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Thank you. I have 2 Attorney s working on it. I will appeal it if need be and that nonsense about they have the final word has no clue as to how our system works.
Article 78 proceedings in state supreme court very rarely overturn an initial decision by a lower court. You must show the court's determination was arbitrary and capacious which is very difficult to prove. Public Officials have broad latitude and discretion in decision making and the court system recognizes that. A denial based on past arrest and conviction is about as bulletproof as it comes. Again, I did not say you should be or would be denied, but if you are.. good luck.
 

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Thank you. I have 2 Attorney s working on it. I will appeal it if need be and that nonsense about they have the final word has no clue as to how our system works.
Good for you. If there were more people like you in NYS there would be a lot less arbitrary denials.
 

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Article 78 proceedings in state supreme court very rarely overturn an initial decision by a lower court. You must show the court's determination was arbitrary and capacious which is very difficult to prove. Public Officials have broad latitude and discretion in decision making and the court system recognizes that. A denial based on past arrest and conviction is about as bulletproof as it comes. Again, I did not say you should be or would be denied, but if you are.. good luck.
An arrest from 30 years ago is very different from 30 days ago. Also he took steps in the eyes of the law to improve his standings and make it like that arrest didn't happen Legally speaking. Of course they will be able to see it and that it happened but the judge granting the certificate of relief Is essentially vouching for his character. This happened 30 years ago and has had no issues since then. This man should be rewarded for turning his life around and staying out of trouble not beat down. I too bet he will be approved.

Also I follow this forum a lot and many time people are denied and then approved on appeal.
 

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Discussion Starter · #25 ·
I was with my Attorney today and he assured me with a 100% certainty , and those of you who deal with Attorneys regularly no they never guarantee anything...assured me a 100% that the licensing officer does not have the final word. Especially if you appeal it.
 

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I was with my Attorney today and he assured me with a 100% certainty , and those of you who deal with Attorneys regularly no they never guarantee anything...assured me a 100% that the licensing officer does not have the final word. Especially if you appeal it.
Never said he did.

What your lawyer told you was a half truth. The longer this goes they more you have to pay them.

It will go to appeal, where that court almost always sides with the original court determination, because they recognize the wide berth they have. Can you articulate why a denial based on your criminal record would be arbitrary and capricious? That is what will be required.
 

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I pay an Attorney 495.00 an hour to do that. Watch and learn.
Which is exactly why you got the half truth. Do your own research. What I posted is a statement of fact. It is what it is. It is spelled out exactly. It must be proven to be arbitrary and capricious to overturn. You didn't answer the question so I'll ask it again.

Can you articulate why a denial based on your criminal record would be arbitrary and capricious?

The lawyer is not your buddy. He has a financial interest in stringing this out as long as possible.
 

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Here's a case in NY where someone was denied a pistol license for being rude to the office staff. She lawyered up and filed an Article 78 appeal. IT WAS DENIED.
Denied for being rude to the staff. Upheld by the court of appeals. Still feel like a denial based on an arrest and conviction on weapons charges would be a slam dunk to overturn? LOL. I'm just shooting straight with you. Let everyone else pump sunshine. Don't get taken for a ride by a money hungry lawyer. I hope you get the license you so desperately seek.

COURT CASE:
https://www.govinfo.gov/content/pkg...v-00883/pdf/USCOURTS-nynd-3_13-cv-00883-0.pdf
 

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Here's a case in NY where someone was denied a pistol license for being rude to the office staff.
Being "rude" to the office staff while you are in the process of applying for a pistol permit in that very office is an indication of your current state of mind and temperament. Doesn't really apply to the OP's situation. The OP has shown a clean record for several decades. That's the point, not the apparent degree of the offence.
 

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Being "rude" to the office staff while you are in the process of applying for a pistol permit in that very office is an indication of your current state of mind and temperament. Doesn't really apply to the OP's situation. The OP has shown a clean record for several decades. That's the point, not the apparent degree of the offence.
Being rude is hardly a disqualifying event in PL. 400. It speaks to the wide berth of the licensing officers ability to deny if he doesn't like someone's character. You did however miss the bigger point that the appeals court denied the article 78 challenge, siding with the judge and further cementing that they almost never overturn the initial decision because they understand the licensing officers powers and abilities. As stated you must prove the denial was arbitrary and capricious which is pretty much impossible as it is the licensing officers own opinion or view.
 

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lol, you guys make me laugh. you can be DENIED, or REVOKED for any REASON, or NO REASON AT ALL. This is NY. This is not some free state. This is New Yorkistan, Sullivan has been in place since what 1910? Be a DICK to the clerk? DENIED! Think you have RIGHTS? Denied!
 

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lol, you guys make me laugh. you can be DENIED, or REVOKED for any REASON, or NO REASON AT ALL. This is NY. This is not some free state. This is New Yorkistan, Sullivan has been in place since what 1910? Be a DICK to the clerk? DENIED! Think you have RIGHTS? Denied!
Exactly! Which is why is it comical to come on here all cocky thinking because a lawyer is stringing you along bleeding every penny out of you possible, that you are a lock to obtain a permit. He is in a fog and cannot see the situation. He want's it so bad he will shut the facts out. Giving a licensing officer a great reason to deny you will pretty much guarantee they will. Being convicted of Criminal Weapons Possession is one of the key crimes that they usually deny for. Thinking you will be able to get that overturned is purely laughable. If it is denied initially he's toast! But he knows more than us, and he doesn't care about the precedents that have been set. He doesn't care that the licensing officer has broad authority. He's different. He got a lawyer. He thinks everyone else before him didn't do the same.
 

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Discussion Starter · #36 ·
Watch and learn. You guys stay on your high horses. Extremely naive and blinded as to how the system works. And for the record I could care less about the actual permit. Its 100% about not allowing the system to win. All you smart guys should pay attention, you're one second away from losing yours. To think someone is more likely to cause havoc with a pistol and not with a long guns us just plain stupid. You guys are exactly who the left love.
 

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Watch and learn. You guys stay on your high horses. Extremely naive and blinded as to how the system works. And for the record I could care less about the actual permit. Its 100% about not allowing the system to win. All you smart guys should pay attention, you're one second away from losing yours. To think someone is more likely to cause havoc with a pistol and not with a long guns us just plain stupid. You guys are exactly who the left love.
"Watch and learn" just like everyone else before you said. I'm not sure why you think you're someone special. They will deny you like anyone else. You think you're the first person to get a lawyer? Who's on their high horse? Look in the mirror.

Nobody (at least not me) thinks that you shouldn't be able to get a pistol. We (I) know that a long gun is just as dangerous (and more so) than a pistol.

We (I) am just letting you know the realities of getting a permit in NY where they generally don't want you, me, or any of us to get one in the first place. I'm talking about people with squeaky clean records. You have an additional hurdle of a criminal record, and a record of unlawful weapons charges to boot! You have a rough road ahead of you. If you are denied, you are ultra cocky thinking it will easily be overturned. I have provided a bullshit denial that was upheld as proof that a reversal is almost never given. The circumstances would have to be extreme. The law says it must be "arbitrary and capricious". Those are not my words. They are the law. A denial based on an applicants criminal record is not even close to being "arbitrary and capricious".

If they can deny for being rude and uphold that denial, what makes you think they can't uphold your criminal record (weapons related) denial? You are not looking at the facts objectively, because you so badly want to get the permit. Throw in a lawyer buttering you up to get more money out of you and you are 100% convinced that you're a lock. There is no way they can deny YOU! Anyone else, yes.. but no, not YOU!
 

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Discussion Starter · #38 ·
I spend half the year in Florida already so don't presume you know me and my situation. 2nd my family member who's gun got mixed up with mine has already received his back. No appeal. You have no clue.
 

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I spend half the year in Florida already so don't presume you know me and my situation. 2nd my family member who's gun got mixed up with mine has already received his back. No appeal. You have no clue.
Oh you go to Florida?! Why didn't you say so! Instant approval! LOL

Each situation and licensing officer is different. Your family member being approved is irrelevant to you or anyone else. Each case is looked at independently.

Good luck. I know you can taste it!
 

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Discussion Starter · #40 ·
Isn't it the time of the week for you to mow your lawn. Let me guess your life. You worked at doing some meaningless job 40 hours a week , now retired with maybe a small pension and a SS check. You eat dinner same time ever night The only interaction you have with people is on these type of forums, where you try to spread what you think is knowledge. Stay miserable . Oh the Florida comment , because you probably have never been out of NY was made because you're again probably not aware that my charge isn't even a crime in most states so I can own firearm of any kind there.
 
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