In New York it has become extremely difficult to obtain a pistol license. Certainly in light of the tragedies that have taken place with multiple shooters, all the various counties in New York State have by virtue of the SAFE Act enhanced their protocol for someone to be able to obtain a pistol license. In Nassau County and Suffolk County as an example, there is a very rigorous process in which the individual is scrutinized. There is an application that has to be filled out, various fees that have to be paid, but more importantly, the investigators that are assigned to investigate the application are extremely critical. No benefit of the doubt is given to the applicant. If there is any way that they can cancel or deny a permit, they will do that. It is a position which almost reeks of not doing the right thing but protecting themselves from criticism, and what happens in these instances if there is any misstatement or any indication of a prior crime that is not disclosed, they will reject the application.
In fact, there is a mechanism within the law called an adjournment in contemplation of dismissal. Many applicants are of the opinion having been told that the adjournment in contemplation of dismissal will result in a dismissal, a sealed record, and will put the individual back in his original place. However, in the pistol license application process, they make clear that they want you to disclose that you received an adjournment in contemplation of dismissal and want to know the facts and circumstances of that original case. Again, it is critical that you have all your information correct and that it is put down in a candid and forthright factor. We help many clients that come in in the preparation of those applications. We help them with their background check to make sure that the correct answers are given to the various questions. Again, the investigators make their determination, and then at that point they make a recommendation to the Head of the Pistol License Section who can either grant or deny the application.
If you are in need of legal counsel in New York State, please feel free to contact Grunwald & Seman, P.C. and we would be happy to assist you.
