[mloria001]

I'm 29 and I've waited 11 months for my pistol permit. but instead I got a letter of denial that states "due to the recommendation of Monrro County sheriffs department at this time I cannot approve your pistol permit". here's my question . why ! I'm 29 I have no criminal record I am mentally and physically sound, ( other then mild depression . ) I would be surprised if having mild depression is enough to dismiss a case after all this is 2012 and is probably the most diagnosed over prescribed medication in this country other than ADD my doctor even aproved and supported it verbally and in writing . As for my references 2 of them for sure gave me good references , 1 moved out of the state to Florida so he cannot be a reference and my 4th I'm starting to wonder even tho he gave me his word he would give me a good reference I'm starting to think he didn't since I came to find out he is against guns altogether. unfortunately giving your word doesn't mean anything to some people but I was raised when you give your word it's your bond. A man can accomplish lots of things in life by just using his word Unfortunately the courts don't care so my question is why was i just turned down ? Any feedback would be greatly appreciated

1.No criminal record ( i hate fighing I'm a pacifist )

2. three of my four references checked out positive

3. and my physician verbally and in writing supported and approved it . WHAT THE **** ELSE IS THERE ! WHATS

HAPPENING TO THIS COUNTRY !!!!!!
DOES THE JUDGE WANT A [email protected]$%&! JOB OR SOMETHING ? IM SO LOST


PS I have appealed my case and just retained a lawyer today I will not go down without a fight

 

[TradersBASE]

Did they know about the "mild" depression and how?

 

[Dieter122]

3 of 4 references checked out positive. What about #4?

Also yes even mild depression if the state knows of it they may of used against you to deny you...they are cracking down in a major way looking for any excuse to deny new applicants.

 

[usmcveteran]

A couple of things that I am just going to throw out there.
First off besides taking forever Monroe County is good at approving permits. I am not sure why you would be denied.

There are a bunch of threads around here about people being denied and here are a few of the laws commonly broken IMO.
First off they took longer then 6 months to process your permit. The county will claim 6 months doesnt start until judge gets it but the law says it starts when it is turned in to appropriate authority (county clerks office in Monroe County). Unless he sent you a letter at 6 months telling you why it was being delayed and it had to be your fault (not filling everything out or maybe getting a hold of your references).

Also the Judge violated the law by not specifically telling you in writting why the permit was denied.

You could also try going for Deprivation of rights under color of law (federal statute). Bottom line dont let the county "tell you" what the law means. Take them to court and show no mercy to get some clarification on why they dont follow the law.

Good Luck and keep us updated.

 

[sr20sean]

S 400.00
4-a. Processing of license applications. Applications for licenses
shall be accepted for processing by the licensing officer at the time of
presentment. Except upon written notice to the applicant specifically
stating the reasons for any delay, in each case the licensing officer
shall act upon any application for a license pursuant to this section
within six months of the date of presentment of such an application to
the appropriate authority. Such delay may only be for good cause and
with respect to the applicant. 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.

 

[goperfect]

That sucks! I am glad to hear that you are getting a lawyer. Sucks that you have to dole out the cash to retain one. Good luck

He did get a reason in writing why he was denied; I got a letter of denial that states "due to the recommendation of Monrro County sheriffs department at this time I cannot approve your pistol permit". We may think that the reason sucks, but is still a valid reason.

Again mloria001, good luck and keep us all posted on your appeal.

 

[dsdmmat]

Sue the county for denying your constitutional right of self defense.

 

[cgrutt]

Sorry to hear your permit application was denied. Notwithstanding the 6 month timeframe, it boils down to the judges discretion. I believe for an appeal of his decision you will have to demonstrate he somehow treated you unfairly or his decision was somehow biased (I'm not a lawyer so this may not be the case). Being on meds for depression and having a reference that you selected not turn out so good certainly does not weigh in your favor. I do think you should challenge it and hiring an attorney is the best approach for doing that, but you should also be realistic about your odds of prevailing so you don't throw a lot of money down the drain in legal fees. Seriously, good luck with your appeal. I hope it works out for you.

 

[usmcveteran]

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.

The whole denying based on investigation reason does not cut it IMO as meeting the above section of law. How is one to dispute the findings if the findings are not given?

As Cgrutt said, the licensing officer has a lot of discretion. But even though you may have been denied for "reason" the law was violated while acting on your permit. So since the law was violated against you, your due process was in fact violated as well.

Good luck

 

[Lightor]

1.No criminal record ( i hate fighing I'm a pacifist )

Kinda off topic but why would you need a pistol permit if you're a pacifist. Violence even in self defense is not pacifism. Just thought I'd throw that out there.

Pacifist: (pac·i·fist) a person who believes in pacifism or is opposed to war or to violence of any kind.

 

[Jeff]

I am not sure why you would be denied.

Probably depression.

http://www.nyfirearms.com/forums/pistol-permits/11725-soo-nervous-about-upcoming-hearing.html
Somewhat similar case that was posted here.

 

[RayKnobs]

If you want your permit now you need a lawyer, we are not lawyers. There are few lawyers that members here can recommend if you ask.

 

[Sweet98]

If you want your permit now you need a lawyer, we are not lawyers. There are few lawyers that members here can recommend if you ask.

PS I have appealed my case and just retained a lawyer today I will not go down without a fight

(from his first post)

 

[Tim]

First off they took longer then 6 months to process your permit. The county will claim 6 months doesnt start until judge gets it but the law says it starts when it is turned in to appropriate authority (county clerks office in Monroe County). Unless he sent you a letter at 6 months telling you why it was being delayed and it had to be your fault (not filling everything out or maybe getting a hold of your references).

This is the only problem I have with your statement. The licensing authority is the judge. So unless it sits on the judges desk for longer than 6 months there's nothing "wrong" per se (except for the fact that its taking so long). The clerks/sheriffs/etc can hold onto it as long as they want.

 

[cgrutt]

I thought same thing but upon rereading 400 quoted in a post above it also uses the term "appropriate authorities" with respect to submission of application and 6 month timeframe. As always, subject to interpretation.

 

[RochPersDef]

I do hope you contacted Sheldon Boyce (Gun Attorney) for this. If not, you should.

 

[amajr316]

A couple of things that I am just going to throw out there.
First off besides taking forever Monroe County is good at approving permits. I am not sure why you would be denied.

There are a bunch of threads around here about people being denied and here are a few of the laws commonly broken IMO.
First off they took longer then 6 months to process your permit. The county will claim 6 months doesnt start until judge gets it but the law says it starts when it is turned in to appropriate authority (county clerks office in Monroe County). Unless he sent you a letter at 6 months telling you why it was being delayed and it had to be your fault (not filling everything out or maybe getting a hold of your references).

Also the Judge violated the law by not specifically telling you in writting why the permit was denied.

You could also try going for Deprivation of rights under color of law (federal statute). Bottom line dont let the county "tell you" what the law means. Take them to court and show no mercy to get some clarification on why they dont follow the law.

Good Luck and keep us updated.

A lot of good points here but the debate remains. The county clerk who processes the paperwork is not the "licensing authority". That power remains with the judge.

 

[Culvercreek Hunt Club]

Good luck I hope you find out why. I would have to say that just like giving references for a job....if there is even a question in any of our monds about "will the person give me a good reference" the question on whether to use them or not is already answered. I have called references that potential candidates have given me for positions and it always amazes me that the applicant doesn't really know what the reference thinks of them.

 

[ladder13]

There is no Constitutional right in NY, sadly.

 

[ladder13]

Kinda off topic but why would you need a pistol permit if you're a pacifist. Violence even in self defense is not pacifism. Just thought I'd throw that out there.

Pacifist: (pac·i·fist) a person who believes in pacifism or is opposed to war or to violence of any kind.

Maybe he just wants to shoot holes in paper.