A man applied to the license division of the police department for a premises pistol permit. As required by the application, the man answered numerous questions pertaining to his qualification. The questions include as to whether he had ever been arrested and was an order of protection ever issued against him. The man answered yes to the abovementioned questions. The man also submitted notarized statements describing the circumstances of his two arrests.
The man’s first arrest happened when he was in college. He states that he fraudulently applied for and received unemployment benefits. He pled guilty to petit larceny, paid full compensation and was awarded a certificate of relief from civil disabilities.
A New York Criminal Lawyer said the man’s second arrest occurred at a random traffic checkpoint. When the officers checked his license, the officer discovered that it was suspended in accordance to a family court child support enforcement unit order. The man states that it was an error because he had already appeared before in the family court judge and made all the payments. The man obtained the necessary documentation to verify his claim.
Consequently, the man received a notice of disapproval which listed three reasons for the disapproval. Those reasons pertain to the aforementioned undisclosed arrest and discharge, his arrest for grand larceny and his three domestic violence incidents.
The man filed an appeal of the decision which addressed each of the three reasons for the disapproval. By letter, the man was informed that his appeal was denied because he failed to disclose his complete arrest history on his application and because of his history of domestic violence incidents. The letter also stated that the man’s recourse was to seek review by way of an article proceeding in the Supreme Court and consequently filed a petition.
The man argues that he already explained the misunderstanding regarding the juvenile arrest and he denies any history of domestic violence incidents.
The police department argues that law provides support for its denial of the man’s application. It states that all applicants are warned that false statements are grounds for disapproval. The police department further argues that the instruction form for the application states that even sealed arrests must be disclosed. In its answer, the police department concedes that the man accurately answered the application questions that pertain to the orders of protection. It states that it does not rely on the evidence of domestic issues as support for it denial of a pistol permit. A Westchester County Criminal Lawyer said the police department investigator’s case summary report concludes based on the circumstances of the above arrests and the applicant’s domestic incidents cast grave doubt on the moral character, judgment and fitness of the applicant to obtain a handgun license. The police department argues that despite the acquittal of the previous arrest and the plea to lesser charges in the other arrest, and the man’s failure to report one of them, provided the license division with sufficient good cause to deny the man’s application for a pistol license. The police department urges the court to uphold its decision as rational.
The man’s compliance with the application directions regarding his other two arrests sufficiently demonstrates his understanding of the instructions. Moreover, it disproves his claim that he did not read the directions closely or think that they applied to his particular situation.
Based on records, the law requires that a pistol permit may only be issued to an applicant after a finding that all statements in a proper application are true. The application itself warns that false statements are grounds for disapproval.
Thereafter, the court decided for the petition to deny and the proceeding is dismissed.
A lot of incidents arise from simple misunderstanding and sudden increase of voice by a person in an argument. If you have problem related to domestic violence, sex crimes, or drug or theft charges contact our office for guidance. If you also need an expert from criminal issues, you can speak with New York Criminal Lawyers at Stephen Bilkis & Associates.