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2nd Amendment and Right to Bear Arms/hand gun permit
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Question
I got a DUI in long island ny in 2001 and another one in 2004. Would I get denied for a hand gun permit now? I live in smithtown ny long island- (suffolk) Thank you
There is no way to answer that question with certainty because the issuance of a handgun license in New York is discretionary by the licensing officer, in your case, the Suffolk County Police Department. You don't say if you're applying for a Premises or a Carry license (the latter class includes the Sportsman hunting/target license). With a Premises license, the PD is required to find a good reason not to give you the license. With a Carry License, the applicant has to demonstrate "proper cause" for its issuance.
Whether your 2 past DUIs will be considered things that will prevent you from getting a license are tough to say, as the PD will also consider other factors on your application such as the stability of your work history, what your references say about you, any other arrests or incidents involving the police, etc.
Your best bet would be to speak with somebody in the licensing bureau at the SCPD and discuss this with them before making an application.
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Answers by Expert:
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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