Onondaga County Permit denied...Is there any lawyers in area to help...?

[John McCann]

I was recently denied due to an error made in review process by the judge. He read an old arrest record which was supposed to be sealed YO from 2001 and took the date as 2011 and based his decision off that. I will admit when I was young and dumb I got arrested once or twice but nothing major...no felonies...a b.s weed charge...but no trouble in over a decade since. I called the office and they said to write the judge and provide proof of the actual arrest date for the one he based decision off of and ask for reconsideration. I wrote a very nice letter stating the error and gave him a bit more insight to who I am...not the young dumb teen of 15 years ago. I told him I hav purchased multiple firearms in recent years and currently own firearms...that I have never had any issues with background checks...that I own my own business...have custody of my daughter...basically trying to show him I am a good guy, responsible, not the dumbass I was when I was a teen. Even with the letter and documentation I am worried about getting denied a 2nd time. it makes NO sense to me since I own firearms already why I shouldn't be able to own a pistol....but in the event of another denial I want to know if there are any lawyers around that help deal with situations like these? Any information is greatly appreciated!

 

[BC1]

YO records aren't sealed entirely. The arrest pops on a BG check but the disposition is YO. When you are denied the licensing officer must provide a letter indicating the reason for the denial. The denial may not be arbitrary or capricious. What does your letter say... specifically?

 

[John McCann]

The letter pretty much lists the few arrests I had over 10 years ago and then says I also provided proof I was arrested in 2011 but did not list it in my criminal history...and that even though none of my arrests resulted in convictions and due to arrest in 2011 (which was really 2001) they have to take it into consideration and I am morally unfit is basically what was stated.

 

[John McCann]

Whats funny is that when I first started the process years ago (before moving out of county for promotion and having to start process in Oneida...then returning to Onondaga to start all over again! lol) It was said to me I would have a hard time with getting it due to arrest by the lady in the office...I skipped the appointment...then I called back the office because I was confused as to how I had legally purchased firearms since having any kind of trouble and that I passed check no problem...the lady was like "oh...you own guns already? then you will be fine"....wtf?

 

[BC1]

The letter pretty much lists the few arrests I had over 10 years ago and then says I also provided proof I was arrested in 2011 but did not list it in my criminal history...and that even though none of my arrests resulted in convictions and due to arrest in 2011 (which was really 2001) they have to take it into consideration and I am morally unfit is basically what was stated.

"The few arrests" perks-up my attention. Morally unfit is not sufficient grounds. That's an arbitrary and capricious reason (I say this not knowing what those "few arrests" were for). Should you be denied again I would consider filing an appeal under Article 78 of the CPLR in that the denial was without cause. Expect to pay considerably for the appeal.

 

[John McCann]

arrests were non violent, misdemeanor and violations...4 total...from 01-05. Letter summary states following... "..the court must still must consider the underlying circumstances surrounding the arrests in conjunctions with the instant application (see, e.g., Kelly v. Klein, 96 AD3d846). Although the court has reviewed the character references submitted on the client behalf, based on the significant criminal history the court cannot conclude that the applicant is of sufficient moral character so as to justify the issuance of the license..."
Keep in mind judge thinks I had an arrest in 2011 which was actually from 2001 which if it were the real case, if I was actually arrested less than a few years ago I could understand decision... and the fact I have purchased firearms legally in NY and Ohio...it makes no sense why I shouldn't be able to get a sportsman license. Hoping the judges looks past the old b.s. I'm not 17 and making stupid choices still...