Author Topic: Need help with letter to judge.  (Read 817 times)

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Offline NYRebel13

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Need help with letter to judge.
« on: March 06, 2012, 04:56:59 AM »
I live in upstate NY.  In my county we have restrictions on our pistol permits that reads in bright red letters: "Valid only for hunting, fishing, trapping, or target shooting and transporting weapon for such use".  My father had his permit issued more downstate and in a different county, he doesn't have those restrictions, he can carrry conceal. 
 
I was at the county clerks office the other day and asked the lady behind the counter about getting these restrictions taken off.  She told me I could write a letter to the judge about getting them lifted.  I just saw an article about the Maryland judge that ruled MD handgun permit provision unconstitutional.  I would like to write a letter to the judge but am not vey good with words.  Is there anyone on here that could help me with a more "legal" sounding letter.  Mine would end up sounding like "they can do it and I can't" kind of thing.
 
Thanks for any help you can give me.  I have been delaying buying a more concealable handgun because with these restrictions I really have no use for them.  My big 357 and shotgun are all I need if I can't conceal outside my property.
My biggest fear in life is dying and my wife selling my guns for what I told her I paid for them.

Offline jimster

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Re: Need help with letter to judge.
« Reply #1 on: March 10, 2012, 05:34:16 AM »
I'm not sure about writing a letter to a judge or how to word it, but once upon a time in Michigan counties had different rules for state permits, people just sued the county board in those counties because it was a state permit and not a county permit...they all won far as I know, eventually it got to be such a mess a statewide law was passed that forced the entire state (all counties) to have the same state laws.  As a side note, back in those days the county I live in never bothered to go to court, they issued the permits for those who challenged it before the court date came up, they knew they could not win.  Sometimes someone just has to challenge things in a court of law to straighten out a county having their own rules or different rules.  Would not hurt to write a letter to the judge though.  It's worth a try.  Might ask him if a county can override the state law...?

Offline NYRebel13

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Re: Need help with letter to judge.
« Reply #2 on: March 10, 2012, 05:57:44 AM »
I'm not sure about writing a letter to a judge or how to word it, but once upon a time in Michigan counties had different rules for state permits, people just sued the county board in those counties because it was a state permit and not a county permit...they all won far as I know, eventually it got to be such a mess a statewide law was passed that forced the entire state (all counties) to have the same state laws.  As a side note, back in those days the county I live in never bothered to go to court, they issued the permits for those who challenged it before the court date came up, they knew they could not win.  Sometimes someone just has to challenge things in a court of law to straighten out a county having their own rules or different rules.  Would not hurt to write a letter to the judge though.  It's worth a try.  Might ask him if a county can override the state law...?

That's a good point about the permit bewing a state permit and not county.  I will have to consider that in my letter.  I am drafting a letter as I think of different points to bring up.  After I have enough I will make it into the finished letter.  I don't have the money or know-how to sue the county so for now I am trying the letter.  I know of someone that got his restrictions lifted so I am trying to get in contact with him somehow and find out what he did.
My biggest fear in life is dying and my wife selling my guns for what I told her I paid for them.

Offline LanceR

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Re: Need help with letter to judge.
« Reply #3 on: March 10, 2012, 07:44:26 AM »
Cruise on over to the New York State Rifle & Pistol Association site at nysrpa.org

Check out the Laws and Regulations pages and maybe you'll find something there that can help you.

What county are you in?  Have you checked with any pistol oriented local clubs or pistol dealers to see what advice, if any, you can find there.

Lance

Offline NYRebel13

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Re: Need help with letter to judge.
« Reply #4 on: March 10, 2012, 08:01:53 AM »
Lance, one of the workers at a local gun shop is the one that told me about the guy that had his restrictions lifted.  I almost thought he was a lawyer so maybe he could help me at little or no cost (hopefully) seeing how I am a like minded gun owner like himself.  I am in Clinton county.
My biggest fear in life is dying and my wife selling my guns for what I told her I paid for them.

Offline Delbert

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Re: Need help with letter to judge.
« Reply #5 on: March 11, 2012, 10:03:25 AM »
Honestly, what's the difference between having a hunting permit where you can use a pistol over having a pistol permit to protect one's self? I don't understand. One BIG thing to bring up is that the 2nd Amendment protects AND ALLOWS the right to bear arms(doesn't mention anything between rifles, cannons, pistols, machine guns, shotguns or otherwise anything that hurls a piece of lead/steel out the barrel with the use of a propellant. Where the difference of owning such a weapon of these kinds, is separated by the ATF and Federal/State government with the kind of license/permit you have or can get. A black powder pistol/rifle/cannon falls under a different class of weapon, which again has different rules according to Federal/State guidelines of ownership and useage. A County CAN NOT dictate what kind of weapon you can use(only State/Federal)--even if it's for hunting. This is an INFRINGEMENT UPON YOUR RIGHTS as an American Citizen according to the 2nd Amendment, and what they're doing is "reading their wants/thoughts/wishes into a historical document that was written by our "Fore Fathers", that made sure the PEOPLE have the power and not some individual or local governing body to dictate their own private ideas upon the people. The 2nd Amendment has been won by everybody who's gone to court over the issue. You may need to also write to NRA or another gun protection group to have them look into this, and they(you) may in turn need to write to the Judge's/Lawyer's Board as you're being discriminated against with the 2nd Amendment. County Judge's don't/can't make rules about a Federal Law, let alone an Amendment. This is an abuse of power.
Del