New York Firearms Forum banner
1 - 14 of 14 Posts

·
Registered
Joined
·
2 Posts
Discussion Starter · #1 ·
Hello all,

I was just denied an NYC premises permit on the basis of lacking moral character.

Here are my details.

11 violations of which 6 I have been convicted of. these violations were for tints, speeding, and cell phone

Was arrested in 2014 for speeding, and they tried to throw the book at me. Tried to give me 2 misdemeanors, however i pled it down to a disorderly conduct.

I appealed the denial already. next step is article 78 if its worth it.....

what do you all think?


Note: i have an NYC rifle and shtogun permit already for 4 years. they took it away when i was arrested, but gave me everything back after.


i dont understand how if i have a rifle and shotgun permit already, theycan deny me a pistol permit.
 

·
Registered
Joined
·
240 Posts
Hello all,

I was just denied an NYC premises permit on the basis of lacking moral character.

Here are my details.

11 violations of which 6 I have been convicted of. these violations were for tints, speeding, and cell phone

Was arrested in 2014 for speeding, and they tried to throw the book at me. Tried to give me 2 misdemeanors, however i pled it down to a disorderly conduct.

I appealed the denial already. next step is article 78 if its worth it.....

what do you all think?

Note: i have an NYC rifle and shtogun permit already for 4 years. they took it away when i was arrested, but gave me everything back after.

i dont understand how if i have a rifle and shotgun permit already, theycan deny me a pistol permit.
Wow. That is quite shocking. This is the problem with living in a state that is "may issue" as since it is clear they do not want any of us to be armed, they can literally come up with anything to deny you your rights (even minor traffic violations like you listed). This problem is further compounded by the fact that NYC licensing authority is the incredibly corrupted NYPD. My advice to you would be to move elsewhere in NY (and even better if you moved outside of NY) if your appeal is not successful. As it is, even if you get your permit, it will be premise only which is pretty much useless in your case (since you already have weapons for protection at home). It really seems that NYC's police and politicians are frightened and intimidated by the perception of anyone owning/carrying firearms other than law enforcement. Which is ironic considering how irascible and irresponsible most cops are with their guns, I almost think it would be better if it were the other way around (police disarmed, only civilians can carry).
 

·
Registered
Joined
·
4,710 Posts
You have to remember the judge is looking at your character to see if he feels your responsible enough to own a pistol and abide by the premise permit rules. Looking at your history the judge probably said well he has not followed traffic rules so he will not follow the rules I place on his pistol permit. I have to say if you were arrested for speeding you must have been going really fast. I think the judges deduction was based on his feeling that you are immature and lack responsibility and have failed in the past to make good decisions.
My statements above do not necessarily reflect my options of you I'm just going by how I feel the very liberal judge in NYC denied your permit. Is it right who knows. Would you kill some one with your pistol since you were speeding and had illegal tints I would say no. Would you leave your gun as a premise permit history would say no since you don't follow rules. That's what hurt you is the number of violations not just your violations. Same thing if you go for a CDL you would be denied for your traffic history. Just the way it is. You may win on appeal, but as stated above is it worth the $2,000. I'd say no. Move out of NYC or nys.
 

·
Registered
Joined
·
1,028 Posts
You have to remember the judge is looking at your character to see if he feels your responsible enough to own a pistol and abide by the premise permit rules. Looking at your history the judge probably said well he has not followed traffic rules so he will not follow the rules I place on his pistol permit. I have to say if you were arrested for speeding you must have been going really fast. I think the judges deduction was based on his feeling that you are immature and lack responsibility and have failed in the past to make good decisions.
My statements above do not necessarily reflect my options of you I'm just going by how I feel the very liberal judge in NYC denied your permit. Is it right who knows. Would you kill some one with your pistol since you were speeding and had illegal tints I would say no. Would you leave your gun as a premise permit history would say no since you don't follow rules. That's what hurt you is the number of violations not just your violations. Same thing if you go for a CDL you would be denied for your traffic history. Just the way it is. You may win on appeal, but as stated above is it worth the $2,000. I'd say no. Move out of NYC or nys.
SaltW,
All pistol-rifle-shotgun licensing in New York City is done by the New York City Police Department. Judicial officials are not invovled in the licensing process. That being said; the OP does have the right to appeal NYPD's determination in-house. The question is whether he has the resources to hire an attorney to represent him at a hearing. Even if the OP were to be granted a pistol license by them --it would be a restricted premises license and NOT a carry license.

Best bet if he wants a carry license; move out of NYC to the Island, Westchester or Rockland Counties where he MIGHT be issued a restricted sportman carry PL or move to a free state such as PA (LTC is easy to obtain), VT or NH (No license required to carry in VT, NH) where all he needs is to pass a federal NCIC check.
 

·
Registered
Joined
·
89 Posts
6 are trivial....but could you elaborate on what the other 5 are? As for the speeding charge: the judge will most likely know exactly what transpired, so regardless of what you plead to...he/she will judge you on what happened.

JMO, but I'm guessing that the judge figured that if you regularly flout the laws that you don't agree with(i.e. speed limits, cell phone while driving, and tint)....he/she assumes that you wouldn't follow the VERY RESTRICTIVE gun laws in NY(esp in NYC). Of course, this is all speculation.....but I for one, read your original post and thought to myself "He had ELEVEN violations and is confused as to why he was denied??!!"
 

·
Registered
Joined
·
198 Posts
The key thing is for you to appeal thus decision to the licensing division before your time runs out. Failing to do so will preclude any court challenge.

If if you can hire John Chambers, Murtha & Murtha or another experienced lawyer for help ASAP.
 

·
Registered
Joined
·
286 Posts
Last time I was in NYC, we were waiting for a train at a sidewalk level platform somewhere in the Bronx. I got a ticket and $300 fine for smoking a cigarette on the sidewalk, which was considered part of the train station. 5 more steps and it wouldn't have been the train station and I would've been ok. There was no option to move, put it out... Just here's your fine. I haven't been back since.

In Livingston county 11 violations and arrests for speeding might mean you are on your way to being a career criminal. In NYC I'm not so quick to judge.

I'd say if it is important to you, then appeal. I wish you the best of luck.
 

·
Registered
Joined
·
279 Posts
NYC only authorizes pistol permits for people who do not have a history of criminal activity.

If you have been arrested for speeding, for talking on the cell while driving, for urinating in public, for litering, govt. is gonna decide you don't truly respect the laws of the City and will worry you may decide to carry your gun outside the home, in violation of the premise permit.
 

·
Registered
Joined
·
1,028 Posts
NYC only authorizes pistol permits for people who do not have a history of criminal activity.

If you have been arrested for speeding, for talking on the cell while driving, for urinating in public, for litering, govt. is gonna decide you don't truly respect the laws of the City and will worry you may decide to carry your gun outside the home, in violation of the premise permit.
To put it more bluntly; NYC discourages firearms possession by the general public--clearly anti-2A. The mere fact that a NYC pistol license application submission runs $340, and renewed every three years at the same fee ought to tell you something. Forget about carry licenses; they are issued far and few in-between. So you want a NYC special unrestricted carry PL from NYPD?? Forget about it unless you're one of the elite,celebrity, rich and famous crowd or a retired state or NYC law enforcement officer.
 

·
Registered
Joined
·
279 Posts
To put it more bluntly; NYC discourages firearms possession by the general public--clearly anti-2A. The mere fact that a NYC pistol license application submission runs $340, and renewed every three years at the same fee ought to tell you something. Forget about carry licenses; they are issued far and few in-between. So you want a NYC special unrestricted carry PL from NYPD?? Forget about it unless you're one of the elite,celebrity, rich and famous crowd or a retired state or NYC law enforcement officer.
I know lots of NYC people with handgun premise permits.

One of them even had an arrest years ago when he was in his twenties.

However, its unlikely the NYPD will allow you to own a handgun if you have recent and frequent arrests.

It suggests one is not too concerned with local laws.
 

·
Registered
Joined
·
7,140 Posts
There is a lack of truthfulness here:

People do not GENERALLY get ARRESTED for speeding. They get a summons.
He states he was charged with TWO misdemeanors.
So maybe EXTREME speed and reckless driving???

While a disposition of a violation is not a bar to anything, the PC has the right and duty to also consider the underlying charges. H said he has been charged 11 times with violations, and twice with misdemeanors.

In my opinion, his chances of success, only three years later, are zero.
 

·
Registered
Joined
·
22 Posts
Have applied for a premise license and have my interview coming up in the next few weeks. I have no criminal history or arrest record, with only two traffic violations since I have had my drivers license, one was over ten years ago for a red light and the other was last summer for speeding. Have fully disclosed both to the NYPD, but am wondering what impact they may have on my license decision. Thanks!
 

·
Registered
Joined
·
89 Posts
Have applied for a premise license and have my interview coming up in the next few weeks. I have no criminal history or arrest record, with only two traffic violations since I have had my drivers license, one was over ten years ago for a red light and the other was last summer for speeding. Have fully disclosed both to the NYPD, but am wondering what impact they may have on my license decision. Thanks!
You should be fine. Obviously, dress professionally for your interview.
 

·
Registered
Joined
·
57 Posts
I don't suspect you'll have any problems. But a defensive driving class wouldn't hurt. :)

Have applied for a premise license and have my interview coming up in the next few weeks. I have no criminal history or arrest record, with only two traffic violations since I have had my drivers license, one was over ten years ago for a red light and the other was last summer for speeding. Have fully disclosed both to the NYPD, but am wondering what impact they may have on my license decision. Thanks!
 
1 - 14 of 14 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top