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Thread: Pistol Permit Denial

  1. #1
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    Jan 2010
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    Default Pistol Permit Denial

    I have a friend that had a Pistol Permit Revoked about 10 years ago. He was accused of menacing and child endangerment. Both charges were dropped and he plead guilty to a disorderly conduct. His permit was revoked because the judge sadi it was not issued as a carry permit. He wants to reapply for his NYS Pistol Permit. He applied and got a 03 FFL C&R license. If he reapplies for a NYS pistol permit, what are the chances of it being denied. I looked into it some and found that the license can't based on arbitrary and capricious reasons. Even though he was arrested for a misdemeanor crime, he was never convicted and that can't really be used as a basis for denial can it? That would be the same as saying that as a teenager, he was arrested for possession of a controled substance and found not guilty then denied a pistol permit because of the arrest.

  2. #2
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    I would say that if the charges were dropped that he should still be able to get a permit. I've heard of adults that were arrested for drug possession when they were 19-23 receiving a pistol permit 5-10 years later. I don't think he'd have a problem getting a permit.

  3. #3
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    If he plead guilty to Disorderly Conduct, its the same as being convicted of that charge. Its not going to be an automatic disqualification, but he'll need to do some explaining.

    Also, you say that his permit was revoked because, "the judge sadi it was not issued as a carry permit." I take that to mean something along the line that your friend had a Hunting, Target restriction on his permit and he was caught with a handgun while he wasn't hunting or target shooting. This is likely to be the bigger hurdle in getting a new permit. Judges take it personally when their orders aren't obeyed.

    If he reapplies for his permit, at most he'll only be out the application fees and some time if he doesn't get it. Here in the Great State of New York, the judges have complete and total say over who gets a permit and who doesn't, so if his judge is a kind and forgiving judge, he might get it, but I don't think he'll get an unrestricted permit right away.

    Please post back and let us know how your friend makes out..

  4. #4
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    Thanks guys. I will pass along the info. I have done some more research on another topic. Since the judge has a right to "restrict" the permit, and the NY State Constitution states, "the right of the people to keep and bear arms shall not be infringed" isn't this a contradiction? The dictionary defines one of the meanings of infringement as "limit" and it also defines "restrict" as "limit" as well... If this is the case, how can the judge restrict my permit? I know the state allows the local judge to impose restrictions, but in my opinion, and defintions of restrict and inferinge by Meriam Webster, to restrict is to infringe, which is against the Constituions of the US and NY State...
    UUUUUUGH!!! LAWYERS!

  5. #5
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    Restrictions on permits are a violation of the constitution, NY doesn't think that applies to them though.

  6. #6
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    This really is the porblem. They can do what they want and the only way to push it is to get a lawyer and fight. If you can afford that fight. It really pisses me off that even though the law says one thing, judges, corporations, Mayors and the such do what they want and recognize the fact that if we do not like it then we can pay to fight them. The irony is that in the case of States and Counties, they use our own money to defend themselves. The mayors of NYC and Washington DC are prime examples. The Supreme Court stated that they cannot stop you form having a firearm and they ignore it. They should be made to obey the law or be removed from office. My rant continues since my wife has now been waiting over a year for a permit and with no reason they are just "processing" it...........What a bunch of $&(*^
    "You will fight the way you train"
    Warriors Mindset

  7. #7
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    Well then, We should start a group, get a million signatures, get every member of every gun club to sign, let's put these jerks in their place, the unemployment line. Let's unite and collectively contribute our funds and fight this bull$#&!. We can get backing by the NRA and willing pro bono lawyers to help. We shall call it the "UnInfringed Gun Owners of NY" Who's with me? Let's spread the word, and get this going...

  8. #8
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    We're with you, that's why this site is here. Instead of signatures, we're getting members. Get everyone you know who shoots, hunts, fishes, does archery, etc. here.
    Bill Cyrus-- Political and Activism Advisor
    SCOPE Board member

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  9. #9
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    As soon as I'm done with school I'm going to vote with my feet!

  10. #10
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    Ok, next topic: My Father In Law got his CCW Permit back in 1972. When he applied, he put hunting, target, etc. Today we went to get his permit ammended to add a few guns. The clerk realized his permit was never marked as restricted even though his application did. Now he needs to have his permit duplicated because of the physical condition. He was told that he will have to write a letter to the judge to ask to have his permit unrestricted. What should he write in his letter that will grant him an unrestricted permit. He has lived at the same address for 35 years, had the same employer for 35 years from which he retired, been married to the same woman for 39 years, and has had basically an unrestricted permit for 38 years. Now that it needs to be replaced it will be restricted because of an oversight by the clerk.

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