New York Firearms Forum banner
1 - 20 of 79 Posts

·
Registered
Joined
·
25 Posts
Discussion Starter · #1 ·
Just got a letter from Erie County stating my application has been denied - the information received as the result of an investigation conducted by the Town of Amherst PD and their subsequent recommendation for denial. What do I do now, My application should of never been denied. WTF
 

·
Registered
Joined
·
8,557 Posts
appeal
 

·
Registered
Joined
·
2,743 Posts
Call up the pistol permit office and find out how to begin the appeal process.

I would also call the police investigator who handled your file and try and find out why they recommended the denial.
 

·
Head of Bacon Operations
Joined
·
3,589 Posts
Get a lawyer to appeal. You need to file that appeal within 10 days, I believe. So don't waste any time. Any idea whatsoever what happened? Ever been arrested, even if not found guilty? Seen a therapist, even for couples or grief counseling? Taken antidepressants? Anything? Did you happen to swear at the investigator? Mention you occasionally let your dog drive your car when you are too drunk or anything?
 

·
Registered
Joined
·
1,109 Posts
Get a lawyer to appeal. You need to file that appeal within 10 days, I believe. So don't waste any time. Any idea whatsoever what happened? Ever been arrested, even if not found guilty? Seen a therapist, even for couples or grief counseling? Taken antidepressants? Anything? Did you happen to swear at the investigator? Mention you occasionally let your dog drive your car when you are too drunk or anything?
Yes to all of the above except I would never let the dog drive when I'm boozed up, only the cat.

My first time in Erie, I was denied too. Turned out someone with the same name robbed a store in a different state which put a flag on mine. All they did was run my name. BS, so I had to fight it. They were lazy, I had to push them to do it right. I would have needed a lawyer but thank God for knowing a few people. I still get flagged sometimes when buying firearms thanks to that guy. So like everyone posted, don't wait to fight it. It might be some dumb error.
 

·
Registered
Joined
·
810 Posts
Sorry to hear that you were denied. Hopefully you will get answers to why the denial. It is ridiculous that they do not include the reasons for the denial in their letter. Like some have said appeal ASAP and if need be get legal counsel to help with your fight. DON'T GIVE UP!!
 

·
Registered
Joined
·
8,557 Posts
then sue the state of NY for dening your constitutional right of self defense. Maybe we can end this licence to own a handgun in this state once and for all.
 

·
I wish I were an Oscar Meyer Weiner
Joined
·
6,795 Posts
They are supposed to include the reason for denial in the letter.

this is the part of law that pertains

http://public.leginfo.state.ny.us/L...&BROWSER=BROWSER+&TOKEN=38571515+&TARGET=VIEW

4a
In acting upon an application, the licensing officer shall either deny the application for reasons specifically and concisely stated in writing or grant the application and issue the license applied for.

so technically speaking the judge failed to do his duty under the law which is a misdemeanor. I wouldnt
recommend calling him out on that but it may be important later depending on how your appeal goes.
 

·
Registered
Joined
·
12,953 Posts
If its important to you, I would get a lawyer who handles these things before trying to do it on your own. It could be a simple error but you might make things worse for yourself if you do not follow proper protocol. I'm not sure about the 10 day timeframe mentioned in prior post; thought appeal (believe Sec 179 action, but don't hold me to that) timeframe was 4 months. A competent lawyer can help you with that too. Good luck.
 

·
I wish I were an Oscar Meyer Weiner
Joined
·
6,795 Posts
I think your talking about article 78? That has 4 month time frame and is a court proceeding to appeal a decesion made by an agency typically.
 

·
Registered
Joined
·
4,952 Posts
No record, No tickets, I have prior police experience so I dont understand why it was denied
What about your references? You certain they all vouched for you in a positive manner? Sometimes a bad reference or two is all it takes. Erie County is not 2A friendly; most of the time their permits are restricted for hunting/target anyway. Prep for battle, and as others have stated, consult with an attorney to help you through the appeal process.
 

·
Banned
Joined
·
5,970 Posts
then sue the state of NY for dening your constitutional right of self defense. Maybe we can end this licence to own a handgun in this state once and for all.
This. Do you have a common name? Google you name and see what come s up
 

·
Registered
Joined
·
1,635 Posts
You should go down to the Permit Office and ask to see Will Fowler. Bring your letter and ask him if he can look into this for you. They are great people own at the office and they should be able to help you get started on fixing this. Call me if you need help!

Jim
 

·
Registered
Joined
·
25 Posts
Discussion Starter · #16 ·
What about your references? You certain they all vouched for you in a positive manner? Sometimes a bad reference or two is all it takes. Erie County is not 2A friendly; most of the time their permits are restricted for hunting/target anyway. Prep for battle, and as others have stated, consult with an attorney to help you through the appeal process.
all of me references are neighbors ive know for over 10 yrs. they are like my family
 

·
Registered
Joined
·
25 Posts
Discussion Starter · #17 ·
Thank you guys for your help and advice. This is very frustrating as you guys know. Thank for the comforting infomation and the help. Ill wil try to get this done asap, as far as an attorney is one needed, if so any recommendations? Is there free legal aid seeing i just returned to work due to an ankle fracture and kind of short on funds. Whats the turn around rate, meaning how long is is process going to take? Ill keep you guys posted. Is it just the town of amherst or all of erie county thats a p.i.t.a about legal gun ownership and our 2nd amd. Rights. I know amherst loves saying they are one of the safist cities in america but give me a break.
 

·
I wish I were an Oscar Meyer Weiner
Joined
·
6,795 Posts
Yes that is the part I was referencing in regards to the denial letter needing to be specific in the reasons for denial.

Also depending on how you want to handle it this is part 15 in article 400.00


15. Any violation by any person of any provision of this section is a class A misdemeanor.

Here are some things to consider. Only you can decide what is best for you.

First like suggested find a lawyer. Preferably if you can find one that is friends with the judge lol.
Hopefully all that is needed is for them to talk and get it sorted out and your permit approved.
If the judge refuses and you have to either give up or fight a big fight you may want to point out to him
or report him for the Commission of his misdemeanor for failing to follow article 400.00 .

Also as possible more ammunition, when did you apply? When did you get the denial letter?

You said you have prior police experience. Could your actions there have influenced the investigation?
Did you get in trouble while there? Did you rub some people the wrong way there that came back to bite you?

Good luck with getting your permit. I hope it all works out for you in a timely, cheap manner.

You may be able to find a lawyer who will take your case pro bono as well. I would suggest just calling
around and asking.
 

·
Registered
Joined
·
25 Posts
Discussion Starter · #20 ·
Yes that is the part I was referencing in regards to the denial letter needing to be specific in the reasons for denial.

Also depending on how you want to handle it this is part 15 in article 400.00

15. Any violation by any person of any provision of this section is a class A misdemeanor.

Here are some things to consider. Only you can decide what is best for you.

First like suggested find a lawyer. Preferably if you can find one that is friends with the judge lol.
Hopefully all that is needed is for them to talk and get it sorted out and your permit approved.
If the judge refuses and you have to either give up or fight a big fight you may want to point out to him
or report him for the Commission of his misdemeanor for failing to follow article 400.00 .

Also as possible more ammunition, when did you apply? When did you get the denial letter?

You said you have prior police experience. Could your actions there have influenced the investigation?
Did you get in trouble while there? Did you rub some people the wrong way there that came back to bite you?

Good luck with getting your permit. I hope it all works out for you in a timely, cheap manner.

You may be able to find a lawyer who will take your case pro bono as well. I would suggest just calling
around and asking.
I applied May 2011 Just got the denial letter June 13th 2012, I worked for a S.O. in NC. I was never in trouble and left on good terms. I had to resign do to economic reasons, aka they wornt paying me and I couldnt afford to live there.
 
1 - 20 of 79 Posts
Top