Expert: Robert P. Firriolo - 12/3/2010

Question
I recently submitted my pistol permit application in Niagara County, NY. On my application I put down that I had three disorderly conduct charges in the early 90's. The clerk mentioned that due to these charges, I would be looking at a 1-1/2 to 2yrs before I would get a responce. Why would it take so long especially when I provived all three court dispositions and a brief description on what happened each time I was arrested?

Answer
The time quoted by the clerk has nothing to do with any state licensing law or regulation. In this case it appears that the judge in charge of issuing licenses in Niagara, or possibly the law enforcement agency that does the applicant investigations for the judge, will sit on applications when they have certain criminal charges on them.

Under NYS law, applications have to be acted upon within six months, but that law is rarely enforced. You could file a special proceeding in court to try to force action on the application sooner, but that will cost money and take at least several months, with a slim chance of success since the judge will assert there is "good cause" for the delay. Here is the actual text of the law (NYS Penal Law 400.00 (4-a)):

"Except upon written notice to the applicant specifically stating the reasons for any delay, in each case the licensing officer shall act upon any application for a license pursuant to this section within six months of the date of presentment of such an application to the appropriate authority. Such delay may only be for good cause and with respect to the applicant. In acting upon an application, the licensing officer shall either deny the application for reasons specifically and concisely stated in writing or grant the application and issue the license applied for."

As you can see, you are entitled to written notice "specifically stating the reasons for any delay," and requesting that may give you some insight into why you are being delayed, and it could also help move the application along if they cannot articulate a good reason for the delay in light of your explanation for the arrest dispositions.

Good luck to you.