Nassau County Gun Permit Defense Lawyer

New York State allows its residents to own handguns, subject to licensing requirements under Article 400 of the Penal Law. New York typically issues pistol licenses as either a premises (have and possess) license or a concealed carry (have and carry concealed) license. A premises license grants the holder the ability to possess the weapon at a specific location, like their home or place of business. A concealed carry license authorizes carrying a pistol or revolver on one’s person. Some counties may also place restrictions on how these permits are used. While an attorney is not required to apply for a pistol license, working with legal counsel can be beneficial if you have a pistol arrest, are ineligible, or are otherwise issued a denial, suspension, or revocation of your current license. 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 criminal defense lawyer to represent your needs. If you need someone to defend your pistol license, contact KCS Law for a consultation.

Getting a Gun Permit in New York

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 the denial of a license
• Completion of any required safety training courses, if applicable under current law
• The applicant has a clear, 3-year social media history
• 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 non-immigrant visa, with some exceptions
• 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 pistol license issuance is generally limited to applicants who are residents of or own a business located in the state, with limited exceptions. Furthermore, New York generally does not recognize pistol permits from other states, and residents of other states may not carry their pistols across the New York border.

Gun Permit Defense: Keeping Your License Valid

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, an arrest, order of protection, or domestic violence allegations can lead to a suspension or revocation, depending on the circumstances and further review.  To best protect yourself from the revocation of your pistol permit, act with good judgment.

How the NY SAFE Act Impacts Gun Permit Holders

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 regard to pistols, ammunition dealers are required to conduct background checks through the New York State Police point-of-contact system. 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. It remains a felony to carry a firearm in designated sensitive areas, even with a valid permit. Concealed carry license holders must recertify every three years, and every five years for those who hold a restricted or premises license. Lastly, the Act drastically increased the penalties for gun crimes.

Appealing a Gun Permit Denial with Article 78

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.

Gun Permit Defense Lawyers in Garden City, NY

If you are facing legal matters related to your pistol permit, you need to contact the gun permit defense lawyers at KCS Law. 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 KCS Law. 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 KCS Law for a consultation today.