2nd Amendment and Right to Bear Arms/Arrest record and CCW permit

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Expert: - 11/19/2008


Question
I am in the process of applying for a concealed carry permit in NY State.  Between November of 2004 and July of 2005 i got in some minor trouble here in NY.  I have 3 arrests for unlawful possession of marijuana. 1 was ACD'd 6 months later, 1 was dismissed, and the other i was convicted.  I also have a DWAI that i have a disposition on march 2005, and 2 AUO 3rd, 1 was dismissed and i was convicted on the other.  Do you think I will have a problem obtaining an unrestricted concealed carry permit?

Answer
Yes, I think you will have a problem.

It would have been helpful if you stated what county you are applying in, since each county has its own licensing officer (Suffolk has two) and its own carry licensing criteria. But any one of them may well consider your relatively recent and numerous arrests, including drug crimes and DWAI, as good cause to deny you even a premises license, much less a carry license.

Courts reviewing license denials, suspensions and revocations vest broad discretion in licensing officers when it comes to their decision as to who is, and who is not, suitable for a handgun license. I cannot see any state court overturning the decision of a licensing officer to deny a carry license to somebody with your record.

2nd Amendment and Right to Bear Arms

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Robert P. Firriolo

Expertise

General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.

Experience

Practicing firearms law attorney, including representation of individuals, gun clubs, sportsmen's organizations, shooting ranges, and businesses. Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono counsel on select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.

Education/Credentials
Attorney at law. Extensive practice, independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Chief Range Safety Officer.

Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.

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