Erie County, NY Pistol Permit Application Process - Page 36
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Thread: Erie County, NY Pistol Permit Application Process

  1. #351
    The sealing provisions of the penal law don't apply to pistol permits. Your records have not been destroyed, they have merely been sealed. The issuing judge will receive a report about all of your arrest, and any you have not disclosed will be grounds for denying your permit.

    BTW - in false arrest cases this is usually one of the items of damages - that even though the case was dismissed and the arrest was illegal, the client nevertheless will have to deal with the issue if he or she applies for a pistol permit or applies for a job in law enforcement.

    When DCJS receives a request for records in those two instances, they include the sealed records as well as the unsealed.

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  3. #352
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    Quote Originally Posted by buffalonian View Post
    on the erie county application there is a question that asks if you have been arrested, accused, convicted, etc, basically ever in trouble with the law. is there any point in claiming this stuff, especially if you have previous YO offenses over ten years ago, even when you know for sure you don't have a criminal record? by you i mean me. thanks
    Disclose juvenile offenses, ACD's, dismissed charges, everything. The investigating officer will have access to everything. Failure to disclose anything, even a juvenile arrest, will most likely result in denial. It's hard to claim not remembering being handcuffed.
    GOD, GUNS and GUITARS

  4. what if the arrest was made outside of the county you are applying for a permit in? in other words, do they just check every county in the state for records? thanks, been a big help

  5. #354
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    Quote Originally Posted by willyNH View Post
    NYS is supposed to tell you at 6 months yea or nay or why they suck so much.

    Good luck.

    -Matt
    Pretty funny! :-)

    Most counties are simply backed-up with applications and reduced staffing. NYS Mental Health background checks came to a grinding halt earlier this year pushing everyone out by weeks/months. The state has made changes to handle the backlog so it's getting better. Counties are starting to catch-up.
    GOD, GUNS and GUITARS

  6. #355
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    Quote Originally Posted by buffalonian View Post
    what if the arrest was made outside of the county you are applying for a permit in? in other words, do they just check every county in the state for records? thanks, been a big help
    Yes. NY will perform background checks for local, state, federal, interpol and mental health records. Honesty is an absolute requirement as they see everything, even juvenile arrests. We have a considerable number of applicants with arrest records for non-violent crimes who are granted permits. They merely need to explain the circumstances of the arrest, show the disposition and take full responsibility when being interviewed. Sometimes we assist a student in getting a "certificate of relief of civil disabilities" from the court of conviction, which indicates the person has lived an otherwise law-abiding life and can be trusted to own a gun.

    I've recently experienced a second denial in nearly 1,800 permits we've handled for students. It was a student from Westchester who was arrested in 1989 for harrassment and again in 2006 for simple assault, to which he copped a plea. The denial letter read as follows:

    "The Westchester County Department of public Safety has recommended that your pistol permit application be disapproved based in large upon their review of your criminal background check which revealed multiple arrests of you, including an arrest in 2006 for Assualt Third Degree. The department emphasized that a relatively short period of time has passed since your last charge, and that the conviction indicated inappropriate temperament for handgun licensing."

    The denial was reviewed by our attorney. After reviewing the file, he believed the applicant should not have been charged with the crime and thought his actions regarding this incident were within the law (NYS Penal Law Article 35 - Defense of justification). Bad lawyering by a public defender. We did not charge the applicant despite him taking all the appropriate training as our attorney did not think this denial could be overtuned at this time. The student was advised to stay clean and try again in a few years. Westchester is a completely unreasonable county. No resident gets an unrestrictede CCW permit without good cause. Yet persons residing in other counties can carry in Westchester.
    Last edited by BC1; 12-01-2011 at 04:35 PM. Reason: Spelling Nazi over my shoulder
    GOD, GUNS and GUITARS

  7. Today I received my second denial letter to have the restrictions lifted from my permit. Both responses stated I did not provide sufficient reasoning for having the restrictions lifted and said I needed to wait until I had my permit for 5 years before asking to have the restrictions lifted. The first time my reasoning was for self defense after previously being robbed at gun point (after a month of having permit). My second attempt was a different approach. I had my permit for a year and a half and had an unrestricted PA permit for over a year. I stated that I wanted to avoid any possible uneasiness from people who may see me transferring from my lock box to my holster once I crossed the NY state line. I also put that my family owns a few acres of land in the country and I wanted to be able to conceal carry my pistol so I wouldn't startle hikers or people I may encounter while on my property but would still be able to protect my family against any wild animals. At this point I throw up my hands to the pistol permit office and admit defeat, I will wait for the 5 years to go by. What's another 3 years 5 months and 15 days anyway?

  8. #357
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    Quote Originally Posted by Mr. B View Post
    Today I received my second denial letter to have the restrictions lifted from my permit. Both responses stated I did not provide sufficient reasoning for having the restrictions lifted and said I needed to wait until I had my permit for 5 years before asking to have the restrictions lifted. The first time my reasoning was for self defense after previously being robbed at gun point (after a month of having permit). My second attempt was a different approach. I had my permit for a year and a half and had an unrestricted PA permit for over a year. I stated that I wanted to avoid any possible uneasiness from people who may see me transferring from my lock box to my holster once I crossed the NY state line. I also put that my family owns a few acres of land in the country and I wanted to be able to conceal carry my pistol so I wouldn't startle hikers or people I may encounter while on my property but would still be able to protect my family against any wild animals. At this point I throw up my hands to the pistol permit office and admit defeat, I will wait for the 5 years to go by. What's another 3 years 5 months and 15 days anyway?
    Even with a restricted permit you may carry your gun on your family's property without issue. May I suggest another approach? Take a concealed-carry class that teaches proper equipment, drawing and handling skills as well as basic personal protection. You might also consider taking a weekend to become an NRA certiied pistol instructor. Judges tend to grant unrestricted permits more often when the applicant has voluntarily improved his skills through education. Instructors generally don't know when or where they'll be teaching so it's difficult to nail them down to a particular location or time. They also provide an important service to the general public in teaching handgun safety. Age and the length of time you've had a permit are also significant factors. Most licensing officers want to see a few years experience before agreeing to upgrade. Hope this helps.
    GOD, GUNS and GUITARS

  9. #358
    Quote Originally Posted by buffalonian View Post
    what if the arrest was made outside of the county you are applying for a permit in? in other words, do they just check every county in the state for records? thanks, been a big help
    All arrest records are reported to and maintained by the New York State Division of Criminal Justice Services (DCJS). Doesn't matter what county you were arrested in, it will get reported back to the issuing judge when they request the records.

  10. I received my letter today from the pistol permit office. 2 year wait in city of buffalo. BC101, you got a ways to go yet. BPD called me in May for phone interview. You don't have to go in person in city. However, my refs weren't contacted until Sept. I'm not sure why that took 4 months. Anyway I'm not angry anymore cause I'm buying myself a glock for christmas. I do have a question for the forum.

  11. That question is :
    On bottom of my letter it says exactly - Note:you must use trigger locks and/or metal lock boxes for storage
    Is that a provision of my permit ? Am I going to have to show a sales receipt for lock box ?
    Above that is says JJC/slt. I have no idea what that stands for. Any help ?Thanks alot and have a great new year!

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