Gun Permit Defense

Garden City Pistol Permit Attorneys

shutterstock_237943873-300x200Protecting the pistol permit rights of New York clients

New York State allows for 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, sportsman, and business pistol permits. A premises permit allows for a resident to be in possession of a gun at one’s residence or place of business. A sportman permits taking the handgun to the range or sporting activity.  The Business allows for a resident to own and carry a pistol on his person while in the conduct of his business activities. The process of getting a pistol permit is a daunting and unforgiving process that needs the legal support of an attorney. Furthermore, keeping a permit can be 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

In general, a person is eligible for a permit if they meet the following criteria:

  • The 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 suffered or been treated for mental illness
  • Has never had a licensed revoked
  • Has no clear reason for a denial of a license
  • Proper cause for the issuance
  • The applicant is not a fugitive
  • The applicant is not using or is addicted to 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 ways to approach a disqualifying act.  As an example, a person with a conviction of a serious offense might be considered if he could obtain a Relief from Disabilities from the Court which 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, you have a moral and social responsibility being allowed to carry a pistol. In order to avoid suspension or revocation, be safe, be discreet, avoid confrontation, abide by the law, educate yourself, and be proficient. New York will quickly take away your pistol permit with due cause which can be as simple as an arrest or the mere allegation of domestic violence. In order 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 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 in order 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.

Article 78

New York State governs much of your everyday life. When it comes to pistol permits, there are so many requirements that govern who gets and retains 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 3 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 you 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. Most importantly for those who have been denied outright for a pistol permit, 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 to help our clients defend their rights when a 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 legal team will explore your 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.