I'm not familiar with NY law, but I expect the purchase requestor will have to exhaust all administrative avenues of relief prior to filing a civil action. He may also ultimately prevail at the hearing or on appeal that are referenced in the letter denying permission to purchase the firearm in question. If so, then the impediment to his current firearm purchase will be removed and he will no longer have a legal grievance.
Please let us know what happens at the hearing. He should either be granted permission to buy the firearm or given a reason for the denial. Being unfamiliar with NY law, there may not be much guidance provided in the law for judges to follow. This seems the case as the judge cites no specific reason for the proposed purchaser's disqualification and opines on the dearth of law applicable to the situation. Even discretionary authority must be guided by more than simply a judge's personal opinion.
Does anyone know the statutory language that created this whole rigmarole that gun buyers must endure before making a purchase? Although it appears that this judge is agitating the process for political motives or out of personal conviction, it may also be true that the statute is ambiguous as to what factors should be considered in making a determination with regard to permission to purchase.
While I think the whole idea of having to ask the state permission is :barf:, as a native southerner, I believe NY is perfectly capable of governing New Yorkers but can only hope and pray that outsiders won't come and try to convince us of the error of our ways.
Truthfully, I have had many enjoyable vacations north of Virginia, but have never had the opportunity to spend much time in the mountains of NY - I hope to remedy this in the near future.