, CONCERNING OUR BUSINESSMAN

We refer to our businessman, here, by the name Mr. Wright. Mr. Wright has an impeccable, unblemished record: no arrests, no instance of drug abuse, no history of mental illness, no domestic disturbance incident and no physical handicap that would otherwise preclude the issuance of some sort of handgun license. In other words, there is nothing in our businessman’s past or present life and circumstances that could conceivably be ground for immediate rejection of issuance of a handgun license of some sort. That is to say, good cause for denying our businessman the right to possess a handgun or, for that matter, from possessing any firearm does not exist. But, our businessman doesn’t want a restricted handgun license because that would effectively preclude him the use of the weapon for self-defense in many environments, which is precisely why many jurisdictions are loathe to issues such licenses to average, law-abiding Americans. They do not want Americans having access to handguns for self-defense. Yet, our businessman seeks an unrestricted, concealed, “full carry” handgun license or permit for just that purpose: self-defense.But, to obtain an unrestricted, “full carry” license in many jurisdictions, such as New York, there is a higher standard that an applicant must meet. It is not enough to show that good cause does not exist for denying a person the right to possess a handgun. The applicant must show that good cause exists why that person should be permitted the right to carry a handgun, concealed, for the purpose of self-defense, in a public space – that is to say – outside of one’s home or business. In other words, the applicant must show why some aspect of that person’s life places that person in more serious danger than the average law-abiding American faces. That higher standard is very difficult to meet and often requires the assistance of a professional firm that specializes in firearms’ licensing and, in some cases, the expertise of an attorney may be required. And, those services are not cheap. They may very well cost the applicant thousands of dollars.Our objective is, then, to expose, in minute detail, just how difficult it is for most law-abiding Americans – other than those individuals who fall within certain exceptional categories, such as retired police officers, judges, and politicians – to simply exercise their natural right of self-defense as codified in the Second Amendment to the U.S. Constitution.In our next article, we get into the guts proper of what is actually involved in obtaining an unrestricted concealed carry handgun license. We begin by discussing the procedure for obtaining a “Civilian Full Carry License” in Nassau County, Long Island, New York. As Nassau County is our businessman’s hometown, he decided that he would obtain a Nassau County handgun license first. He would learn that a “Civilian Full Carry License” is not easy to come by. He would also learn that, once he received that license, a Nassau County “Civilian Full Carry License” would permit him to carry a handgun concealed anywhere in the State of New York, except for the five Boroughs of New York City. And our businessman, whom we will hereafter call Mr. Wright, will realize, shortly, that, one valid unrestricted concealed handgun carry license is, then, insufficient if one wishes to exercise the natural right of self-defense.So, join our businessman on his journey. Both he and you are in for quite a ride.[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.