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Defendant Argues that Revocation of Gun License is Unfair

A man had applied for and was granted target pistol licenses for his two pistols since May 1967. In 2001 the License Division of the NYPD converted all target pistol licensed into Premises Residence Licenses. Accordingly, man’s the pistol license renewal applications were converted into renewal applications for Premises Residence Licenses. On September 10, 2004, the NYPD License Division approved his renewal application and issued him a new Premises Residence License.

A New York Criminal Lawyer said that in June 2006, the NYPD received a notification that the gun licensee was arrested for a domestic dispute. The NYPD confiscated the licensed firearms. When they came to his apartment, they found two rifles in his residence which were not licensed. These were confiscated by the NYPD as well.

The police were called to the home shared by the gun licensee and his wife. The wife testified that she and her husband had a verbal dispute and as a result of their argument, the gun licensee assaulted his wife by punching her and kicking her. The wife also retaliated and assaulted her husband by punching and kicking him as well.

A month later, the gun licensee’s Premises Residence Licenses were suspended pending investigation of the domestic violence incident between the gun licensee and his wife.

TA New York Criminal Lawyer said that two months after the domestic violence incident, a family court in King’s County issued a temporary order of protection was issued against the gun licensee. After the issuance of the temporary order of protection, he and his wife had a loud verbal dispute while inside a restaurant. The gun licensee was arrested for violating the temporary order of protection. This arrest was voided later.

In the meantime, the investigation of the special investigator for the Licensing Division of the NYPD discovered that the gun licensee had not disclosed his prior domestic violence arrests and complaints. He had not reported his arrests or his receipt of orders of protections. He also had a history of possessing long arms in his home without the appropriate licenses. The investigator recommended the suspension of his license but the Licensing Division did not follow the investigator’s recommendation and instead revoked the licenses issued to the gun licensee.

They revoked his license because he violated the terms and conditions of the issuance of the licenses; he failed to notify the Licensing Division that the police had confiscated his unlicensed firearms and his licensed pistols; he failed to notify the Licensing Division that an order of protection had been issued against him; he failed to notify the Licensing Divisio in that he was arrested; he failed to notify them of the domestic violence incidents in the past.

The gun licensee filed a case in court questioning the validity of the revocation of his licenses. He contends that the revocation was arbitrary and capricious.

The only question before the court is to determine whether or not the Licensing Division of the New York Police Department gravely abused its discretion by revoking the gun licenses. The Court must find that the NYPD had a rational basis for the revocation in order to sustain the revocation of the licenses.

First the Court noted that the Licensing Division had a broad discretion to grant or revoke licenses. The courts must respect the decision of the Licensing Division especially when there is an issue of public safety. The only way that the revocation may be assailed is if the revocation was disproportionate to the offenses committed. The circumstances of the revocation must be shown to be shocking to the sense of fairness of the court.

The gun licensee makes much of his good moral character and he claims that his arrest for domestic violence and his arrest for the violation of the temporary order of protection were voided. He has been a licensee for 43 years and he has never been arrested for a gun crime, except for the assault charge relative to the domestic violence dispute he had with his wife.

The Court found that the petition was without merit. The reason for the revocation was not the arrest but the failure of the licensee to notify and inform the Licensing Division of his arrests and of the issuance of an order of protection against him. This is a rational basis. The revocation of his gun licenses is upheld.

A NYC Domestic Violence attorney will inform you that an arrest for domestic violence and a conviction for assault consequent to a domestic violence or sex crimes, incident has consequences beyond the sentencing and the penalty. A NY Domestic Violence lawyer will advise you that licenses that require a spotless criminal record may be revoked as a result of your arrest and conviction. Contact Stephen Bilkis and Associates today. Speak to any of their New York City Domestic Violence attorneys who can explain to you all the implications and consequences of a domestic violence conviction. You may speak to any of their New York Domestic Violence lawyers at any of their offices in the New York area.

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