DENIED

5277 Views 107 Replies 18 Participants Last post by Saltwater60, 2 d ago

Mhibbard

Discussion Starter · 2 mo ago

My application was denied because of failure to disclose one arrest. I did disclose as much as I could remember, I included a background check that I paid for that had “no results found”. I’m unsure of which arrest wasn’t listed. I did contact state police and the sheriffs office in both of the counties I lived in prior to submitting my application, which also told me they had no records. I know I have to appeal their decision, but wondering how it should be worded. Or should I just seek legal counsel?

1 - 20 of 108 Posts

Mhibbard

Discussion Starter · #2 · 2 mo ago

Ideas anyone?

Vicarious

· #3 · 2 mo ago

Not to bag on you as it sucks you have to go to appeal, but, you forgot an arrest? How can you forget an arrest.

Anyway, like i said, that sucks, theres another active thread here on contacting legal representation, someone said it must be withn 30 day IIRC.

Reactions: 1

Mhibbard

Discussion Starter · #4 · 2 mo ago

Vicarious said:
Not to bag on you as it sucks you have to go to appeal, but, you forgot an arrest? How can you forget an arrest.

Anyway, like i said, that sucks, theres another active thread here on contacting legal representation, someone said it must be withn 30 day IIRC.

had a bit of a rough patch growing up with the wrong group. It was mostly all little things and fighting in school and what not. I haven’t been arrested since 2003-4?

Reactions: 1

Saltwater60

· #5 · 2 mo ago

Mhibbard said:
had a bit of a rough patch growing up with the wrong group. It was mostly all little things and fighting in school and what not. I haven’t been arrested since 2003-4?

They found that arrest somehow. Was it an arrest or a conviction? Sealed and juvenile records are all visible to them. Contact a lawyer if you want to win.

Mhibbard

Discussion Starter · #6 · 2 mo ago

Saltwater60 said:
They found that arrest somehow. Was it an arrest or a conviction? Sealed and juvenile records are all visible to them. Contact a lawyer if you want to win.

the letter states “while you did disclose some arrests on your application, there was one arrest that you did not disclose”. I have no clue what it is

Saltwater60

· #7 · 2 mo ago

Mhibbard said:
the letter states “while you did disclose some arrests on your application, there was one arrest that you did not disclose”. I have no clue what it is

Honestly I would call and ask them. Just tell them I listed what I remembered, I called this place and that to make sure I included them all but I must have missed one. It could be an appearance ticket or something you didn’t even consider an arrest.

Reactions: 1

kjeremy2

· #8 · 2 mo ago

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Reactions: 3

Mhibbard

Discussion Starter · #9 · 2 mo ago

Saltwater60 said:
Honestly I would call and ask them. Just tell them I listed what I remembered, I called this place and that to make sure I included them all but I must have missed one. It could be an appearance ticket or something you didn’t even consider an arrest.

I called and got an answering service. I left my name and number, but I'm sure they wont call back.. Ill keep calling

Reactions: 1

Mhibbard

Discussion Starter · #10 · 2 mo ago

kjeremy2 said:
Legal Representation – Advocacy - Attorney

Bellantoni Law offers legal representation and advocacy to clients who seek to protect their civil rights. Our attorneys are qualified and extend advocacy support whenever you need it. With more than 15 years of legal experience we provide comprehensive and personal attention to all clients...

www.bellantoni-law.com

$350 for a 30 minute phone call..

Hickok

· #11 · 2 mo ago

Mhibbard said:
$350 for a 30 minute phone call..

$350 is just part of the expense, you could be looking at $5k -$7k for an Article 78 hearing.

Reactions: 1

Mhibbard

Discussion Starter · #12 · 2 mo ago

Hickok said:
$350 is just part of the expense, you could be looking at $5k -$7k for an Article 78 hearing.

in that case, ill just send my letter appealing the decision and hope for the best...then wait another year and reapply if im still in this godforsaken state..

Mhibbard

Discussion Starter · #13 · 2 mo ago

Letter I'm sending..

Re: Pistol License Application

License # ****

Judge Theodore H. Lampert:

I ** ** would like to appeal to your decision to deny my application for a pistol permit in the state of New York due to not disclosing one arrest. I believe that I did my due diligence in trying to record everything to the best of my recollection. I have contacted the State Police and the Sheriff’s offices in Jefferson County as well as Onondaga County to get any records they may have had. No one was able to provide me with any records because they couldn’t find any. I also paid for a background check through the New York State Unified Court System, which came back with no results. Therefore, I only had my memory to rely on. In your letter, you stated that I have the right to be heard by the court with respect to the above determination and submit factual proof to show that I was not the person who was arrested as described. Unfortunately, there was nothing described in your letter. I have called your office and left messages. I did disclose everything that I remembered in my application. I did in good faith and to the best of my knowledge sign each form believing that all charges were listed. I am still unsure of which arrest I did not disclose. Please, reconsider your decision on this denial, as I don’t believe I should be denied on this basis.

Yours Truly,

See less See more

Reactions: 1

kjeremy2

· #14 · 2 mo ago

Mhibbard said:
$350 for a 30 minute phone call..

it was 150 not that long ago

Bsstuff1

· #15 · 2 mo ago

[

Mhibbard said:
$350 for a 30 minute phone call..

well worth it she’s amazing

note your denial stays with you for life.You should address it the proper way and not mess around

Reactions: 1

kjeremy2

· #16 · 2 mo ago

Mhibbard said:
$350 for a 30 minute phone call..

well ask yourself if ever being able to have a CCW is worth paying 350 to you. i am going through the same issue right now and i will retain her and fight this battle. it is worth it to me to be able to protect myself and family if anything were to ever happen. i wouldn't send a letter i would suck it up and pay the 350 and maybe it'll only cost you another 200 or so and she'll write the letter for you and give you a better shot at reversing the decision.

Reactions: 1

Hickok

· #17 · 2 mo ago

Mhibbard said:
in that case, ill just send my letter appealing the decision and hope for the best...then wait another year and reapply if im still in this godforsaken state..

If the 30 minute phone call with the attorney provided you with all the ammunition to proceed on your own. Go for it.

Reactions: 1

Saltwater60

· #18 · 2 mo ago

Mhibbard said:
I called and got an answering service. I left my name and number, but I'm sure they wont call back.. Ill keep calling

They may not tell you anyway. You can file a freedom of information request but I’m not sure how fast they need to fill that.

Saltwater60

· #19 · 2 mo ago

Mhibbard said:
Letter I'm sending..

Re: Pistol License Application

License # ****

Good luck.

Judge Theodore H. Lampert:

I ** ** would like to appeal to your decision to deny my application for a pistol permit in the state of New York due to not disclosing one arrest. I believe that I did my due diligence in trying to record everything to the best of my recollection. I have contacted the State Police and the Sheriff’s offices in Jefferson County as well as Onondaga County to get any records they may have had. No one was able to provide me with any records because they couldn’t find any. I also paid for a background check through the New York State Unified Court System, which came back with no results. Therefore, I only had my memory to rely on. In your letter, you stated that I have the right to be heard by the court with respect to the above determination and submit factual proof to show that I was not the person who was arrested as described. Unfortunately, there was nothing described in your letter. I have called your office and left messages. I did disclose everything that I remembered in my application. I did in good faith and to the best of my knowledge sign each form believing that all charges were listed. I am still unsure of which arrest I did not disclose. Please, reconsider your decision on this denial, as I don’t believe I should be denied on this basis.

Yours Truly,

I like the letter. Better be able to prove that you did that background check. I’m not sure you’ll be able to prove the call to the NYSP or sheriff but there might be a record on their end.

Saltwater60

· #20 · 2 mo ago

Mhibbard said:
in that case, ill just send my letter appealing the decision and hope for the best...then wait another year and reapply if im still in this godforsaken state..

If you can’t find what the arrest was applying in a year from now will yield you no different of a result.

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