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

Question
i was just wondering what was my chances in new York state to get my pistol License back by appealing it. i was convicted twice of an dwai and a disorderly conduct which is all violations. after the first dwai the judge gave my license back and then got it back and now fast forward a little the judge revoked my pistol license because of moral character? basically im asking should i waste money and time to appeal the judges decision?

Answer
You don't say what county you're in, which makes it more difficult to answer your question accurately. However, generally speaking, in New York the issuing agents such as your judge are given very broad discretion in the issuance and revocation of licenses. In order to successfully appeal, you'd most likely need to prove that the judge was acting arbitrarily (without a good reason) or was treating you differently than other licensees in the same situation as you. While this is not impossible, it is a difficult task.

You should speak with an attorney in your county familiar with licensing matters, to whom you can describe all of the facts and circumstances necessary to give you a more definite answer. However, and again generally speaking, somebody with a history of repeated and recent penal law violations is unlikely to be able to prove that the issuing agent acted improperly in revoking a license.