Help getting Pistol permit in Putnam County, NY


rbenny

New member
Hello to everyone and very happy I've found this site. I'm hoping someone had a similar situation and can help!

I had a applied for a pistol permit in 5/09, had my hearing in Putnam County Court and was denied due to the fact that I had failed to list arrests that happened in 1976 (I was 17 yrs old at the time). I provided the Court copies of the dispositions for the arrests. I explained to the judge that I honestly did not remember these arrests did not intentionally try to mislead the court in any way, but denied anyway. I have an appeal scheduled for 12/11/09 and hoping someone can give me some ideas. Do I need to hire an attorney?

Thanks!
 

At this point I would go with an attorney.If you lose this time you may not get another chance.You need all the fire power you can get.Good luck!
 
I agree. You need an attorney. There is no way that a judge is going to take your word when you say that you "Forgot" being processed.


FYI:
Getting a Pistol License in NY State by Orange County NY Shooters

Each county in the state decides how to implement the state licensing system as outlined under NY State
Penal Law 400. All counties will do a background check and investigation you. You must meet the following requirement in all of the counties. You must:

be a resident of the county that you apply in.
be 21 years old to be issued a license.
have people willing to be character references.
not be barred from owning a gun under federal or state law.
be able to provide a set of fingerprints.
provide 3 recent passport photos.
answer all questions on an application.
provide honest answers to all questions. (Supplying false information constitutes sufficient reason for denial of the application. YOU MUST LIST EVERY TIME YOU HAVE BEEN ARRESTED NO MATTER WHAT THE OUTCOME OR IF THE RECORDS ARE SEALED.)
pay the required fees to the NYSDCJS and your local County Clerk.
sign your application in front of a Notary Public who must fill in the bottom right section.
have all handguns that you own listed on your license.
Some counties might have additional requirements such as the character references must be residents of the county or might have to fill out an additional questionnaire. In some counties you might also have to meet with your investigator and/or licensing officer.
 
Absolutely hire an attorney. They do not care if the case was dismissed because they police arrested the wrong person. Even if you were issued an appearance ticket, that is considered an arrest and must be listed.
 
This looks like it absolutely fails due process of law. An arrest for something is meaningless without a conviction. Any misguided or misinformed law enforcement officer can make an arrest and be proven wrong in doing so after a better review of evidence or exoneration in a court of law. That you would need to disclose the arrest, even if sealed by a court of law, for consideration of a government action is a violation of your rights.
The necessity to disclose an arrest, without conviction, seems to violate the due process provision of the 14th amendment.

Get a lawyer and argue on 14th amendment grounds.
 
It easier to just get out of the state. ny is really tough on permits. I agree a lawyer is the only way out at this time but will most likely take a bank acc to go with it..
left ny along time ago, never looked back.:yu:
 

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