Gun Permit Lawyer in Nassau County, Long Island
New York State allows its residents to own handguns. Pistol permits are governed by article 400 of the Penal Law. There are several types of permits offered to New York State residents, including premises permits, sportsman permits, and business pistol permits. A premises permit allows a resident to possess a gun at one’s residence or place of business. A sportsman permit allows an individual to take their handgun to a shooting range or sporting activity. The business permit allows residents to own and carry a pistol on their person while conducting business activities. Generally, you will need an attorney to obtain a pistol permit in New York State. Furthermore, keeping a permit is often even more troublesome. If you are facing a suspension or revocation of your gun permit, you need an effective legal team to represent your needs. If you need someone to defend your pistol license, contact Grunwald & Seman, P.C. for a consultation.
Getting your permit
Generally, individuals may obtain a pistol permit if they meet the following criteria:
- Their application is truthful
- The applicant is 21 years of age unless honorably discharged from military services
- The person has good moral character
- The applicant was not convicted of a felony or serious offense
- The applicant has stated whether he or she has been treated for mental illness
- There are no past license revocations
- The applicant has no clear reason for a denial of a license
- Proper cause for the issuance
- The applicant is not a fugitive
- The applicant does not abuse any controlled substance
- The applicant is lawfully in the United States except in the case of a nonimmigrant visa, with some exception.
- The applicant was not dishonorably discharged from the military
- The applicant never denounced citizenship after being a U.S. citizen
- The applicant has never been committed to a mental institution involuntarily
- The applicant has not had a guardian appointed due to a lack of mental capacity
There are several ways to approach a disqualifying act. For example, a person convicted of a serious crime may be considered if he could obtain a Relief from Disabilities from the court that imposed the sentence.
New York does not issue pistol licenses to people from other states, with the very rare exception, upon justifiable need, to some part-time residents. Furthermore, New York does not recognize pistol permits from other states and residents of other states may not carry their pistols across New York borders.
Keeping your permit
According to New York State law, you have a moral and social obligation to responsibly possess and carry your pistol. To avoid suspension or revocation, be safe, be discreet, avoid confrontation, abide by the law, and educate yourself. Oftentimes, something as simple as an arrest, or the mere allegation of domestic violence can constitute a revocation of your pistol permit. To best protect yourself from the revocation of your pistol permit, act with good judgment.
NY SAFE Act
The New York Secure Ammunition and Firearms Enforcement Act of 2013, commonly known as the NY SAFE Act, is a comprehensive set of laws that changed the way New York handles guns and ammunition. In regards to pistols, Ammunition dealers will soon be required to do background checks and report all sales to the state. Internet ammunition dealers must work with a New York State licensed dealer to complete the sale. According to the act, mental health professionals are required to report instances of a credible, serious threat from a patient. Stolen guns must be reported within 24 hours. The Act requires full background checks, including private sales. Guns must be safely stored. All purchases of firearms must be through a licensed dealer. Pistol permits must be renewed every 5 years. Lastly, the Act drastically increased the penalties for gun crimes.
New York State governs much of your everyday life. When it comes to pistol permits, various requirements govern who can obtain and keep their pistol permits. When the licensing office denies a person a permit under an arbitrary and capricious decision, you may have to utilize Article 78 proceedings, requesting the courts to review your case, challenging the government agency official. You have three basic forms of relief. You can file an Article 78 through a Writ of Mandamus to compel a government agency to issue a decision on a pistol application or render one when a decision takes too long. If your pistol permit denial was caused by a government agency or official acting outside of his or her jurisdiction, you may file an Article 78 through a Writ of Prohibition. Additionally, Article 78 in the form of a Mandamus of Review will compel the state to review a decision and decide if it should be reversed. Article 78 is a powerful tool that we can use to help our clients defend their rights when their permit is denied, suspended, or revoked.
Protecting your rights
If you are facing legal matters related to your pistol permit, you need to contact Grunwald & Seman, P.C. There are many instances where your license can be in danger of revocation. If you need a pistol permit defense firm to fight for your constitutional rights, contact Grunwald & Seman, P.C. There are countless legal defenses available to protect your gun permit and our firm is ready to use them. We will explore all potential legal options, help you understand what to expect and passionately guide you through your legal matter. If your pistol permit is on the line, contact Grunwald & Seman, P.C. for a consultation today.