need Help CCW DENIED

K

krazykleen

Inactive
good afternoon all,
a friend of mine told me about the site and I was hoping someone could help me out and or point me in the right direction. I am new to this forum so dont know if I am even in the right room, but here it is;

I applied for a concealed carry permit back in october of 07, yesterday I got in the mail a letter from judge denying it. I live in Orange county New York everybody has a ccw permit.

it was denied becuase of my past criminal history, now hold on let me explain;

in 2001 i was making out with my girlfriend who is now my wife in a park after it closed and we both got a summonse. We went to court and that charge was dismissed.

In 2000 i got cuaght burning my finger on a roach (joint) went to court judge threw it out and that was dismissed.

in 1993 i was playing my car radio too loud and was arrested for disorderly conduct pled guilty paid fine of $240.00

in 1992 I was charged with 170.10 forgery in second degree; 165.45 possesion of stolen property; 155.25 petit larceny, all those charges were dismissed.

so there is only really one charge against me that I was guilty of or plead guilty too in a court.

I have several driving without / suspended license from when I was young but that does not matter according to the application.

what can I do if anything?

these charges have all been dismissed the only one I pled guilty too is more than 15 years old. i have been a model citizen since without even a speeding ticket.

taken up hunting since moving up to the mountains from NYC I was able to buy a 30 0 6 but they wont let me buy hand guns

PLEASE HELP!!!!
 
Alright, you are upstate so that may differ from Long Island but here it goes...

Were you absolutely truthful on EVERYTHING going back to birth. Seriously, they do open the juvie records to see if you have revealed everything. If you you fail to reveal something they consider it lying and you are denied.

How is your relationship with your wife, cohabitant or ex? Do not be surprised for them to call that person when you are not home to get their opinion of you. Many wives are told that all they have to do is say "no" and the applicant will be denied and not told who killed their application. Right, no. Legal, uncertain. Done, certainly. Multiple things on your record, not even convictions, will cause them to did deeper and deeper.

It is within your rights to demand an appeal. I would get all the facts and do so.
 
i PUT DOWN EVERYTHING. My wife lives with me and they have not called her. They could dig from here to hina and all they will find is what I put on the application. Orange county NY is not like NYC everybody has a ccw permit. when I ggo to the range there are all walks of life its like they were giving them away, except in my case
somebody help!!!!
 
Get a lawyer. That's what everyone here will tell you to do. The fact that you were denied could most likely be an anti gun judge who saw a reason to say no and used it, hoping you would give up. It may be Orange county but it's still New York.
 
+1 (on the lawyer -- threads were apparently merged...)
You are, after all, in NY. You may find yourself having to petition the courts to have your record expunged. Otherwise, my advice is to get out of NY and go somewhere that is more CCW friendly.
 
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Every state works their approval process differently I think. In CT, the town government will fight the application sometimes and come up with lame requirements. Sometimes you need to have an interview with the police, and other foolishness. In my town I recieved no trouble at all. In CT the state is responsible for the permit, so if the state says you can have a permit, the local police chief or township Stalin can't do anything about it. Basically, I would find out what my rights are(good luck), and talk to other permit holders. I might even try talking to a lawyer especially a civil rights orientated one. My boss had a similar issue with an arrest on his record. The police chief of his town refused to pass the application on to the state. My boss did a little research and found that the man had no right to refuse the application. Once he was called on the spot about it and found he was not dealing with a simple minded subject, he put the application through.
 
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The fact that you have that stuff against you in the past, whether or not you were convicted of it is killing you here. I'm honestly not sure what you could do about it. there may be some way to appeal or re-apply or something, but idk. Good luck
 
Forget ccw.

Carry your weapons in what ever legal open way you can.

Be as inconspicuous as possible.

Don't buy a 8 inch barrel stainless 500 S&W and side carry it down the street.

A blued 38 special snub or 3 inch barrel will suffice for protection.

If you cannot legally carry open then DON'T.

YOU GET CAUGHT-YOU GO TO JAIL.

Remeber this too,if it's winter and you have a coat on that covers the weapon from plain site-it's concealed-you are in violation and you can go to jail.

Sometimes home and the range are the only two places you can have a handgun legally.

Stinks but some places-that's how it is.
 
Looks like it is going to take a lawyer. There is no provision that I can find in the statute for filining an appeal with the court. I think your wasting your money, though because of the generality of the statute. The "of good moral character" is a judgement, or lack of judgement, call of the licensing authority. The entire chapter is here:
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

you want penal code (PEN), article 400.

§ 400.00 Licenses to carry, possess, repair and dispose of firearms.
1. Eligibility. No license shall be issued or renewed pursuant to this
section except by the licensing officer, and then only after
investigation and finding that all statements in a proper application
for a license are true. No license shall be issued or renewed except for
an applicant (a) twenty-one years of age or older, provided, however,
that where such applicant has been honorably discharged from the United
States army, navy, marine corps, air force or coast guard, or the
national guard of the state of New York, no such age restriction shall
apply; (b) of good moral character;
 
Why don't you contact the judge and find out why he denied you? There is no need in all the speculating until you attempt to get the info.
 
Apparently the Judge sees what he considers a 'pattern"

You were a wild and reckless youth. You ran afoul of the law several times, and even though not convicted of any serious crime, a judge (who is a human being, and may have an agenda) looking at your record could have doubts, and any doubts are enough. Just because you haven't been caught at anything for the last 15 years doesn't tell him you are a "model citizen", all it tells him is that you haven't been caught at anything. Therefore, he is "erring" on the side of caution, in case you are not really a stable individual, and denying you your permit. From his point of view, if he granted your permit and you later get in trouble, HE could be found liable of making a mistake. And they really, really hate to be publicly found to have made a mistake.

If you had a completely clean record, you could get a lawyer (and under his advice) try again, you might get a different judge. You could move to a different jurisdiction and try again. But you could wind up wasting all the time, effort and money because there is no "shall issue" type rules in NY. In other places if yo have a clean record they must issue a permit. If you don't have a completely clean record, you can argue the issue, and if you convince them you have grown up and been good for long enough, you may get a permit. In NY it is entirely up to the whims of the "issuing authority".

If you have enough cash to throw around, you can make friends with your local politicos, and maybe donate to their "favorite charities", so they will speak on your behalf to the judge. If you don't, then you are pretty much SOL. Sorry. It shouldn't be like that, but lots of things in the real world aren't like they should be. I left NY state mearly 35 years ago, because the laws were bad then. They are worse today. Good Luck.
 
If it's shall issue then they have to have a ligit reason to deny you and they have to prove it. If it's may issue then you could be denied because they didn't like your haircut or any number of other reasons. May issue means that only people with money and connections get to carry.
 
Sorry to say but with your history I just don't see any way you are going to get a CCL. Especially in NYS. Carry if you must but at your own risk. Wish the news was better.
 
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