NY pistol permit DENIED!!!

Status
Not open for further replies.
firstnonly,
I got in touch with an NRA lawyer by the name of David I. Caplan, who was also on the Board of Directors, he had advertised in the NYSRPA mag called the Bullet. He told me if he had to go to court he'd have to charge me, but he made a call to the Judge and spoke to him, and the Judge asked me to come visit him in his chambers. The Judge was as nice and pleasant as could be, and I think he was "sizing me up" for the hour we were talking. I told him that I would never let him down and he agreed to grant the license. Believe me, my "issues" made yours pale in comparison. The Judge is no longer on the bench and may not even be alive, but I believe this event can be repeated. You may need a lawyer, you may not need one. Try contacting the NYSRPA or NRA for some guidance, assuming you are a member of either. If not, may I suggest you join, they're both fighting for our rights.
I was 33 when denied, took me about 2.5 yrs to get approved. That included the first denial and then the 2nd app. Initially, I was going Art 78, but hired a lawyer who didn't know what he was doing. My FFL friend advised me to call the NRA lawyer. The rest is history. I've been carrying now for almost 25 years, about 5 without restrictions.
NY is a beautiful State with great hunting, fishing and outdoor activities. Yes we have issues , we need to work to change it. Look what they did in Mass.
Best wishes to you.
 
New York State Rifle and Pistol Assn :)

http://www.nysrpa.org/

BTW, Kirsten Gillenbrand is the Trojan horse. She may have once had the NRA's endorsement, but I believe that's soon to change, Schumer has her ear now. Even Democrat Rep McCarthy the anti-gunner from LI(wife of the LIRR rider killed by Colin Ferguson) counts her as a friend.
 
Last edited:
Would they give you a job paying NY wages, not Walmart wages?
Click to expand...

So........since I don't work in New Yuk, I am automatically reduced to working at Wally World? Does this make me a lower class of citizen or something?

BTW, I ignore those who say to move, it's alot easier said than done.
Click to expand...

Yup, I am sure it is. But, I get kinda sick of people whinning about the laws in the state/county they live in, but will take no action to change the situation. If a person likes living in a place like New York, Chicago, or California, thats great for them. But if a person chooses to live there, they also choose to follow the laws in that area. If they don't like those laws, they should do something about them (besides just complaining about it online), or move. If some one chooses to live in an area with strict gun control, I don't really care to hear them complain about it over and over, when they are the one that choose to be there.
 
NY is a beautiful State with great hunting, fishing and outdoor activities. Yes we have issues , we need to work to change it. Look what they did in Mass.


I could not have said that better.
If John Paul Jones had retreated where would we be now.
DAMN THE TORPEDOS SON, FULL SPEED AHEAD.

Letting the leftist agenda expand because we move instead of fight is not the way to keep what we have.
 
I would deny you based on this statement alone. You obviously have no regard for the law because you don't deem it "serious".
Click to expand...

Right on! It's only a constitutionally protected right, let's take away his right to procreate, as well.
 
Disorderly conduct isnt even a crime. In NY a crime is defined as a misdemeanor, or a felony. Disorderly conduct is a violation. A violation is punishable by a fine of not more than a hundred dollars. Although it's enumerated in the NYS Penal law 240.20, it's still not a crime. That shouldnt preclude you from getting a pistolpermit. Hell a lot of NYPD hires have had Dis-con convictions , and still been hired.

In all honesty it sounds personal, or there may be some other dynamic at work here. I'd go with the lawyer.

Glenn
 
If you really want firearms freedom, and don't want to move too far, head to Vermont ;)

Last I checked they're all for open carry aren't they?
 
Last edited:
Disorderly conduct isnt even a crime. In NY a crime is defined as a misdemeanor, or a felony. Disorderly conduct is a violation. A violation is punishable by a fine of not more than a hundred dollars.
Click to expand...

EXACTLY!!!!!

I just feel that if I were in another county or state it wouldn't be such an issue. I also cant understand why I am fit to own 2 long guns but not a handgun.........sure the handgun is concealable.....but so is my 12 gauge with a trench coat:rolleyes:
 
You could have had a case in 06 when it took them 8 months. The law requires that the permit is either approved within 6 months or you are provided reasons IN WRITING why there is a delay.


However, the real question is what was the type and disposition of the "unlicensed operation" charge. That charge can be very serious, ranging from misdemeanor to Class E felony:


§ 511. Operation while license or privilege is suspended or revoked;
aggravated unlicensed operation. 1. Aggravated unlicensed operation of a
motor vehicle in the third degree. (a) A person is guilty of the offense
of aggravated unlicensed operation of a motor vehicle in the third
degree when such person operates a motor vehicle upon a public highway
while knowing or having reason to know that such person's license or
privilege of operating such motor vehicle in this state or privilege of
obtaining a license to operate such motor vehicle issued by the
commissioner is suspended, revoked or otherwise withdrawn by the
commissioner.
(b) Aggravated unlicensed operation of a motor vehicle in the third
degree is a misdemeanor. When a person is convicted of this offense, the
sentence of the court must be: (i) a fine of not less than two hundred
dollars nor more than five hundred dollars; or (ii) a term of
imprisonment of not more than thirty days; or (iii) both such fine and
imprisonment.
(c) When a person is convicted of this offense with respect to the
operation of a motor vehicle with a gross vehicle weight rating of more
than eighteen thousand pounds, the sentence of the court must be: (i) a
fine of not less than five hundred dollars nor more than fifteen hundred
dollars; or (ii) a term of imprisonment of not more than thirty days; or
(iii) both such fine and imprisonment.
2. Aggravated unlicensed operation of a motor vehicle in the second
degree. (a) A person is guilty of the offense of aggravated unlicensed
operation of a motor vehicle in the second degree when such person
commits the offense of aggravated unlicensed operation of a motor
vehicle in the third degree as defined in subdivision one of this
section; and
(i) has previously been convicted of an offense that consists of or
includes the elements comprising the offense committed within the
immediately preceding eighteen months; or
(ii) the suspension or revocation is based upon a refusal to submit to
a chemical test pursuant to section eleven hundred ninety-four of this
chapter, a finding of driving after having consumed alcohol in violation
of section eleven hundred ninety-two-a of this chapter or upon a
conviction for a violation of any of the provisions of section eleven
hundred ninety-two of this chapter; or
(iii) the suspension was a mandatory suspension pending prosecution of
a charge of a violation of section eleven hundred ninety-two of this
chapter ordered pursuant to paragraph (e) of subdivision two of section
eleven hundred ninety-three of this chapter or other similar statute; or
(iv) such person has in effect three or more suspensions, imposed on
at least three separate dates, for failure to answer, appear or pay a
fine, pursuant to subdivision three of section two hundred twenty-six or
subdivision four-a of section five hundred ten of this chapter.
(b) Aggravated unlicensed operation of a motor vehicle in the second
degree is a misdemeanor. When a person is convicted of this crime under
subparagraph (i) of paragraph (a) of this subdivision, the sentence of
the court must be: (i) a fine of not less than five hundred dollars; and
(ii) a term of imprisonment not to exceed one hundred eighty days; or
(iii) where appropriate a sentence of probation as provided in
subdivision six of this section; or (iv) a term of imprisonment as a
condition of a sentence of probation as provided in the penal law and
consistent with this section. When a person is convicted of this crime
under subparagraph (ii), (iii) or (iv) of paragraph (a) of this
subdivision, the sentence of the court must be: (i) a fine of not less
than five hundred dollars nor more than one thousand dollars; and (ii) a
term of imprisonment of not less than seven days nor more than one
hundred eighty days, or (iii) where appropriate a sentence of probation
as provided in subdivision six of this section; or (iv) a term of
imprisonment as a condition of a sentence of probation as provided in
the penal law and consistent with this section.
3. Aggravated unlicensed operation of a motor vehicle in the first
degree. (a) A person is guilty of the offense of aggravated unlicensed
operation of a motor vehicle in the first degree when such person: (i)
commits the offense of aggravated unlicensed operation of a motor
vehicle in the second degree as provided in subparagraph (ii), (iii) or
(iv) of paragraph (a) of subdivision two of this section and is
operating a motor vehicle while under the influence of alcohol or a drug
in violation of subdivision one, two, three, four or five of section
eleven hundred ninety-two of this chapter; or
(ii) commits the offense of aggravated unlicensed operation of a motor
vehicle in the third degree as defined in subdivision one of this
section; and is operating a motor vehicle while such person has in
effect ten or more suspensions, imposed on at least ten separate dates
for failure to answer, appear or pay a fine, pursuant to subdivision
three of section two hundred twenty-six of this chapter or subdivision
four-a of section five hundred ten of this article.
(b) Aggravated unlicensed operation of a motor vehicle in the first
degree is a class E felony. When a person is convicted of this crime,
the sentence of the court must be: (i) a fine in an amount not less than
five hundred dollars nor more than five thousand dollars; and (ii) a
term of imprisonment as provided in the penal law, or (iii) where
appropriate and a term of imprisonment is not required by the penal law,
a sentence of probation as provided in subdivision six of this section,
or (iv) a term of imprisonment as a condition of a sentence of probation
as provided in the penal law.
4. Defense. In any prosecution under this section or section five
hundred eleven-a of this chapter, it is a defense that the person
operating the motor vehicle has at the time of the offense a license
issued by a foreign country, state, territory or federal district, which
license is valid for operation in this state in accordance with the
provisions of section two hundred fifty of this chapter.
5. Limitation on pleas. Where an accusatory instrument charges a
violation of this section, any plea of guilty entered in satisfaction of
such charge must include at least a plea of guilty of one of the
offenses defined by this section and no other disposition by plea of
guilty to any other charge in satisfaction of such charge shall be
authorized; provided, however, that if the district attorney upon
reviewing the available evidence determines that the charge of a
violation of this section is not warranted, he may set forth upon the
record the basis for such determination and consent to a disposition by
plea of guilty to another charge in satisfaction of such charge, and the
court may accept such plea.
6. Sentence of probation. In any case where a sentence of probation is
authorized by this section, the court may in its discretion impose such
sentence, provided however, if the court is of the opinion that a
program of alcohol or drug treatment may be effective in assisting in
prevention of future offenses of a similar nature upon imposing such
sentence, the court shall require as a condition of the sentence that
the defendant participate in such a program.
7. Exceptions. When a person is convicted of a violation of
subdivision one of two of this section, and the suspension was issued
pursuant to subdivision four-e of section five hundred ten of this
article due to a support arrears, the mandatory penalties set forth in
subdivision one or two of this section shall not be applicable if, on or
before the return date or subsequent adjourned date, such person
presents proof that such support arrears have been satisfied as shown by
certified check, notice issued by the court ordering the suspension, or
notice from a support collection unit. The sentencing court shall take
the satisfaction of arrears into account when imposing a sentence for
any such conviction.
 
Magnum Mike, sorry if you took my post wrong, my bad.:) Firearms ARE important to me, and necessary to preserve the freedoms we all enjoy. Didn't mean to trivialize the importance of them.
To victims of floods, earthquake, tornadoes and other disasters the issue of firearms may or may not be the most pressing thoughts they face.
 
For you holy-er than thou types. I was on a jury a number of years back. The guy fought the charge instead of just 'paying & moving on'. Even the ones he was supposed to of 'disturbed' testified on his side. A few on the jury thought "it's not much of a fine, I'd go with guilty". Myself & several others said no that's not a reason & he does not need this on his record. They quickly came over. It was a disturbance of the peace charge. Yes I'm a tough on crime kind of guy too.

I don't know this guy's particulars, none of us do with just a few lines from his side.
 
Here's some more information about the law:

The licensing requirement states:

"A license may be granted to an applicant who is of good moral character, over the age of 21 years, has not been convicted of a "serious offense," (This includes misdemeanors and violations as set forth in Section 265.00, Subd. 17, PL.)"

Section 265, Subd 17 states:

"17. "Serious offense" means (a) any of the following offenses defined
in the former penal law as in force and effect immediately prior to
September first, nineteen hundred sixty-seven: illegally using, carrying
or possessing a pistol or other dangerous weapon; making or possessing
burglar's instruments; buying or receiving stolen property; unlawful
entry of a building; aiding escape from prison; that kind of disorderly
conduct defined in subdivisions six and eight of section seven hundred
twenty-two of such former penal law; violations of sections four hundred
eighty-three, four hundred eighty-three-b, four hundred eighty-four-h
and article one hundred six of such former penal law; that kind of
criminal sexual act or rape which was designated as a misdemeanor;
violation of section seventeen hundred forty-seven-d and seventeen
hundred forty-seven-e of such former penal law; any violation of any
provision of article thirty-three of the public health law relating to
narcotic drugs which was defined as a misdemeanor by section seventeen
hundred fifty-one-a of such former penal law, and any violation of any
provision of article thirty-three-A of the public health law relating to
depressant and stimulant drugs which was defined as a misdemeanor by
section seventeen hundred forty-seven-b of such former penal law."



I have not yet been able to find Section 722 of the penal code in effect prior to 1986...
 
Status
Not open for further replies.
Back
Top