Erie County, NY Pistol Permit Application Process

[zeke1975]

Hello all,

Got my Pistol permit in October 2010 in Erie County, restricted to Hunting/Target. Took the Rochester Personal Defense DPS101 class in April 2011, submitted my application to have my restrictions removed May 13th 2011. I was told it could take up to 3 months for a decision, so I wasn't going to call until 3 months had passed. I knew a couple of other guys that got their letters in 2 or 3 weeks. I was kind of surprised when almost 4 months pass and not a word from the pistol permit office. I decided to call today to see what the status was. The nice lady on the phone says "we sent you your approval letter in the first week of June, it must have gotten lost in the mail". I headed down there this afternoon, had my upgraded, unrestricted permit in less than 15 minutes. I got a bit of a chuckle out of the guy at the counter, he told me "man, what's wrong with you, we get lots of people who don't come in for months when we send them a letter saying their permit has been suspended, but usually when we send out upgrade letters we see the guys within a day or two". I sure am glad I called or I'd be waiting forever....

 

[bc101]

Im new to this page an just thought i would write my timeline i know i dont have it bad yet compared to alot of people but i sent my application in may 5th,2011- had my fingerprints done the same day. It is now sept 3rd none of my references have been contacted yet or anything. Im just going for a simple hunting and target pistol permit. I dont want to bother the pistol department to soon but does anyone know if i should call and see where in the process i am or just wait a couple months. I hear people talking who have pistol permits saying im prolly gonna be waiting a long time because kathy hochul just went to congress or whatever and she was just begining to speed the process up can anyone give me any good news haha.

 

[Wintermoon]

Hello all,

Got my Pistol permit in October 2010 in Erie County, restricted to Hunting/Target. Took the Rochester Personal Defense DPS101 class in April 2011, submitted my application to have my restrictions removed May 13th 2011. I was told it could take up to 3 months for a decision, so I wasn't going to call until 3 months had passed. I knew a couple of other guys that got their letters in 2 or 3 weeks. I was kind of surprised when almost 4 months pass and not a word from the pistol permit office. I decided to call today to see what the status was. The nice lady on the phone says "we sent you your approval letter in the first week of June, it must have gotten lost in the mail". I headed down there this afternoon, had my upgraded, unrestricted permit in less than 15 minutes. I got a bit of a chuckle out of the guy at the counter, he told me "man, what's wrong with you, we get lots of people who don't come in for months when we send them a letter saying their permit has been suspended, but usually when we send out upgrade letters we see the guys within a day or two". I sure am glad I called or I'd be waiting forever....

Do you mind if I ask what you put on the application for your reasoning to have the restrictions removed? Also, did you mention the fact that you had taken a class at Rochester Personal Defense?

 

[zeke1975]

Wintermoon,

No problem. I did mention the class, I attached to the county's application the certificate provided by RPD for completion of the class (which also works as live fire training if you want your Florida non-resident permit), a one page description of the class's agenda. I stressed the de-escalation and situational awareness skills taught in the class. I also provided the doc for the NRA basic pistol class I took. I let the judge know I intend to seek more professional training as time and money permit. I also attached a multi page letter detailing the reasons for my request of the removal of my restrictions. I started with a brief history of myself, my history with firearms, firearms training I've taken, detailed my knowledge of Article 35 and how it applies to self defense. I then went into my reasoning for wanting my restrictions removed. I used the following reasons:

1. I spend a lot of time in the rural areas of Catt. and Chaut. counties, camping and hiking, over the last few years coyote and black bear activity has increased greatly, We have family land right next to State land that we hike on. I told the judge I could legally carry a rifle for protection, but would much prefer to carry a pistol as it would be much less likely to scare anyone I came across on the State lands (as the pistol would be concealed)
2. My wife and I geocache for a hobby, we're in areas that are unknown to us quite frequently, both urban and remote rural areas. Sometimes we're in areas that we've run into shady characters, where if I were to dial 911 on my cell phone it could be 20minutes to an hour for police to show up.

I had a co-worker who recently got his restrictions removed read my letter over before I sent it in, lol, he said it looked like a legal brief, and if nothing else the judge would remove my restrictions in hopes I'd never write him again....

 

[Nick Astyk]

From start to finish, the process took me 1 day short of 6 months and i live in Cheektowaga. I submitted my packet on April 1, 2011, fingerprinted on the 6th, my refrences were called july 12-13 2011, and I received my letter on September 30, 2011. I received my actual permit, October 3rd, 2011 with pistol registered on it, best advice, be patient, it moves pretty fast.

 

[BC1]

Do you mind if I ask what you put on the application for your reasoning to have the restrictions removed? Also, did you mention the fact that you had taken a class at Rochester Personal Defense?

We provide sample documents for applicants. Contact me via PM and I'll send them
to you.

 

[jnnorris]

Just got my letter this Saturday (11/05/2011) So I was just around 6.5 months.

Just to update on how my timeline is currently going in Kenmore:

4/20/11 - Submit Application
4/21/11 - fingerprints
8/12/11 - phone call from local police dept
8/15/11 - interview with KPD investigator

From here:
My references have to fill out a 2 page reference form for the Kenmore police department. Once all 4 send that back in, they will turn the paperwork back into Erie county within 7 days.

Detective said that it could be anywhere from 2-4 months after that. Hopefully I should have mine by the beginning of regular hunting season!!

 

[bc101]

I handed my pistol permit application in may,5th,2011 its been almost 7 months none of my references were contacted wrote a email to them no reply. Gonna call to see what the hold up is i just dont understand i live in buffalo ny erie county. Any one think they lost my application or something cause my understanding is from pistol permit holders i know is that atleast my references should of been contacted. Im getting a hunting an target permit i live in black rock could me living in a not so good area make a problem for me to get it. i have no record of any kind most i ever got was a parking ticket in my life. if anyone could shine some light or have any info would be appreciated.

 

[bc101]

i called the pistol permit department today they said its now with the buffalo police department should be sending stuff to my references any day now. im just thinking if i should call my cousin who a buffalo cop to see if he can hurry this process up for me. its not that i need it cause i got other toys its just the fact of haveing it lol il never understand this county so much for NYS laws that say we should have a answer within six months.

 

[buffalonian]

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

 

[nogods]

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.

 

[BC1]

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.

 

[buffalonian]

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

 

[BC1]

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.

 

[BC1]

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.

 

[Mr. B]

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?

 

[BC1]

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.

 

[nogods]

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.

 

[jayrab]

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.

 

[jayrab]

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!