Ronkonkoma, NY –-(Ammoland.com)- Members of Long Island Firearms, New York's foremost on-line firearms enthusiast community, filed petitions against the Police Commissioner of Nassau County to ensure our Second Amendment rights are not infringed.
“This is a step in the right direction” says Steven Blair. He continues to say “As the rise in Nassau County Pistol License applications continue, it's important that the County fulfills its obligation to ensure the process takes place within the proper time frame. Waiting over a year for the issuance of a pistol license is unacceptable.”
The Police Commissioner of Nassau County is refusing to timely process the pistol license applications of Nassau County residents despite the existence of a law requiring the Police Commissioner to do so within six months (Penal Law § 400.00 (4-a.). The Police Commissioner's refusal constitutes a willful and purposeful violation of New York State law.
In a letter sent to members of Long Island Firearms, the Police Commissioner stated that he is aware of the six month deadline cited by Penal Law § 400.00 (4-a), but he believes it is “…not a firm deadline,” and indicates he is not bound by such laws.
In the same letter, the Police Commissioner sought to rationalize the delay, stating that “In recent years due to the downsizing of our Department the pistol unit has operated with fewer personnel. This situation has created a backlog of pistol applications which have not been determined within six months of their submission to the pistol unit.” The Police Commissioner also states that he does not believe that “…meet[ing] a six month administrative deadline would further the public safety interests of Nassau County.”
Clearly, by his words and actions, the Police Commissioner is knowingly and willfully refusing to follow state law; and he has made clear that his decision to disregard the law is calculated, premeditated and deliberate.
The petitions filed today seek an order from a Nassau County Supreme Court Judge requiring the Police Commissioner to perform his mandated duty, under existing law, to process the pistol license applications of Nassau County residents within the six-month time frame required by New York State Penal Law § 400.00 (4-a).
Thomas V. Dale, as the Police Commissioner of Nassau County, is the statutorily designated “licensing officer” within Nassau County, pursuant to Penal Law § 400.00. As the said licensing officer, the Police Commissioner is vested with the statutory authority to issue or deny pistol licenses within Nassau County.
Members of Long Island Firearms and the LI Second Amendment Preservation Association, Inc. came together to take legal action. Long Island Firearms and the LI Second Amendment Preservation Association, Inc. are financially backing the lawsuits, filed today by the law firm of Murtha & Murtha, PLLC.
The petitions filed today are seeking an order from a Nassau County Supreme Court Judge requiring the Police Commissioner to perform his mandated duty, under existing law, to process the pistol license applications of Nassau County residents within the six-month timeframe required by New York State Penal Law § 400.00 (4-a).
What is Section 400.00? Section 400.00 (4-a) of the Penal Law establishes a six-month time frame for the issuance of pistol licenses. Added in 1980, the purpose of the addition of Subdivision 4-a of the New York State Penal Law was made quite clear. It was designed to provide for the expeditious processing of pistol licensing requests. It apparently had been the practice of some gun licensing authorities to prescribe only a few times during the year when applications for licenses would be accepted, and to delay for periods of more than a year the processing of such applications and the decisions thereon. Subdivision four-a was added to compel the immediate acceptance of license applications, and action thereon within six months (McKinney’s 400.00 [4-a] L.1980, cc. 233 and 234; State of New York Executive Chamber memorandum filed with Assembly Bill Number 11309, NYLS Governor’s Bill Jacket, 1980 Chapter 233.) “[Section 4-a] is a great help to the thousands of legal applicants in New York City who must wait eighteen months for an answer to their applications.” (Brief Summary of Provision of Bill A.11309, supra.)
Long Island Firearms is a web based community founded in 2009 to promote a sense of community within firearms enthusiasts on Long Island. You can find us on-line at http://www.LongIslandFirearms.com
Community activities performed by Long Island Firearms members can be found by visiting: http://www.KeepLongIslandClean.org
The LI Second Amendment Preservation Association (LISAPA) was founded in 2011 to promote a vibrant and focused effort to maintain the civil liberties or the people of Long Island New York. Their website is http://www.lisapa.org/
The law firm of Murtha & Murtha, PLLC defends the rights of law-abiding citizens to keep and bear arms, and defends against civil and criminal charges stemming from lawful firearms ownership and use, as well as litigation in defense of licensed firearms dealers in civil liability matters. Their website is http://www.murthalawfirm.com.