Pistol permit denied, would appreciate advice - Page 2
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Thread: Pistol permit denied, would appreciate advice

  1. #11
    Join Date
    Sep 2007
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    Johns Island, SC
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    58
    It is incumbent upon you to find out why you were denied. It may be something as simple as mistaken identity, name, or some other error. Or, it could be related to your previous history. Nevertheless, you should be able to get an explanation without a lawyer. If they refuse, a lawyer would be your only recourse. As stated, this could dog you for the rest of your life. Get it straightened out....NOW(while you are young)!

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  3. #12
    One thing I noticed in your story was that your case was dismissed. That means you were not CONVICTED of a felony. I don't know about NY, but here in FL, the question asks if you have been convicted of a felony, not arrested.

    Find out the reason for the denial from the issueing authority. Then you'll have a better idea what to do.

  4. #13
    Quote Originally Posted by Lakeland Man View Post
    One thing I noticed in your story was that your case was dismissed. That means you were not CONVICTED of a felony. I don't know about NY, but here in FL, the question asks if you have been convicted of a felony, not arrested.

    Find out the reason for the denial from the issueing authority. Then you'll have a better idea what to do.
    The NY pistol permit application requires the applicant to disclose any arrest. And Penal Law 160.50 makes the arrest information for dismissed cases available to a licensing office with regard to an applicant. Those records are also with regard to any application for employment as a police officer or peace officer.

    So the arrest will be something you need to address for the rest of your life. But it isn't something you can't overcome.

    My ex had two DWI's and a felony arrest for attempting to obtain a prescription by fraud, and I had a series of protective orders against her. She still got a pistol permit in Erie county after she got clean.

    also, you only have 120 days from the date of the denial to file an article 78 proceeding so you need to act quickly.

  5. #14
    I have to agree with Lakeland, you were arrested NOT convicted. Anyone can be arrested at any time, for anything. Get the reason for the denial & follow up on it.
    My gun is like an adult diaper, I wear it daily & no one has to know, until the day "crap happens"

  6. #15
    An arrest can have an impact on the pistol permit decision, even if it does not result in a conviction. For example, lots of cases get "adjourned in contemplation of dismissal, known as an ACD. If the defendant stays out of trouble for 6 months, the case is dismissed. But the factual premise of the arrest is not resolved. Also, a case may be dismissed for a 4th amendment violation, as in the case of the police wrongfully entering someone's premises and finding a cache of illegal weapons. Case gets dismissed, but the factual premise of the arrest is still a factor.

  7. You didn't say where in New York. I say that because if it's in the down state area, Long Island or NYC, or upstate? If it's LI or NYC you have a snowballs chance in hell of getting a permit. My wife and I belonged to SASS and did alot of shooting and had some time getting one. It was to carry our firearms locked up tp were ever we were going. Bottom line. I now live in the great state of North Carolina. Good Luck And get that Expunged.

  8. Quote Originally Posted by nogods View Post
    An arrest can have an impact on the pistol permit decision, even if it does not result in a conviction. For example, lots of cases get "adjourned in contemplation of dismissal, known as an ACD. If the defendant stays out of trouble for 6 months, the case is dismissed. But the factual premise of the arrest is not resolved. Also, a case may be dismissed for a 4th amendment violation, as in the case of the police wrongfully entering someone's premises and finding a cache of illegal weapons. Case gets dismissed, but the factual premise of the arrest is still a factor.
    New York - yes. Free states in America - no. Thank goodness.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  9. #18
    Join Date
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    Quote Originally Posted by nogods View Post
    Assuming your dismissal qualified, then your case record should have been automatically "sealed" pursuant to NY Criminal Procedure Law section 165.50, unless the DA or the Court gave you notice of intent not to seal it (very rare). Other than the sealing of records, there is no "expunge" provision for arrest records

    However, under section 160.50(1)(d)(iii) even sealed records are available to:

    "any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license,"

    So you will have to deal with the issue whenever you apply for a pistol permit.

    First, you need to find out why the judge denied your permit.

    Did you disclose the arrest on your application? If not, then the failure to disclose itself is reason enough to deny your permit, even for a "shall issue" home defense permit.

    If you disclosed the arrest, then then judge has to have good cause not to issue you a permit for home defense (NY is a "shall issue" state for home defense unless "good cause" is shown for denying the permit.)

    Then maybe after 5 years or so you can go back and seek an expanded permit.
    Nogods has it right.

    But the licensing officer should have provided the reason for the denial. If the charges were dropped you should have been returned to the status you enjoyed prior to the arrest. The judge can see the arrest record but may not have access to the disposition of a juvenile case for a number of reasons. Perhaps the records are even lost. Andd judges are funny when it comes to felony arrests.

    An attorney can assist in getting the disposition for you. It may be a good idea to get a certificate of relief of civil disabilities as well. If you PM me I can help you more as we have a very good firearms attorney on staff at PPA. We'll see if we can get you some answers without having to pay. Perhaps if you talk directly to him and explain the circumstances he can advise you on the best course of action.
    GOD, GUNS and GUITARS

  10. #19
    Join Date
    Mar 2011
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    Quote Originally Posted by nogods View Post
    The NY pistol permit application requires the applicant to disclose any arrest. And Penal Law 160.50 makes the arrest information for dismissed cases available to a licensing office with regard to an applicant. Those records are also with regard to any application for employment as a police officer or peace officer.

    So the arrest will be something you need to address for the rest of your life. But it isn't something you can't overcome.

    My ex had two DWI's and a felony arrest for attempting to obtain a prescription by fraud, and I had a series of protective orders against her. She still got a pistol permit in Erie county after she got clean.

    also, you only have 120 days from the date of the denial to file an article 78 proceeding so you need to act quickly.
    Correction; CPL 160.50 not PL 160.50. Sorry, didn't mean to be picky. Good advice though.
    GOD, GUNS and GUITARS

  11. #20
    Well, There are several reasons why the judge could of turned you down.

    1- Maybe one of your references had something on their record
    2- Some Investigating Officers talk to your neighbors and, if they said something bad that would effect your application.
    3-Did you Submit an Copy of that Charge and, Disposition from the Agency & Court where you were Charged.
    4- Judges Look at the over all picture of yourself( Moral Character) There could of been something in your past that gave the Judge reason to Deny
    What I would do from here is Respectfully Request written Explaination as to the reason or, reasons you were denied. From there Once again Respectfuuly Request an Interview with the Judge.
    Also, your local Police Department has an big part in your Application Status, For Approval and or, Denial. Call and ask to speak with the Investigating Officer But always remember to be Humble and, Respectfull at all times. I would go through all these steps before contacting an Exspensive Lawyer And keep us posted here there are allot of good poeple here that can help.


    Respectfully,
    Trophyhunter
    NRA,NYCCW,PALTCF,FLCCW,ARCCW,DCM,NYSRPA,SCOPE

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