The Second Amendment in New York State
New York State permits qualifying residents to possess handguns if approved by a duly appointed licensing officer. Specifically, article 400 of New York Penal Law lays out the requirements for purchasing a pistol permit. Pistol permits are divided into several types, including business pistol permits, premises permits, concealed carry permits, and sportsman permits.
It is beneficial for a pistol permit applicant to retain a lawyer to assist them with their application in many cases. One of the main reasons an applicant can be barred from obtaining a pistol permit is failing to mention an arrest, conviction, or some other interactions with law enforcement. This is often due to the applicant failing to remember the incident, being confused by the question, or simply not understanding why the incident needed to be mentioned, regardless of why the licensing officer will assume that your failure to mention the incident was done intentionally mislead the court. Retaining counsel can help you avoid this issue so that your application is bullet-proof!
Qualifying Criteria to Obtain a Firearm in New York
One of the first steps in obtaining a firearm permit in New York State is completing the Pistol/Revolver Application form. These forms examine an applicant’s background for various disqualifying factors. These applications can also vary from county to county across the state.
With few exceptions, New York State law requires people to meet certain criteria before they can be approved for a pistol permit. These are some of the most common reasons why people in New York are denied pistol permits. These qualifying factors include the following:
- Be a citizen of the United States.
- Be at least 21 years old, except for individuals who are honorably discharged from either the New York National Guard or the United States Military.
- Be of good moral character.
- Never had a guardian appointed based on incapacity, mental illness, subnormal intelligence, or other condition or disease.
- No prior pistol permit revocation.
- No prior civil confinement in a secure treatment facility.
- No prior conviction in New York State or anywhere else of a felony or “serious offense.” The definition of “serious offense” includes but is not limited to the following: aiding in an escape from prison, child endangerment, disorderly conduct, illegally using a dangerous weapon, making burglar instruments, rape, receiving stolen property, sodomy, and unlawfully entering a building.
- Never discharged from the military under dishonorable conditions.
- Never involuntarily committed to a facility under the Department of Mental Hygiene’s jurisdiction.
- Not be a fugitive from justice.
- Not be an addicted or unlawful user of any controlled substance.
- Not have a domestic violence restraining order filed against you.
- Not illegally in the United States or admitted into the United States under a non-immigrant visa.
- Not present any other “good cause” for denial of the license.
Once you have completed your application, you will likely be required to complete a gun safety class before obtaining a firearm permit.
Remember that if any other state court revokes your firearm license, classifies you as ineligible for such a permit, or orders the immediate surrender of one or all firearms by an applicant even after moving to New York State, New York courts will be required to follow this action.
An Experienced New York State Attorney can Help
Many issues can arise in the context of your Second Amendment Rights. Fortunately, an experienced attorney can examine the details and increase your chances of securing those rights!
Here are some of the most common issues that the attorneys at Nave Law Firm can assist you with, and they can remedy and protect your Second Amendment:
1) Applying for a Pistol Permit? – applying for a pistol permit is the most crucial part of acquiring a pistol in NY. Having an attorney at this initial step of the process can help ensure this process goes smoothly.
2) Denial of Pistol Permit? – being denied a pistol permit is not the end of the road for your Second Amendment Rights. There are several solutions that you can seek to protect your rights! Consult with an attorney here at Nave Law Firm to determine which solution is best for you!
3) Trouble purchasing a firearm? – If you are having difficulty purchasing a firearm, there are many potential causes for this. Often, these issues can be resolved on the state level, but occasionally, there may be a federal issue preventing you from purchasing your firearm! Our attorneys can best direct you to resolve these issues!
4) Prior Conviction or Psychiatric Commitment? – In many cases, prior convictions or involuntary psychiatric commitments may prevent you not only from acquiring a pistol permit but also from purchasing a firearm at all! Depending on your circumstances, the attorneys here can help assist you in curing those prior convictions/psychiatric commitments so that you can continue to exercise your Second Amendment rights legally and safely.
5) Have your firearms been seized with you having any say? NY State has authorized “Red Flag” laws allowing a court to seize your firearms if someone alleges you are unsafe. The initial seizure of your firearms can occur without you even being heard! If you are in a similar-sounding situation, consult with an attorney here at Nave Law Firm to ensure that a hearing is granted and that your side of the story is heard!