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Court Decides if DWI Offender Should be Denied Gun License


The right to bear arms in this country is a vital part of our country’s history. In recent years, the right to bear arms, has been more limited than at any other time in the history of this nation. In order to bear arms in New York, a person must apply for a license. The laws that control the eligibility requirements for obtaining a pistol license are unusually broad. The pistol-licensing officer has tremendous discretion when it comes to approving permits. Penal Law § 400.009(1) states that the pistol licensing officer has the right to deny any application for any good cause.

A New York DWI Lawyer said there have been several appeals based on decisions of pistol licensing officers to deny the right to bear arms in the state of New York. No one wants to have people with mental problems, or serious criminals running around with firearms. So where is the line drawn? Florida’s stand your ground law is being criticized in the news because of the recent shooting involving a neighborhood watch representative who was armed when he encountered a teen in a hoody this year. The teen did not survive the encounter. There were no witnesses to the shooting. The neighborhood watch representative stated that the teen attacked him and he was in fear that he was going to sustain serious bodily harm. Following the police investigation and community outcry, the neighborhood watch representative was arrested. If the neighborhood watch representative had not been armed, the situation would have been different. Whether that means that the neighborhood watch representative would have been injured by the teen is unknown. There have been many situations where people who have exercised their right to bear arms, have had to justify their choices. Ultimately, if a person has to defend their lives in the face of a threat, they are glad to have a gun with them.

In one case from New York in 2011, a man appealed the judgment of the pistol licensing officer who denied his request for a pistol license. He stated that there was no reason for the license to be denied. A New York DWI Lawyer said the pistol licensing officer determined that the man had been arrested three times for DWI and had one conviction for DUI. One of the arrests for DUI occurred while his pistol license was in review. In this case, it is fairly obvious that this man did not exercise good common sense when it came to his actions. Does this mean that he should not be allowed to carry a pistol? It would probably be a bad idea.

Because this man appears to have a problem with maintaining sobriety, he would most likely not be a good candidate to carry a pistol. Anyone who is intoxicated, does not have the mental acuity to be able to manage a firearm. Guns and alcohol do not mix. The appeals court determined that the pistol licensing officer was correct. He decided that three DWI charges made this person a high risk option for a weapons permit.

When it comes to deciding who should and who should not be allowed to have a pistol license, it is important that guidelines be set. Currently, a finite number of people are entrusted with deciding how much of a risk each person is who files a pistol license request. A Nassau County DWI Lawyer said although, the law does not specifically spell out the guidelines involved, it can be agreed that a person with an alcohol or drug problem is not a good choice. However, even with these arrests, this man filed an appeal attempting to get the decision overturned.

At Stephen Bilkis & Associates the ability to have a Criminal Lawyer who has convenient offices throughout New York and Metropolitan area is available. Do not your rights after a DUI arrest. Our NY DUI Lawyer/Lawyers can provide you with advice to guide you through difficult situations. Without an New York DWI Lawyer, you could lose your rights and your freedom.

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