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Pistol permit references
- Thread starter Ejb89
- Start date
Case dismissed is just that, dismissed. No need for you to mention it to anyone who doesn't already know about it. The state already knows and it is not something that specifically stops you from getting a permit. Just one more way the NY law is vile. By asking about arrests there is some presumption that you are guilty of the offense even if there was no conviction.
You're permit will almost certainly be issued with restrictions. It's standard practice in NY. After one year of having your permit incident free make an appointment to go meet with the issuing judge and request they remove the restrictions. Everyone I know who has done this has had the restrictions lifted. The first year is your probation period. If you haven't done something stupid that caused a headache for the judge they will lift them.
The restrictions are usually for target/hunting carry only. Most judges consider any outside woods activity part of hunting so you can carry when hiking, fishing, backpacking, etc. You can also carry to and from those activities as well as too and from a range for target practice. It is fine to stop at the store or to eat on your way to and from the range or one of these activities. Lots of people simply keep a range bag with target, ammo, etc in the trunk so they are always on their way to the range.
Keep in mind that the restrictions are between you and the judge. There is no legal penalty for breaking the restrictions and they are not enforced by the police but it can give the judge a reason to revoke your permit. From a legal point of view you either have a permit to carry or you don't.
Good luck with your application.
The restrictions are usually for target/hunting carry only. Most judges consider any outside woods activity part of hunting so you can carry when hiking, fishing, backpacking, etc. You can also carry to and from those activities as well as too and from a range for target practice. It is fine to stop at the store or to eat on your way to and from the range or one of these activities. Lots of people simply keep a range bag with target, ammo, etc in the trunk so they are always on their way to the range.
Keep in mind that the restrictions are between you and the judge. There is no legal penalty for breaking the restrictions and they are not enforced by the police but it can give the judge a reason to revoke your permit. From a legal point of view you either have a permit to carry or you don't.
Good luck with your application.
If one is arrested and there is no conviction because there was no ground to the arrest in the first issue...
. . .
I have this on my record?
My instructors for my Louisiana permit (I know, not NY, but it's not just a NY thing) explained that they have records of all arrests, regardless of conviction status. When processing our permits, they can and will deny a permit due to an unreported arrest. If there was no conviction, it's no big deal, but it's a basic test of integrity where they can confirm it.
Perhaps it is a per-state type of thing -- many of the LEOs that post here might be able to speak to different areas, I suppose. It sure looks, from the form, like the situation is similar in NY as far as arrest reporting.
At any time prior to dismissal the court may modify the conditions or extend or reduce the term of the adjournment, except that the total period of
adjournment shall not exceed twelve months. Upon violation of any
condition fixed by the court, the court may revoke its order and restore the case to the calendar and the prosecution thereupon must proceed. If the case is not so restored to the calendar during the period fixed by the court, the accusatory instrument is, at the expiration of such period, deemed to have been dismissed in the furtherance of justice.
Upon or after dismissal of such charges against a defendant not
previously convicted of a crime, the court shall order that all official
records and papers, relating to the defendant's arrest and prosecution,
whether on file with the court, a police agency, or the New York state
division of criminal justice services, be sealed and not made available to any person or public or private agency; except, such records shall be made available under order of a court.
adjournment shall not exceed twelve months. Upon violation of any
condition fixed by the court, the court may revoke its order and restore the case to the calendar and the prosecution thereupon must proceed. If the case is not so restored to the calendar during the period fixed by the court, the accusatory instrument is, at the expiration of such period, deemed to have been dismissed in the furtherance of justice.
Upon or after dismissal of such charges against a defendant not
previously convicted of a crime, the court shall order that all official
records and papers, relating to the defendant's arrest and prosecution,
whether on file with the court, a police agency, or the New York state
division of criminal justice services, be sealed and not made available to any person or public or private agency; except, such records shall be made available under order of a court.
My advice, "get the hell out of New York!". I would pack it up and let the "leaving New York" sign hit me in the a** on the way out. All of this is dripping with infringement and is a direct violation of your rights. Man... I would be so afflicted if big brother bent me over that far.