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Discussion Starter · #1 · (Edited)
Hey All. Just joined up! Great site, happy I found it.

Ok here is my deal. Westchester resident, putting together all of my paperwork and have a gun shop helping me with the process. I have 3 arrests, 2 were dismissed and the third I plead guilty to a violation (disorderly conduct) in 2010. However, that same case I was issued a order of protection for 2 years. It was a scuffle with a 7-11 employee who thought I was stealing and we got into a fight outside the store.
So my question is 2 parts: Do you think this will be grounds for denial? Is anybody familiar with Queens Criminal Court and can tell me where to get the order of protection documents? Is it the same place as the disposition?

Thanks all for the help!
 

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Yes it’s grounds for a denial. Also you’ll have tomlikely list the other arrests. Good luck. As for getting the paperwork just call the court system you won’t through and they should be able to provide it. You will likely get denied in NYS.
 
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Discussion Starter · #3 ·
That is surprising to me. The shop I am working with told me it would not be an issue as I do not have any criminal record. The disorderly conduct was a violation and fairly minor according to them and the order of protection was not domestic abuse related. I guess I'll just roll the dice.
Thanks for the reply.
 

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Maybe I’m wrong, but westchester is not exactly gun friendly and a order of protection is not a good thing to have when going for a gun permit. Orders of protection bar you from buying a gun while active right? Also 2 other arrests does not add up to a victory or easy ride to a gun permit. As far as I know they ask for all arrests. I’ve heard of people being denied for too many speeding tickets. Again I’m not the judge, but he’s the one putting his name on that peice of paper saying he thinks your responsible enough. Not sure a democrat judge will do that.
 
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Discussion Starter · #5 ·
I absolutely agree with you. NYS and Westchester especially are not gun friendly. Just to clarify and give some more context around my arrests - one was for not having enough money to pay for a cab - it was a theft of service charge, but the judge immediately dismissed it as it was for $8.34 and I simply made a mistake. The other was for a warrant that was issued due to my nonpayment of the disorderly conduct fine mentioned already ($150) I brought my proof of payment to the judge and it was again dismissed - this was essentially a mistake on the city. Furthermore, I have gone through numerous NICS checks as I have many long guns and there was never any issue or even a delay. The order of protection is worrisome for me, no doubt, but I hope that the facts will reveal that it was a minor incident and not something that indicates violent or unstable behavior.
 
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Discussion Starter · #6 ·
I'll be watching this thread, best of luck to you. You didn't say what the original charge(s) was(were) for the "scuffle." I've heard the original charges are more important than what you pled to.
 

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Westchester? Your getting denied initially. Just have the lawyer's number stored in your phone for the day you get the letter and that's still no guarantee with multiple arrests and order of protection. Literally just got a phone call today from someone denied with a driving under-age (misdemeanor) cover 8 years ago. Luckily judge overturned it.

It's also really going to depend on which Judge you get.
 

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That warrant better be a mistake on the part of the court or city and you’d better be able to prove that in my opinion. If not no way will you get approved. They will look at it as you do not follow court orders and you will not follow the judges restrictions placed on your pistol permit. Westchester from what I know always places restrictions on permits. Good luck and I’m not saying you can’t appeal it and get approved, but your looking at an uphill battle and be prepared for it. The theft thing is not a big deal. The other two would make me nervous though.
 
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Discussion Starter · #9 ·
Whoops, I need to clarify. I just looked up all of my charges. Again, I have 3:
PL 165.15 - Theft of services. Dismissed by judge. This was the taxi ride where I forgot my wallet.
PL 240.20 01 - Offensive matter in public place. Dismissed, legally insufficient. This was a protest type situation in Brooklyn, wrong place at the wrong time.
PL 240.20 00 V - plead guilty to disorderly conduct, a violation, not a crime. This has the order of protection attached to it. 2 years (2010 - 2012) I had to stay away from the 7-11 in which the fight occurred.
No warrants.

So, according to NYS Law - I have committed zero crimes. The order of protection was not domestic abuse related. I am sure a lawyer would have a field day with this should I get denied because I cannot find anywhere that states that any of the above is grounds for denial.
 
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Discussion Starter · #11 ·
Pled down from Assault 3rd deg (Misdemeanor) & harassment 2nd deg (violation)

Apply for a Firearms License | The State of New York
NYS eligibility criteria states -" Have no prior felony or serious offense convictions".
I do not have any such convictions.
Definitely understand this is a uphill battle, I've already reached out to some professional 2A lawyers so I'm ready when that denial comes in.
 
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Discussion Starter · #12 ·
Adding this section from the FAQ of pistol permit lawyers (for others to read should they come to this thread)

"If you have been convicted of a felony or if you currently have an Order of Protection against you, federal law prohibits possession of a pistol permit. Although treatment for mental health issues may bar you from legally owning a firearm, failing to disclose such treatment to the licensing authorities will probably result in denial. Most felony convictions will result in denial of a handgun permit, unless the arrest was for a non-violent felony which carries a sentence of less than one year and the court issues a Certificate of Relief from Civil Disabilities.Federal law prohibits possession of a handgun by anyone who has an active order of protection against them. Although treatment for a mental health issue may bar you from possessing a firearm, failing to disclose treatment to the licensing authorities will most likely result in denial."
 

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One other note. All of the cases I have mentioned are sealed, not sure if that helps at all.
They are sealed to me and normal police, but not for a pistol permit. Don't leave anything off. They will know. They also know the original charges and seem to hold you accountable to them. Don't forget there are people that were never arrested or charged with a crime denied. I'm serious I've heard of people being denied for too many traffic tickets.
 

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Dear Lupulus Warlock:

The best recommendation I can give you is to speak with legal council. The worst thing that can happen is you receiving a denial which will make it incredibly difficult to apply for a license in the future (aka you want to make sure you get it right the first time). In light of the fact that you have prior arrests, your application is going to have to be crafted carefully and strategically (especially in Westchester). My office handles cases such as these all the time and we are actually across the river. Feel free to give us a shout and we can see how to help! Best of luck and keep us posted!
 

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Dear Lupulus Warlock:

The best recommendation I can give you is to speak with legal council. The worst thing that can happen is you receiving a denial which will make it incredibly difficult to apply for a license in the future (aka you want to make sure you get it right the first time). In light of the fact that you have prior arrests, your application is going to have to be crafted carefully and strategically (especially in Westchester). My office handles cases such as these all the time and we are actually across the river. Feel free to give us a shout and we can see how to help! Best of luck and keep us posted!
Great advice. I'd call him.
 
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