NY pistol permit DENIED!!!

F

firstnonly

New member
Hi everyone,

I'm a resident on Westchester County, in wonderful NY. I'm looking to get some advice on my current pistol permit dilemma.....here it goes:

Applied for a Westchester County pistol permit back in 06, just for sport shooting (no ccw). I waited 8 months for a response and was denied. The denial was based on a disorderly conduct arrest, along with unlicensed operation in 2002. The grounds for denial were that I "Lack the moral character necessary to posses a handgun". I spoke with a layer who informed me about filing an article 78 to appeal the decision, but ultimately he felt I would be better waiting a year and re-applying.

I waited and re-applied in September of 09.............Just got my response in the mail and DENIED AGAIN!!!!!!!!

I have yet again been denied on the same grounds of "Lacking moral character". My record is clean aside from that one incident in 2002. I'm really just shocked that I have been denied again....I guess the fact that I am the responsible owner of 2 long guns doesn't come into play when it comes to a pistol.

I will be filing the article 78 this time, although I'm not that optimistic about the outcome.

Anyone have a similar situation?

Any pointers on how to purse this?
 
It's amazing how little things can come back to haunt you. File the appeal and don't give up.

Good Luck!!!
 
Have you checked or, seen your rap sheet? Call the court where you were charged and, ask for them to seal record. I dont understand why they would deny you. Back in 1996 I was arrested and charged with an felony But, was able to get my permit the case was dismissed agaisnt me. did you have an conviction? then I Respectfully asked the court to seal or expunge my record they did I still told pistol permit office and gave them paperwork but I was Approved Good Luck let us know the outcome.
 
firstnonly said:
Hi everyone,

I'm a resident on Westchester County, in wonderful NY. I'm looking to get some advice on my current pistol permit dilemma.....here it goes:

Applied for a Westchester County pistol permit back in 06, just for sport shooting (no ccw). I waited 8 months for a response and was denied. The denial was based on a disorderly conduct arrest, along with unlicensed operation in 2002. The grounds for denial were that I "Lack the moral character necessary to posses a handgun". I spoke with a layer who informed me about filing an article 78 to appeal the decision, but ultimately he felt I would be better waiting a year and re-applying.

I waited and re-applied in September of 09.............Just got my response in the mail and DENIED AGAIN!!!!!!!!

I have yet again been denied on the same grounds of "Lacking moral character". My record is clean aside from that one incident in 2002. I'm really just shocked that I have been denied again....I guess the fact that I am the responsible owner of 2 long guns doesn't come into play when it comes to a pistol.

I will be filing the article 78 this time, although I'm not that optimistic about the outcome.

Anyone have a similar situation?

Any pointers on how to purse this?
Click to expand...

Got a lawyer? No? Get a lawyer.
 
Same garbage happened to me in Delaware County after waiting 11 months. The "Lack the moral character necessary to posses a handgun" as grounds for denial were used on me too.

Three arrests in my 60 years (No felonies; 2 violations; 1 Misdemeanor that was dismissed, 40 years ago, getting all fingerprint cards back after 6 months) - all openly reported on my application. At the time, I was (and still am) a Licensed Mental Health professional in two distinct professions, in both NY and MA. I had just retired (on a NYS Retirement Pension) as a Forensic Psychologist & was a Certified Trainer for the NYS Commission for Corrections (training LEO's, including the Delaware County Sheriff's Dept.). Additionally, I was already licensed to carry concealed in 28 states.

Studying the NY statues, I found it's apparently the "boilerplate catch-all phrase" that's used to routinely deny issuing the permit by the NY "hacks" when you are dealing with "gun-grabbers" and/or you tick off a Pistol Clerk (maybe you asked too many questions or ?)...the whole system is corrupt, inequitably biased and totally unconstitutional.

You can appeal the denial now under NYS Law, but good luck! It will get drug out for years in "Administrative Limbo".

or

Wait until after the McDonald v. Chicago decision comes down. (I imagine Schumer, Bloomberg, Cuomo, et. al. are crapping their knickers over that one). But don't hold your breath...NY will only go down "kickin' & screamin'".

or

Do what I did - Get outta Dodge!

I solved the problem by moving to the Free State of New Mexico. Now, I carry daily (concealed or open depending on how I feel) a CZ 75 P-01 14 rd 9mm (and keep an AK-47 loaded, cocked & locked in my truck). I'm Licensed to carry concealed in 34 states. NY is not one of them, but that doesn't bother me because I will never go back there again, now that I know how it feels to truly be a free American. :dance3:
 
mkuisi8mo said:
Do what I did - Get outta Dodge!

I solved the problem by moving to the Free State of New Mexico. Now, I carry daily (concealed or open depending on how I feel) a CZ 75 P-01 14 rd 9mm (and keep an AK-47 loaded, cocked & locked in my truck). I'm Licensed to carry concealed in 34 states. NY is not one of them, but that doesn't bother me because I will never go back there again, now that I know how it feels to truly be a free American. :dance3:
Click to expand...

Good for you! You "voted with your feet". NY is hopeless and even when the McDonald case is won, I don't see it making any difference in the state of NY because "technically" NY is a may-issue state and they know how wiggle around the "may-issue" when denying your 2nd amendment rights.
 
Dont know what to tell you, also dont know your personal situation, I did not move for the sole reason to get a handgun permit, as I moved south from upstate NY 27 years ago, they did not have permits here then but now they sure as hell do, as a matter of fact I may go buy my 10th handgun today, get the Lawyer, pay him or her well, (it always helps) and keep pushin for it
 
unfortunately, you are fighting an uphill battle in the middle of a snowstorm. NY is a county by county issue whereas the county judge has the right to issue or not , I live in western NY and recieved my permit in less than a month, but most of the judges and even the DA here are progun. MY advice move to another county and try again if this is possible or wait till you dont have to apply to that judge.
 
So I see some brothers are starting to see the corruption in New York State and worse yet the corruption in New York City in trying to get a pistol permit. You must have money and lots of it and be a politican to get one. Why would you want to go through the stress when you can get the Utah permit which is good in 30 states, but not in the eastern blue states will accept it. The great free state of Penna will recognize your right to the second amendment. Good lick in trying for the impossible.
 
Once denied it becomes almost impossible to get a pistol permit in NY.You must meet the criteria of a good moral character,the 2002 arrest for a suspended license" aggravated unlicensed operation in the third degree is a misdemeanor"is not a good thing along with a Discon.Remember it's the judge that makes the call, the police may have cleared your backround investigation.You may have been issued a permit if you lived in NYC Nassau or Suffolk because it's all done by the police not a judge who may be anti-gun.No domestics or felony convitions they give you a permit in 6 months.I think a good lawyer is needed after two failed attempts.Good Luck.
 
After McDonald v Chicago is done, file suit on 2nd amendment grounds. This is exactly the type of thing that Heller addressed and McDonald will apply to the states.
 
StogieC said:
After McDonald v Chicago is done, file suit on 2nd amendment grounds. This is exactly the type of thing that Heller addressed and McDonald will apply to the states.
Click to expand...
What everyone has to understand is once you get denied it becomes almost impossible to get approved.I believe this gentleman has tried again to no avail.New York does have some very tough handgun laws but if you have never been arrested with no mental/medical history a handgun permit is attainable.New York has been sued in the past and the court found that the counties are allowed to place restrictions like the "Sportsman or Restricted to Target to and From Range Only.It takes years and plenty of money so the answer is just move to a gun friendly state.
 
mkuisi8mo said:
Same garbage happened to me in Delaware County after waiting 11 months. The "Lack the moral character necessary to posses a handgun" as grounds for denial were used on me too.

Three arrests in my 60 years (No felonies; 2 violations; 1 Misdemeanor that was dismissed, 40 years ago, getting all fingerprint cards back after 6 months) - all openly reported on my application. At the time, I was (and still am) a Licensed Mental Health professional in two distinct professions, in both NY and MA. I had just retired (on a NYS Retirement Pension) as a Forensic Psychologist & was a Certified Trainer for the NYS Commission for Corrections (training LEO's, including the Delaware County Sheriff's Dept.). Additionally, I was already licensed to carry concealed in 28 states.

Studying the NY statues, I found it's apparently the "boilerplate catch-all phrase" that's used to routinely deny issuing the permit by the NY "hacks" when you are dealing with "gun-grabbers" and/or you tick off a Pistol Clerk (maybe you asked too many questions or ?)...the whole system is corrupt, inequitably biased and totally unconstitutional.

You can appeal the denial now under NYS Law, but good luck! It will get drug out for years in "Administrative Limbo".

or

Wait until after the McDonald v. Chicago decision comes down. (I imagine Schumer, Bloomberg, Cuomo, et. al. are crapping their knickers over that one). But don't hold your breath...NY will only go down "kickin' & screamin'".

or

Do what I did - Get outta Dodge!

I solved the problem by moving to the Free State of New Mexico. Now, I carry daily (concealed or open depending on how I feel) a CZ 75 P-01 14 rd 9mm (and keep an AK-47 loaded, cocked & locked in my truck). I'm Licensed to carry concealed in 34 states. NY is not one of them, but that doesn't bother me because I will never go back there again, now that I know how it feels to truly be a free American. :dance3:
Click to expand...
Delaware county is the most pro-gun county in New York State.Everyone is issued a no restrictions permit, however if someone is known a s#@%stirer and has a reputation with the police you're almost setting yourself up for failure.You passed the backround investigation to get a job in NYS Corrections.Even in a gun friendly county if you say the wrong thing be it the pistol clerks office or have frequent dealings with the local goverment and wan't a pistol permit, play it safe and move somewhere else and start all over.
 
What sucks is even in other states they usually ask if you have ever been denied a permit. So even if you move to a less communist state you still have to answer that question.
 
StogieC said:
After McDonald v Chicago is done, file suit on 2nd amendment grounds. This is exactly the type of thing that Heller addressed and McDonald will apply to the states.
Click to expand...
In NY the laws allow for concealed carry no handgun ban like Chicago.The court ruling said nothing about the state only federal which DC falls under.Nothing can be done while you have anti-gun politicians in power.The only thing Bloomberg did was open One Police Plaza one night a week so permit holders can renew permits and obtain firearm permits.
 
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