9.14.2023

2:00 PM: now uploading a “Receipt with NYSP flyer.” Be welcomed to download, print, share. There is an on-line appeal “form,” which is a violation of Due Process and other rights against self-incrimination. There’s nothing to indicate a deadline for response from NYSP to an appeal. There’s no instructions for how to take a second administrative appeal to NYS-AG Letticia James. And, there’s no notification that an individual may have other and different rights to pursue an appeal in a court of law, whether state or federal.

It seems there’s no end to the trampling of the Constitution being undertaken by Hochul and her agency heads.

1:06 PM: the NYS Police “appeals” form just uploaded. Horrendous! Due process violations. Fifth Amendment violations. Utter black hole of NYSP attempting to collect more information on the individual - not the NYSP recognizing their responsibility to supply you with the record that supports the denial. Inside-out and upside-down.

12:01 PM: Day two of the take-over of background checks by NYSP and the disaster continues. When I signed off last night, dealers were reporting “404 ERROR - page not found” and “maintenance” messages from the new NYSP system. Today, as day two of “delay,” “deny,” and “processing,” all over the place, we’re rapidly developing a dealer “RECEIPT” to give your customers at the point of purchase. Of course this was an NYSP statutory responsibility! Of course they failed to perform! But, my concern is that every customer who walks away may not know that they have legal rights — the NYSP didn’t give you an equivalent to the ATF brochure for appeals. I should have a .PDF uploaded shortly that will be a free resource for dealers to hand to customers. An individual can also download it to take in to their dealer to share and to use if they receive a “delay,” “deny,” or “processing” response to their attempted purchase.

Paloma Capanna

Attorney & Policy analyst with more than 30 years of experience in federal and state courtrooms, particularly on issues where the Second Amendment intersects with other civil rights.

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9.13.2023