Heller and Suffolk County, NY

[Musketeer]

Many have looked at Heller as some sort of ultimate case which would sweep away all regulations, it is not. One thing it does do though is affirm the right to ownership AND THE RIGHT TO HAVE THE WEAPON READILY AVAILABLE IN ONE'S HOME.

For a long time our friends at the Suffolk County PD have handled Pistol Permits with the outright attitude that owning a handgun is a PRIVILEGE. That was on the wall of the office when you went in to apply. The current handbook lists regulations, which the violation of is grounds for revocation of the permit and loss of your handguns.

http://www.suffolkcountyny.gov/poli... Handbook PDCS-4000i letter size 3-27-08.pdf

DUTIES AND RESPONSIBILITIES
OF A PISTOL LICENSE HOLDER
INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:
....
7. The following safety measures will be accepted as standard practice for the safeguarding of firearms:
UNLOADED and locked in a box or metal container.
UNLOADED and secured in a safe.
UNLOADED with a locking device attached and hidden in a secure location

GROUNDS FOR LICENSE
SUSPENSION OR REVOCATION
The most common circumstances brought to our attention for investigation, suspension and/or revocation include,
but are not limited to:
...
3) Failure to properly safeguard a firearm. This includes but is not limited to those listed under DUTIES
AND RESPONSIBILITIES OF A PISTOL LICENSE HOLDER.
...
6) Failing to comply with the regulations and restrictions in this handbook

In Heller the court specifically took issues with DC's storage requirements which made the weapon unsuitable to its lawful and intended purpose of defense within the home (the limits of the case's scope). The restrictions put in place by the SCPD are therefore in direct violation of the SCOTUS decision with regards to storage requirements.

I am thinking of pushing this with local groups and was wondering if anyone knows of any activities on this front?

 

[DMMikey]

Actually, New York's handgun laws are such a mess that they probably could be challenged from a number of different angles.
Now that gun ownership has been affirmed as a right, the state is wide open for lawsuits for due process and unequal application of a state wide law by counties and by individual judges.
There is no standard for the application process, each county seems to add requirements in no consistent manner, and sometimes with variation not only by county, but by who ever reviews the application. In some counties, judges review them, others seem to have police depts. involved. In Erie county, you apparently have to take a safety course, but in most other counties upstate, you dont. Some places its fairly simple to get an unrestricted permit, some you can get one restricted to home or hunting fairly easily, some you just cant get one unless you can show significant need and/or personal danger, or you have to be politically connected. This has to change.