Legislature nixes pistol permit renewals
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UPDATE
3/1/04 While
the press has reported that this part of the bill has been dropped, NO
vote has been taken and it is still part of the budget bill. Saying that
it is dropped is just a way to quiet the phones from ringing. IT IS STILL
PART OF THE BILL! In the End it is still 3 men in a room and if Gov. Mario
Pataki, who is the worse anti-gun gov. that we have ever had, still wants
it in the bill, it will be in the final bill. DO NOT STOP CALLING AND
KEEP UP THE PRESSURE! We want them to think 2 or 3 times befor they
decide to bring this up again. - OCShooters.com——————————————————————This
is the message from Becky Williams, NRA lobbyist, 2/29/04
It is imparitive that we keep up the pressure with the cards and PHONE
CALLS to the Assemblymen Democrats so they will tell Sheldon Silver to
get the gun bill out of the budget.
I read this story when my paper came at five this morning, and even though
this was confirmation of all that I've been hearing, it is certainly encouraging
to see it in print. Now the trick will be to make sure this sticks when
the "three men" get to the room to negotiate the
final product. Although I don't think this scenario is likely,
the problem that we could
run into is that Bruno could say he did his best, but it
was two against one. My administration sources tell me that,
while the Governor certainly
doesn't care if gun owners get screwed, this is not something
that he's going to go after with zeal if he sees that the
budget can be balanced without
any major differences. None of them wants a late budget,
so they're trying to play well together. Silver, we know
would have no problem screwing gun
owners but has his own items he would like stripped out of
the budget and both Silver and Bruno have been out there
saying that many fee increases
the Governor has proposed are unwarranted because the shortfall
is not as large as Pataki projected. I think that between
Bruno and Silver, if each
of their particular concerns have been met (one of Bruno's
being the gun permit stuff), the rejection of the gun fees
will hold. |
From The Lost Target
a web-based news service for gun enthusiasts
The LOST TARGET has a list of every article and letter to the editor about this
subject.
You never know what to expect form Gov. Mario Pataki. He has been a great disappointment for some while. It started in March of 2000 when he proposed his "5 Point Gun Control Plan" that was conceived without any input from the pro-gun community. Then he was a featured speaker at a "Million Mom March" and in August of 2000 he forced his gun control plan to pass the Senate. Now, in an attempt to make up 100's of millions of dollars that he gave to the unions to get re-elected, he has decided that he can raise $31,000,000 from the pockets of legal handgun owners and reduce the number of gun owners and the number of guns that they own all in one bill.
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Passage of this bill will do 8 things.
Received as a forward from PaulGallant2A@cs.com: "Received from a local Rockland GO. Sender's info deleted. I added the emphasis to the bottom! - PG") I just got off the phone with Ryan Karben (young kid, died in the wool democrat, but willing to at least listen). He told me the bill would most probably stay in for a simple reason. If Pataki, a Republican, puts forth something bad for gun owners, also republicans, why should the democrats save him from getting his own people mad at him? We were better off with Cuomo. Also he said I was the ONLY call or letter he got. It wasn't even on his radar screen as far as being important to constituents. |
Comparison
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FEES |
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New License | NOW |
Proposed (S06056/A 9556) |
Fingerprint fee | $99 | $99 |
County Fee | $10 | $?? (Fee to be set by county, no limit. Nassau County is $200) |
State Fee, new license | $0.00 | $100 |
TOTAL $109 |
TOTAL $209 Minimum (County can raise fee beyond current $10.) |
OTHER FEE CHANGES |
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NOW |
Proposed (S06056/A
9556) |
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County |
State |
County |
State |
|
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$3 | $0 | $?? Fee to be set by county, no limit. | $25 |
TOTAL $3 |
TOTAL $28 Minimum (County can raise fee beyond current $3.) |
OTHER CHANGES |
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NOW
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Proposed (S06056/A
9556)
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Expiration date | None, ("until revoked," or lifetime) |
5 years |
Are retired State Police exempt? | Retired State Police are issued license under 400.01. | "Section 400.00 of the Penal Law is amended ..." The proposed bill does not change 400.01 so retired state police get to keep a lifetime license and no fees. |
Are other retired officers from various state and county gov. agencies; police, bridge and tunnel, court, correction among others exempt from the fees. | Current law provides that: "The fee for processing a license or renewal thereof for a qualified retired police officer ...shall be waived in all counties throughout the state." | The proposed law does not change this provision. |
I called
Nassau, Suffolk and Westchester and all
said that they currently wave all fees for retired Police Officers for new and renewed licenses. |
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RECERTIFICATION | None | NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM (NICS) |
When will the bill take effect? | This act shall take effect on the ninetieth day after it shall have become a law. | |
When are Budget Bills suppose to pass? | By April 1st | |
When do Budget Bills normally pass? | Late June, Early July | |
When will all CURRENT license holders have to have their license "CERTIFIED"? | Prior to Feb. 1, 2005, schedule to be set by State Police | |
How often will it have to be "RECERTIFIED"? | Every 5 years | |
How long do I have, (after the 2/1/05 Certification,) after my license expires do I have to apply for RECERTICICATION? | Any license not previously cancelled or revoked shall remain in full force and effect for thirty days beyond the stated expiration date on such license. | |
How long will my license be good for after I apply for CERTIFICATION? | Any application to renew a license that has not previously expired, ... shall thereby extend the term of the license until disposition of the application by the licensing officer. |
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Who issues the RECERTIFIED License? | Your issuing Judge. | |
Can my Judge change the restrictions on my license or add restrictions on an unrestricted license | YES! It is impossible to say how this will work. Every Judge will decide what to do. In general some Judges who issue unrestricted licenses will still issue them and those that don't, won't. |
NOTE: Items in ITALIC are a quote from the bill or current law.
This the quote from the bill explaining how and when the licenses will be recertified. It is impossible to determine from this bill exactly how the process will be implemented. Read it and see if you can decide.
SUMMARY
All current
holders of lifetime licenses will need to have their licenses
certified prior to February 1, 2005. These certifications will expire
on a five- year prorated basis in accordance with a schedule
determined by the Superintendent of State Police.
35 ...any license to carry or possess a
36 pistol or revolver, issued at any time pursuant to this section or prior
37 to the first day of July, nineteen hundred sixty-three and not previous-
38 ly revoked or cancelled, ...
39 ... AND NOT LIMITED TO EXPIRE ON
AN EARLIER DATE FIXED IN
40 THE LICENSE, SHALL EXPIRE NOT MORE THAN FIVE YEARS AFTER THE DATE OF
41 ISSUANCE; HOWEVER, ANY SUCH LICENSE SHALL BE CERTIFIED PRIOR TO THE
42 FIRST DAY OF FEBRUARY, TWO THOUSAND FIVE, IN ACCORDANCE WITH A SCHEDULE
43 TO BE CONTAINED IN REGULATIONS PROMULGATED BY THE SUPERINTENDENT OF
44 STATE POLICE, AND EVERY SUCH LICENSE SHALL BE RECERTIFIED EVERY FIVE
45 YEARS THEREAFTER. FOR PURPOSES OF THIS SECTION CERTIFICATION SHALL MEAN
46 THAT THE LICENSEE SHALL PROVIDE TO THE LICENSING OFFICER THE FOLLOWING
47 INFORMATION ONLY: CURRENT NAME, DATE OF BIRTH, CURRENT ADDRESS, AND THE
48 MAKE, MODEL, CALIBER AND SERIAL NUMBER OF ALL FIREARMS CURRENTLY
49 POSSESSED. SUCH CERTIFICATION INFORMATION SHALL BE FILED BY THE LICENS-
50 ING OFFICER IN THE SAME MANNER AS AN AMENDMENT.
Pataki claims that he needs more
money to update the Pistol Permit
department cumputer files but this is what I found on the 1999 NY
State Police Annual Report: Maintained a file containing more than a million pistol/revolver licenses issued in the state dating to 1936, including 10,388 received during 1999. Information on 1,120,551 firearms is on file. During 1999, a total of 65,632 licenses were amended and 2,149 were canceled or revoked; 90 new firearms dealer and gunsmith licenses were received and filed, and 743 others were renewed. Retail firearms dealers reported 77,423 transactions. During 1999, 14,410 nuisance firearms were destroyed in New York State, as mandated by law, of which the Division destroyed 2,088. Computerization The process of modernizing the Pistol Permit Section's records storage and retrieval system continued throughout 1999, resulting in a number of system and capabilities improvements. Pistol permit confirmations can be accomplished in most cases instantaneously via a search of the newly computerized database. Similarly, it is now possible to conduct a weapon serial number search instantly, whereas prior to this initiative such an inquiry could only be performed on an overnight basis. New data entry requirements have enhanced the section's ability to conduct a much wider variety of inquiries. Searches specific in nature, which would not have been possible prior to these improvements, can now be accomplished. Progress also was made toward the Division's goal of converting nearly 60 years worth of paper records to modern, efficient electronic files. An electronic scanning initiative was begun, with the object of converting more than a million paper documents to an electronic format capable of storage on compact disk. Documents stored in this fashion will be retrievable electronically via computer; the original paper documents then will be either destroyed or archived in another location, depending on their historical or evidentiary value. It is further expected that future technological improvements will allow for the transfer of documents between the section and submitting agencies electronically, with no actual paper being exchanged. |
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Westchester County Firearm Owners Association,
Inc.
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SCOPE's has a flyer to give out.
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THIS IS A LIST OF THE GOP TURNCOATS WHO VOTED
FOR THE ASSUALT WEAPONS BAN. PLEASE CONTACT THEM IF THEY
ARE YOUR STATE SENATOR. Click on the Senators name to go
to their web site. |
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NRA-ILA Grassroots Alert Vol. 11, No. 4, 1/30/04
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From: Senator Bill Larkin Date: 2/2/04 Re: Gov. Pataki's Hand Gun License Proposal Senator Bill Larkin (R-C, Cornwall-on-Hudson) said, "Licensed gun owners do have legitimate cause for concern over the Governor's most recent fee proposal. While I am aware of the issues surrounding this proposal, I do not support these arguments. I am aware of the research from the country's leading criminologists showing that higher licensing fees, mandatory background checks and a crackdown on part-time gun dealers, all changes that went into effect in the mid-1990s, have had little to do with America's drop in violent crime. Law-abiding citizens and sportsmen who have always legally obtained their firearms licenses would be unfairly penalized under the plan. Therefore, I will advocate against this exorbitant fee increase." |
Fee plan threatens gun owners' rights
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Fee hikes a slap to gun owners
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CONSERVATIVES AIM TO SHOOT DOWN PISTOL FEES
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Senate chief shuns fee increases
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Pataki's gun fee proposals spark outcry
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"Lawmakers would be able to
claim that they have not blocked anyone's right to buy a handgun. Instead,
they
would simply make it economically
prohibitive to own them. Activists feel it would not be very long before
many jurisdictions in the state, under the guise of trying to "solve
a crime problem" -- whether real or imagined -- would start charging
exorbitant fees for processing handgun licenses." ...
"The Orange County Shooters
Web site states
that as of January there had been *59,795 guns registered in COBIS. As of that
date,
not one of the registered guns had been linked to a crime. The $12 million COBIS
investment has failed and will probably continue to fail in spite of the $4 million
a year lawmakers will have to spend continue the program."
*This number was corrected from 95,795
There usually has been a longer
lag between when the governor's proposed budget became public and when the
Legislature gears up its joint
fiscal committee hearing process. In addition, the committees traditionally
held hearings on three of the five workdays each week; this year, they've
been told to work four days a week.
Their schedule calls for the committees to
wrap up the process by the week of Feb. 8, the earliest in anyone's memory
in Albany. Sometimes, the process
involving administration commissioners, local officials, state worker unions
and other parties interested in state government spending has gone into
early March.
It all may signal a determination by legislative
leaders to finally enact a budget by the deadline of April 1. The current leadership
of the Legislature
-- Senate Majority Leader Joseph Bruno and Assembly Speaker Sheldon Silver
-- haven't come close in Pataki's 10 years as governor.
In fact, it hasn't been
done by any governor and Legislature in Albany since 1984.
This is what is in part of Gov. Mario Patakie's 04/05 budget under PUBLIC SAFETY & SECURITY under IMPROVING PUBLIC SAFETY the following:
Also under "Contents" on the sidebar for"legislation required for the budget"
UPDATE 1/21/04- New York Sportsmen Alert - Received from: Part I Establish a State licensing fee on pistol and revolver permits and an expiration date for all gun licenses. This bill imposes a State fee on pistol permits. Section 400.00 of the Penal Law is amended to impose State licensing fees on pistol permits. The fee schedule is as follows: a $100 fee is imposed on new and renewal pistol or revolver licenses; a $25 fee for each permit amendment; a $100 fee on gunsmith and dealer licenses; a $25 fee on duplicate licenses; and a $25 fee on license transfers. Additionally, caps on local fees are removed and such fees will be determined by the appropriate county legislature or the New York City Council. This bill also establishes a five-year expiration for gun licenses issued outside of New York City and Nassau, Suffolk, and Westchester counties, where permit expiration dates already exist. All current holders of lifetime licenses will need to have their licenses certified prior to February 1, 2005. These certifications will expire on a five-year prorated basis in accordance with a schedule determined by the Superintendent of State Police. This bill further amends the Penal Law to mandate that for the recertification of a gun license a National Instant Background Check System (NICS) search shall be conducted instead of requiring the resubmission of the applicant's fingerprints. Currently, local fees are authorized in statute for gun licenses. In New York City and Nassau County, local legislative bodies can establish a fee for a pistol license at any amount, whereas in counties outside of New York City and Nassau the fee must be between $3 and $10. Additional local fees for gun dealers, license amendments, duplicate licenses, and license transfers are defined. There are no current State fees. The expiration periods are also set in statute. In New York City, licenses are valid for three years. In Nassau, Suffolk, and Westchester counties, licenses are valid for five years. In all other counties, gun licenses do not expire. With the information acquired through the new licensing process, the State Police will be able to maintain an updated database on all licensed handguns in the State. Better tracking of handgun ownership will aid law enforcement efforts and consequently enhance public safety. * Enactment of this bill is necessary to implement the 2004-05 Executive Budget which anticipates $31 million in new State revenue from this proposal. http://publications.budget.state.ny.us/fy0405articleVIIbills/ppgg_memo.html Thanks to the New York State Rifle & Pistol Association for getting the word out. |