Life in a May Issue State: An Upstate NY Doctor’s Story of the Gun Control Bureaucracy

[reviewadinsert]

By Anthony Ferraioli, MD

I was denied my handgun permit by Saratoga County, N.Y. Mind you, the great majority of applicants are approved, not just in my home county, but in most of the surrounding Upstate New York counties as well, in spite of New York’s regressive policy of may-issue permitting.

I know, because I treat many permit holders in my private psychiatric practice, a mix of civilians along with law enforcement and military.  I also know because I shoot my rifles alongside others at our local shooting range.

In fact, the most common thing I’ve heard since receiving my denial—curiously, dated November 1, 2017 but postmarked December 18 (more on that later)—is: “No way, Doc! You got rejected?”

Sometimes it comes from my patients—folks who have entrusted their own and their family’s lives to me, and, other times it’s from the range officers or other members at my shooting club.

“Yup, I was indeed denied.”

A little about me: I’m a physician specializing in psychiatry. I’ve written eight books dealing with numerous aspects of human emotion and behavior, as well as economics and greed in our culture. I attended Princeton University and later earned a medical degree at Albany Medical College where I interned in internal medicine and did a residency in psychiatry. I regularly serve as a media expert in my field, and have served in various medical capacities including community psychiatry, forensic psychiatry, and testifying as an expert witness. Currently, I have a private practice in Latham, New York.

I was born and raised in the New York metropolitan area, mostly in northern New Jersey. I didn’t grow up with guns or any gun culture Downstate, though my father was a World War II combat veteran. I bought my first rifle (only a background check required) in January of 2017 (a Ruger 10/22) followed a few months later by another rifle (a Marlin 60) to complete the set of classic .22’s.

And I’ve been having a blast with them— no pun intended.  For the past year I’ve gone to the range almost every weekend because I found a community that I really enjoy and want to be part of.

Well, a month or so after buying that first rifle last winter I decided to apply for a handgun target permit. That”s New York’s license to own a handgun. Unusually in New York, Saratoga County requires you to obtain a target license before seeking a carry permit.

I put together all the requisite paperwork—including four recommendations from people who have known me for some years—and had it all notarized.  I called the Saratoga County Sheriff’s Department in mid-February to schedule my appointment to be photographed and fingerprinted, and to submit the application. I had already taken the specific 5-hour basic pistol safety course and written exam required by the County.

I finally had my appointment at the Saratoga County Sheriff’s Department in mid-April 2017 and was told to wait about four months before expecting to hear anything about my application.  In Saratoga County, you can wait somewhere between 4-6 months on average to hear the judge’s decision.

I waited 8 months. And then I only found out because I called the Sheriff’s Department.

Me: “Hello, My name is Anthony Ferraioli and I was hoping to get a status on my handgun target permit.”

Sheriff’s Office Employee: “Oh sure, let me get the folder.”

After a time that seemed a bit longer than I had anticipated, she came back on the line, sounding perturbed and a little upset: “Doctor, this has nothing to do with the Sheriff’s Department, you know. We don’t decide this.”

Me: “Ma’am, that’s okay, can you just tell me what it says?”

“It says you were denied. You mean the judge never mailed you this??”

“No, ma’am.”

“Would you like me to mail it to you?”

“Yes, please, if you would.”

And that was it. Done. Nine months of waiting, for nothing.

Meanwhile, I kept thinking, “Wait. I failed? Me?! I’ve been practicing medicine up here for nearly 20 years as a perfectly law-abiding, contributing member of this community!”

Then I thought, “Did I offend the judge somehow? Did he see a segment I did on TV and not like it? Did someone else who may not like me convince him to do this? What in the world is going on here?” It seemed so arbitrary and unjust.

Saratoga County requires that you wait a year after getting your target license before applying for the concealed carry permit. Then you have to take the prescribed concealed carry course from a specific vendor. If you pass that, you get your concealed carry permit.

I was interested in a faster track, if available, as I wanted to be able to protect myself, having testified in many cases seeking commitment to treatment for violent psychiatric patients as an expert medical witness in the Supreme Court of Albany County. I’ve also provided frequent television commentary on a myriad of controversial stories. So I sent a short letter to the judge respectfully explaining the reasons for my interest in speeding the process.

Yet—denied.

Reason noted on the rejection form? “References not supportive”—no judge’s signature, no one’s. Just a pre-printed form with reason #4 checked—that, and, “If you choose, you may reapply in 2 years”, with the “2” handwritten on a pre-printed blank line.

Well, I asked my references, and they were all very supportive. One of them actually cried, she was so upset for me. Another (one of the TV producers I work with, a concealed carrier himself, and the guy who introduced me to the shooting range) walked away in angry disgust. The third was my best friend who co-authored one of my books. The last is another TV producer—a neat young man who’s into guns and is a self-proclaimed “fan” of my work.

Now, back to those dates on the denial letter and the envelope: the statute of limitations allows only 30 days to appeal a denial. But the Court never sent me the rejection letter. The letter was dated November 1, 2017. By the time I called it was mid-December, and the envelope she mailed me was postmarked December 18th, 2017. So by the time I actually got the letter, it was too late to appeal!

Bottom line: whether my case represents a simple administrative mistake (as I’d like to assume) or something more personal or political, I do not know. Frankly, I don’t care. What I care about is the injustice involved here, as I’ve been denied—on no true, accurate grounds—my right as a U.S. citizen to own a handgun.

My parents came here on a boat from post-war Europe expressly in order that their children should not only have the opportunity to work hard and prosper, but so they would never face the arbitrary injustice that was all too familiar to them.

I love my life. I’m grateful for it.

I love being a physician. I am honored that my patients entrust me with their lives, with the endorsement of the State of New York. I took the Hippocratic Oath again recently at my nephew’s medical school graduation and I take that oath very seriously. In addition, as a psychiatrist—regardless how I feel about it—I’m to participate in making mental health assessments of gun owners under New York’s S.A.F.E. Act.

Except . . . I can’t have a handgun myself.

Arbitrary? Random? Weird? Complete contradiction? You bet. And it needs to stop, especially here in America.

I’m not used to feeling like a victim. I dislike using the term as it applies to my current situation. I just want to learn what happened and correct the mistake in order to improve things for future applicants.

We need to fix this. Not just for me, but also for my kids. And for you and yours.

 

Anthony Ferraioli, MD is a board-certified psychiatrist in private practice in New York state who enjoys target shooting. He often serves as an expert witness in criminal and commitment proceedings. He has written 8 books and frequently discusses mental illness and human behavior on TV and radio.

This post originally appeared at drgo.us and is reprinted here with permission.

comments

  1. avatar Strength & Honor says:

    Move out of the Democratic People’s Republic of New York like so many of us have.

    1. avatar BLAMMO says:

      And there it is, first post.

      Oh sure, it’s so simple. Just rip yourself out from everything you’ve established over a lifetime. Your job, your home, your family, your friends. Just discard them all and move someplace else. I mean, who can’t do that? It’s easy and it doesn’t cost anything.

      1. avatar Drew Christensen says:

        I did it. I spent 2 years gathering all the ducks in a row, and was able to get a transfer out of state to a different branch of my job. It was not easy, it was not without problems, but my family is now in Tennessee and we were able to get out of the oppressive liberal dictatorship that New York State has become. I’ll miss my family and friends in Rochester, but it was absolutely worth it to escape.

        1. avatar Strength & Honor says:

          I did it too. And no, it wasn’t “so simple”. My family, including our burial plots, are all still there, and it does cross my mind that I may not rest with them. So before I get all RF style dark —

          @Blammo: I wouldn’t have suggested it if I hadn’t taken the extraordinary steps to improve my lot in life. I’m not speaking only of firearm laws either. There are countless reasons why NY, including red-er upstate, is not the most desirable locale to raise a family or make a career. If you linger in the area, you just sorta “do a little better”, maybe.

          Maybe instead of making excuses and grunting noises you can take some consideration that not every post is snark or trolling. A good number of the commenters on this site do make thoughtful, if not harsh sounding comments. (Disclaimer, I do troll about the P320 madness. Not directed at Sig, but directed at the writers who ran the ball from the endzone into the freeway outside the stadium trying to make ad revenue off the “scandal”)

      2. Agreed Blammo, many have roots here in NY. WE SHOULDNT HAVE TO MOVE! This is America and this crap needs to stop.

        I hope that Anthony Ferraioli, MD is going to get a lawyer on this.

        For those looking to rally ny gun owners go to nygunforum.com

      3. avatar Howard A McClellan says:

        Let put the blame where it belongs the people who live in New Jersey and New York. You put the socialist liberals in power and now your complaining because your being oppressed. What did you expect a socialist, commie utopia? you voted for it you got it now live with it.

        1. avatar T.Smithy says:

          Hey H.M.,
          I think you got this guy all wrong. I highly doubt he voted them in. Stop attacking our brother in arms, brother. He’s on our side.
          “Let put the blame where it belongs the people who live in New Jersey and New York. You put the socialist liberals in power and now your complaining because your being oppressed. What did you expect a socialist, commie utopia? you voted for it you got it now live with it.”

    2. avatar beefeater says:

      Go ahead and use that defense in court, see what happens.

      1. avatar Kyle says:

        its becoming more and more the only thing you can do in the “May Issue” states.

        just the sad reality of living in this day and age I guess.

      2. avatar Big Bill says:

        “in fact: if there was, say, just ten thousand people in…”
        If, brother. If.
        Otherwise, it’s you against the court.

  2. avatar Mark says:

    Not surprised. New York went full retard a long time ago. Get the fuck outta there.

    1. avatar Joe R. says:

      . . . and come back, with friends, loaded for bear.

      Maybe during a blizzard?

  3. avatar Cubbie says:

    A clear example of why so many don’t want be required to get a permit in order to carry.

  4. avatar Southern Cross says:

    Either you’re not a member of the five families or have no influence at Tamany Hall.

    1. avatar Joe R. says:

      Tiangong-1 is out of the picture, but you can always ask God for a series of meteors to wipe the MFrs off the map.

  5. avatar No York, No Your says:

    Contact the New York State Rifle and Pistol Association. They may be able to help.
    Albany, New York 12210
    Phone: 518-272-2654
    Fax: 518-274-4972
    E-mail: [email protected]

    1. avatar Joe R. says:

      Ask around at the NY Racquet & Tennis Club who’s the new / latest NYC dirty cops selling the permits. http://newyork.cbslocal.com/2016/04/18/nypd-scandal-arrest/

      Careful who your middle men are, your fees may vary (YFMV).

      1. avatar Geoff PR says:

        YFMV?

        1. avatar Joe R. says:

          your fees may vary

      2. avatar beefeater says:

        Saratoga country is about a 3 hour drive north of NYC. No dirty NYC cop will be able to do anything for you in Saratoga.

  6. avatar Raimius says:

    Sounds like you need to involve a lawyer. If you have no red flags, there is no logical reason to deny you your civil rights. Seems like a good 2nd/14th Amendment case to me.

    (Bonus points if you can fit in a “lawyer, doctor, and judge/priest” joke somewhere!)

  7. avatar surlycmd says:

    An injustice for sure. Would one of your range buddies happen to be a lawyer? Be the test case and go to court.

    1. avatar Joe R. says:

      “It can also be more factually substantiated that when, even when, these subversive
      currents reach a stature that they are able to dissolve a society, (societies), they are eventually in turn dissolved thru their own inability to support societies and viable value[s]. After which, self supporting societies again surface through man’s (mankind’s) compilative inductive grasp of it as TRUTH.
      An example of this can be seen in the concept of vigilantism. A person will support the
      concept of law in support of a societal agreement inasmuch as the law supports the societal agreement. When a law binds the hands of the lawful against the attacks of those who ignore the law, the law becomes ignored. A person, or societal agreement, cannot endure the possibility of attack from a foe that hides behind the compulsory legalities that prevent defense or limit preemption. An, albeit weak, example of such a threat would be a thief who perpetrates violent theft or battery in airport terminal where nearly the entire population is completely disarmed and incapable (handicapped) of an equal and overwhelming defense.
      Even more egregious is such an attack when it comes from a compulsorily supported
      collective defense, i.e. a corrupt government; a crooked police officer; a rogue military; an abusive teacher or cleric; a biased mass media, etc. It is especially so, because these groups not only require greater subjugation of personal needs [not “will”] in deference to common authority, they also, often, require considerable outlay of personal resources in their continuance (Bis interimitur qui suis armis perit) [7].

      Focusing more directly on the rule of law, it has to be understood that written law,
      legislation, and the rule of law is deferential and subservient to the parties of a society in a manner that is not also totally supportive of society, and as such here it is not necessary to be a defined term.

      Law, though, does rest on the bedrock of each society, [each] society does not rest on the bedrock of law, and again, it cannot be stressed enough that they are not necessarily mutually supportive. Remove all of the aforementioned exhibition of what law is, and the pressure of societal agreement will remain to build the next incarnation of law upon. (see figure 6)” [J.M. Thomas R., TERMS, 2012, Pp. 36-37]

  8. avatar former water walker says:

    Comes across a mite elitest…”I’m a doctor plebian”. No you’re just a guy with guns. Mebbe a brib…er political contribution will fix everything.

    1. avatar John in AK says:

      Perhaps to you, yes. To the rest of us, no.

      How about if his example had explained that he was a commercial pilot, in charge of passenger aircraft with capacities in the hundreds of souls, certified by the FAA and his airline corporation to fly across oceans as commander of a jetliner, with stringent, mandatory every-six-month flight physicals including psychological testing and regular random breath and blood chemical testing to ensure his sobriety, plus regular and random flight-proficiency checks with a lead pilot and a government inspector, along with his having passed a rigorous Federal background check and one by his home state to carry a firearm, and was denied the right to carry a firearm on board his own aircraft, AND was required to submit to screening by TSA every time he went to take command, even while he had the power to send his aircraft and all aboard plummeting to earth should he choose to do so?
      You’d say it was ridiculous.
      That is what THIS man is saying: If he is not ‘suitable’ to carry a firearm, who IS?
      By the way, it is widely held in civilized society that physicians and airline pilots ARE ‘elite.’ It’s hard to argue otherwise. . .

      1. avatar Jjimmyjonga says:

        I thought, as discussed much on this site, that nobody who obeys the law should be denied right to carry? Airline pilots and bus drivers responsible for others safety, yes. No, I don’t think the fact you completed an extra 4 years of school and 4 years training gives one any more of a pleading to be able to carry…same as the judges and politicians and cop families who seem to be the only ones carrying in major costal cities.

      2. avatar Big Bill says:

        This is politics.
        Expecting rationality where politics is concerned means you may want to book a session with the good doctor.

      3. avatar Chris Mallory says:

        This is America, no one is supposed to be “elite”. They put their pants on just like every other man and their waste products stink just like everyone else’s.

    2. avatar raz-0 says:

      I think that’s just your own insecurities coming through. Myself, I took it as being along the lines of “I’m already very heavily scrutinized by the state, and officially trusted by the court that just said I can’t be trusted, WTF?”

  9. avatar ironicatbest says:

    Finger printed and photographs, mite as well of did the arms out, turn to left, turn to right, bend over cough, lift your balls.I ts another reason I don’t like a permit slip from the Gov… And fuckem, carry the firearm anyway, don’t run stop signs,or speed, drive drunk keep the car legal and dont screw up. Your chances of being pulled over and a firearm found are less then needing a firearm and not having it. My advice, fuckem get a gun…Did I just tell someone to break a law? RTKABA.,,, it’s them that are breaking the law

  10. avatar uncommon_sense says:

    I’m not used to feeling like a victim. I dislike using the term as it applies to my current situation.

    Nevetheless, you are every bit a victim. A violent criminal (a man wearing a black robe) has ordered you to do something — under threat of deadly force no less — that you do not want to do and have no righteous obligation to do.

    I encourage you to contact the United States Justice Department and ask them to prosecute the judge (who denied your permit) for Deprivation of Rights under Color of Law. That judge will be facing years in prison and thousands of dollars in fines.

  11. avatar Joe R. says:

    Like your presumed-approved-person attitude. WHO THE FUCK DO YOU THINK YOU ARE fostering a broke (D)1<K anti-gun climate patch of stupid MF-turds out there and think we should get behind you in your sob story?

    Doctors, who so often want to hold the keys of the kingdom [of gun ownership], feeling too 'mortal' in permit denials, registers at FU on my GAF meter.

    There are two people you need to talk to,

    yourself

    and

    GOD.

    Cause you live in NY stupid and you haven't killed enough of the fucking ahole neighbors who needed a job in your state and Federal Representative government to keep those stupid MFrs, that hate you and don't trust you, from positioning themselves to where they can tyrannize you. THEY ARE ALSO TRYING TO EXPORT THEIR STUPID AND TYRANNY. FU for all of that, why don't you diagnose your broken ass shit over there and waste some time writing a book about it and update your professional witness status to wet-turd-shill.

    The only 2 questions remaining are:

    1) WHO THE FUCK ARE THEY? No, really, who the fuck are they, we want names and current addresses.
    2) WHAT THE FUCK ARE YOU GOING TO DO ABOUT IT? Cause if you leave it to US, you are 'THEY', and 'THEY' don't count for anything more than a heat signature.

    FURTHER – tear up half of your credentials for whining.

    1. avatar NotCrazy says:

      Joe R – I think you need the help of a good psychiatrist. If only one were available……

      1. avatar Jjimyjonga says:

        Seems to enjoy using “god ” or “fuck” in most posts…pretty angry it appears.

        1. avatar Joe R. says:

          At least you didn’t say I was wrong.

  12. avatar Harm Uden says:

    That seems like a unfortunate infringements on your rights. Even if you receiving the letter was a honest mistake. The government further trampled your rights simply due to laziness or incompetence. Sadly, this is a common story about government messing with the citizens simply because they can.

    Where I live in Georgia, your first license is about $75, fill out some forms and wait for the background check to get completed. We are a shall issue state and youn will get your license in 60 days. For renewals, its cheaper and faster.

  13. avatar anonymoose says:

    Ah, Latham, NY. I went there when I was looking at colleges years ago. It also happens to be my last name. The SAFE Act was passed while I was a Senior at Case Western, so I’m glad I didn’t go to RPI, even though it’s a cooler campus and has a real hockey team.

    1. avatar beefeater says:

      Have you been paying attention? RPI’s hockey team has been a joke for the past 2 seasons. I’m a fan of the team, but these past couple of years have been tough.

  14. avatar OneIfByLand says:

    File an Article 78 against the county for an arbitrary and capricious decision not only for the denial, for the failure to notify you in time to seek an appeal (although you should give the county an opportunity to address the latter, which will allow you to appeal the former first) – if they deny your appeal based upon the timeline that they missed, Article 78 it. But, I’m not a lawyer. I just play one on TV….

    (Article 78 is the law in NYS by which you can challenge a government entity for failing to meet their own laws, rule, regulations, polices, processes or procedures and/or have made an arbitrary and capricious decision).

    1. avatar Garrison Hall says:

      Not sure how NY does it, but you might try an end-run around the judge’s decision by becoming a reserve sheriff’s deputy. There’s actually quite a lot that a physician and psychiatrist would have to offer a local sheriff’s department. Talk to your local sheriff about this. You might just get to carry your handgun and do some useful work helping the sheriff get rid of loonies and keep his department on an even keel.

  15. avatar Hannibal says:

    The fact that you have to wait 4-8 months and need references that have known you in-state (or in-county) for years just to buy a pistol should be decided as unconstitutional even without the denial and timing issues.

    Additionally:
    “Processing of license applications. Applications for licenses
    shall be accepted for processing by the licensing officer at the time of
    presentment. Except upon written notice to the applicant specifically
    stating the reasons for any delay, in each case the licensing officer
    shall act upon any application for a license pursuant to this section
    within six months of the date of presentment of such an application to
    the appropriate authority. Such delay may only be for good cause and
    with respect to the applicant. In acting upon an application, the
    licensing officer shall either deny the application for reasons
    specifically and concisely stated in writing or grant the application
    and issue the license applied for…”

  16. avatar Imayeti says:

    Tho whole system sounds whimsical, for lack of better term. I would hope a lawyer could establish a case for a prompt appeal. Good luck. Paul, RN, DRGO member.

    1. avatar Matt in FL says:

      The word you’re looking for is capricious.

  17. avatar Ralph says:

    Let’s see. There’s the Broward Sheriff’s Department. There’s the San Bruno Police Department. The ATF that “leaked” guns across the border to the cartels. The FBI who murdered Vicky Weaver. Let’s not even mention Waco. Officer Dan Harless. The charming officer Michael Slager. And on and on and on, ad infinitum. It never ends.

    Yup, this denial proves it. Government is our friend!

  18. avatar johnny go lightly says:

    First you absolutely need to get a good 2A NY lawyer involved. The formal appeals process is called an Article 78. Here is link describing it….

    http://www.sheerinla…le_78_eBook.pdf

    Also, this may sound nuts but…since you are a psych doc you did have therapy as part of your education and qualification. Am I wrong ? If so the powers that be may have used that against you. You could have been denied for having that therapy.

    In any case, get ready to spend around 10 or 20k on lawyers and a couple of more YEARS getting this resolved.

    1. avatar johnny go lightly says:

      Sorry for bad link….try this

      http://www.sheerinlaw.com/article-78/

  19. avatar george lortz says:

    I left N.Y. (L.I.) in 1987 for a job in Fla. Shortly before I left, I visited a gun shop with a friend, who happened to have endured the months-long process to get a pistol permit from the state/county. He could not even hold a pistol he was interested in, in the shop, without producing his license. Shortly after I got to Florida, I decided to get a 9MM. Went to a local shop, and was looking at the display case of 9MM pistols. The salesman came over, and I told him my interest, but would need to hold the gun, as my hand was not overly large. Imagine my surprise when he took 6 guns out of the display, laid them on the counter, and said, ‘check these out, I’ll be right back.’ Get the hell out of N.Y. while you can

  20. avatar Tom in Oregon says:

    4 months to do a BGC. That’s messed up.

    1. avatar Hannibal says:

      4 months is a very optimistic estimate… I’ve heard from others who had to undergo a full process (including waiting for appointments to even get an application) that was a year or more.

    2. avatar Sc says:

      want to hear the height of lunacy? many counties insist that you purchase a pistol prior to applying for a license. A pistol that you are not allowed to touch when deciding to purchase. You then have to leave the paid in full pistol with the the dealer until you get approved. you get a “coupon” to then give to the dealer who then gives you your gun. If you are rejected, you have to either give the gun to the dealer, transfer it to a licensed individual, or sell it through that dealer.
      When you want buy additional handguns, you have to buy them, leave them with the dealer, and then apply for an amendment to your permit. Of course your amendment request might be rejected, and see steps above. If your amendment is accepted, they give you a new permit with the new handgun listed on it, and another coupon to go pick it up. The best part is the letter that accompanies the coupon which starts out with “Permission has been granted…” My county takes upwards of 2 months for each amendment request. I also have to submit to a home safe inspection by the county police every so many amendments to prove I am maintaining adequate storage facilities. The cops are usually polite and professional, but good God what a bleeping invasion, and absolute trampling of my civil rights.
      The real clincher is that applying for an amendment gives the new issuing judge the authority to review your initial permit application , and can revoke or administratively restrict your permit if they feel your “good cause” is no longer applicable or valid. Nice, right?

  21. avatar Rusty Chains says:

    Concealed carry reciprocity would have fixed this. You could have gotten a Florida permit and told the judge to f himself. Unfortunately that useless faux Republican Senate Majority Leader, Mitch McConnell screwed us by delaying the bill over and over, and Trump just ignored him doing so.

    1. avatar uncommon_sense says:

      Rusty Chains,

      I believe all of the versions of national reciprocity require that states honor RESIDENT concealed carry licenses from other states.

      If that is correct, then it would not do the New York state psychiatrist any good to obtain a non-resident Florida concealed carry license.

  22. avatar Pete says:

    Dear Doctor,
    As a former New Yorker (born in Yonkers) I can tell you that you would LOVE Arizona. Lower taxes, mild winters and very liberal (in the good sense) gun laws.

    1. avatar Big Bill says:

      Agreed. 🙂

      Since the word “capricious” is being bandied about so much, why is the “Name” and “Email” line sometimes filled in when I make a reply, and sometimes not?

  23. avatar Geoff PR says:

    Doc, please consider hiring the best 2A lawyer you can find and and press this *hard*…

  24. avatar ATTAGReader says:

    You must have gotten on the wrong side of the judge or someone else in law enforcement in one of your testimonies or TV spots. Shows the corruption of “may issue.” OTOH years ago I had a friend in college whose dad was able to get a carry permit in – cough – Manhattan. None of us asked how he managed that feat, but all of us being from the NYC area we did not have to. He was in a business where merchandise that would have been attractive to a precinct captain’s wife or girlfriend might occasionally fall off the truck. Like others who comment here, I left NY decades ago and have never looked back.

  25. avatar Pg2 says:

    That sucks…now maybe you understand what it feels like when parent in states like CA have their rights violated and are forced to vaccinate their children against their will because they cannot homeschool.

  26. avatar Joel says:

    Ok no one else has asked but I gotta know….

    What kind of pistol is that!?!?
    It looks like the stunted offspring of a Berretta 92 and a CZ 75…..

    Is it a Taurus 380 copy of the berretta design? I know the Taurus 92’s have a frame mounted safety. Not that small though…

    On the topic of the post, it sucks to have a supposed right to be treated like a privilege. I’m in Texas, and I was pissed at how much time and money it took to get legal after Arora, CO happened. I started carrying soon after that, but it took 9 months before I could save money for a gun, then for a class, then for the fees , then the wait.
    And I’m in a supposed free state.

    Things have improved since then, but it still pisses me off. People should be allowed to arm themselves unless/until they are proven to be unsafe to society. Not the other way around.

  27. avatar AFGus says:

    I would “never” remain a resident of any State who willfully disregards one of our most sacred Civil Rights under the US Constitution. I know….many people say it’s not so easy to uproot yourself and your family (if you have one), and relocate to a State that actually conforms to the Constitution and Bill of Rights, but where there is a will, there is a way if you genuinely believe in your Constitutionally guaranteed Civil Rights and refuse to be denied those rights. I moved to North Carolina after retiring from the USAF in large part because it is a very 2nd Amendment friendly State….at least to this point. I can guarantee that if that ever changes, I will sell my house and be on my way to a State that still abides by the US Constitution and 2nd Amendment as quickly as is humanly possible. I didn’t spend 22 years in the military to have my Constitutional rights denied to me. Whatever it takes, I will exercise my rights to bear arms until I take my last breath on this Earth. If I have to move to different States to accomplish that, so be it.

  28. avatar Ted Unlis says:

    Unbelievable NY residents actually have to apply for a permit to possess a handgun in their own home. Sucks to be a prominent law abiding New Yorker, but it’s on them where they choose to live.

  29. avatar Mike W. says:

    Arizona.

  30. avatar Mr. Deplorable says:

    This sounds exactly like 18 U.S. Code § 242 – Deprivation of rights under color of law. Go after the judge, personal who were supposed to mail the rejection, and anyone else who is in on this scam. As a doctor you should have the money to pay for the lawsuit and you may actually do some good for everyone else.
    I’m not an attorney obviously but I do stay at Holiday Inn a lot.
    I’ve carried since before it was a thing honest people did. I’ve never asked permission or paid a tax for the privilege because it’s a right not a privilege. FL says you must ask permission, go to class, and pay a tax to get a ccw license. Open carry is banned except for a few exemptions. This makes the entire CCW law unconstitutional since there is no way to carry without the BS. There are however some interesting exemptions to the law. It’s almost like they knew it was unconstitutional so they give you an out for free. You can carry if you are hunting, fishing, camping, hiking, and while going to and from such activities. The range also counts. One could argue they were always going to or coming from such activities in this state. I carry a pocket fisherman and my well worn hiking stick in my truck at all times. Nothing in the law says you have to go straight to and from such activities.
    The second amendment is everyone’s carry permit. If the gov. can’t require an ID to vote how can it require a super special ID to carry?

  31. avatar Barry says:

    I’m originally from that exact same area. Probably shot at that exact same gun club. The amount of time and money New York makes you go through is ridiculous. I built my own 1911 out an 80%. Many others, including my neighbor at the time, a judge had unregistered handguns. I changed things best way I knew how, I moved.

  32. avatar Rob says:

    I now live in SC but lived much of my life in Upstate NY where Dr. Ferraioli resides. While I enjoy SC there are many aspects of Upsate NY that I miss including fantastic geography and a population of intelligent, ethical, folks with great work ethic. Upstate NY like everywhere is not free from political prejudice and additionally has the misfortune of being heavily influenced by the liberal democrat sewer at the south east corner of the state. Getting a pistol permit is far easier now than it was when I lived there so progress is being made. Leaving the state is not the answer. I hope the Dr. will investigate comments made by others and fight this injustice so that progress in the “Real NY” will continue.

  33. avatar John in Ohio says:

    “In addition, as a psychiatrist—regardless how I feel about it—I’m to participate in making mental health assessments of gun owners under New York’s S.A.F.E. Act.”

    Assuming participation in these assessments are involuntary on his part, if he isn’t committed to giving a positive mental health assessment of each and every application that comes before him then he loses any sympathy from me.

  34. avatar Adam says:

    I always find the true irony of this “May Issue” garbage being that the people in May Issue States are the ones that need guns the most. I live in Baltimore, there was a double shooting 1 block away from my house a week ago. There are constant drug deals in my back alley. I have had to defend my property with a firearm twice from attempted break ins. All this being said, I still don’t qualify for a concealed carry permit because there is no “good reason” for me to carry a gun.

    I find this ironic because if I moved north 1.5 hours to nowhere PA I would get a permit within minutes. A permit to protect me from the zero amount of crime that most places with gun rights experience.

  35. avatar Patrick C. says:

    Hey Doc,

    As an upstate NY resident with an Unrestricted CCW, who has dealt with some of the issues you encountered, I would suggest:

    1. Find out who the FOIA compliance officer is for your county. Start with the County Clerk’s Office. Contact them; explain your situation, and ask if they can help you. What you want is to get a complete copy of your CCW application file. If the county has no such officer, contact an attorney about FOIAing the pistol permit office directly. You want to see IF one of your references did in fact backstab you. Believe it or not, it happens. A reference will be friendly to your face, and then will trash you when they fill out a reference letter inquiry, or in a discussion with your local PD. If you can find out if that is the case, you likely will have to wait the 2 more years, but at least you will know who NOT to use for a reference next time.

    2. Hire a lawyer, – the best you can find and afford who is also well versed in these kinds of cases. It certainly seems to me that you have a case to file an appeal, but I only stayed in a Holiday Inn last night…, and am not a lawyer or dispensing legal advice.

    3. Log on and consider joining NYGUNFORUM.COM. Plenty of members with helpful advice in these situations.

    4. Move out of NYS. I am actively looking at closing up my businesses and getting out of this hell hole. Enough is enough.

  36. avatar Frank M says:

    I was just told my the NYC rifle/shotgun licensing division that due to a backlog in their new online licensing system I won’t be getting renewal on time (despite giving them a month to approve it) and that once my current license expires to “not transport my gun” since I would face 3.5 years in prison for criminal possession of a weapon should I be caught.

  37. avatar Ranger Rick says:

    New York is obviously a “safer place” following this denial of civil rights.

  38. Either the system screwed you, or one of your references did.
    Maybe one of your trusted friends isn’t as trustworthy as you think they are!
    Is one of them secretly anti-gun, or has recently became anti-gun? Could one of them think they’re trying to “protect you from guns” by writing a reference that would get your application denied, then telling you that they wrote a good reference? I was once screwed in a job reference — not by a bad reference, but because the person missed the deadline after promising they’d send the reference letter on time.

  39. avatar raptor jesus says:

    Get a lawyer, file an appeal – you’ll have an exemption for the rejection due to no notice.

  40. avatar Kenneth says:

    “The letter was dated November 1, 2017. By the time I called it was mid-December, and the envelope she mailed me was postmarked December 18th, 2017. So by the time I actually got the letter, it was too late to appeal!”

    Welcome to the injustice system currently in place in the USA. When I used to run a pawnbrokership I was involved in many a court case. Never did I encounter one done in an honest and ethical faction. Always insider delay or non response until some deadline had passed w/o your knowledge. The bureaucracy(the swamp, or the ‘deep state’) has many, many ways of getting their way, regardless of truth, honestly, legality, or even sanity…
    I can understand why the author does not WANT to believe this, but it is truth regardless of whether he wants it to be so, or not.

  41. avatar Sam Toucan says:

    Meanwhile, scads of disgruntled Northeasters are moving South, so they can enjoy lower taxes, guns, and begin complaining about the lack of services and infrastructure they had “up North”, whereupon they swiftly begin voting in their own kind to raise taxes, ban the Confederate flag, pass laws to prohibit rednecks from shooting next to their newly purchased country estates (horrible to hear that racket, and those godawful chickens! livestock cannot be allowed to lower our property values) and make their new home just as insufferable as the one they fled from.

  42. avatar Don from CT says:

    I understand that SCOTUS has not ruled on carrying a firearm.

    But didn’t MacDonald and Heller SPECIFICALLY have to do with obtaining and keeping a handgun in the home??

    How is this consistent with these decisions??

    This is not a rhetorical question.

    Don

Write a Comment

Your email address will not be published. Required fields are marked *

button to share on facebook
button to tweet
button to share via email