Expert: Robert P. Firriolo - 6/5/2010

Question
The term "proper cause" is used alot. Can you please give some examples of this for applying for a permit.

Answer
There is no definition in state law. Proper cause whatever a licensing officer says it is, unless an unsuccessful applicant can convince a reviewing court that he or she is applying the term in an arbitrary or capricious manner. What one county's licensing officer finds to be "proper cause" can be, and often is, different from another county's. The only thing that the licensing officer is required by law to do is issue the licenses in a consistent fashion, such that similarly situated applicants are treated the same.

What is accepted as "proper cause" varies too much from county to county for there to be any good answer. In New York City, "proper cause" means demonstrating that you fit within a very narrow set of defined criteria, typically making large, frequent cash deposits, or having verified threats against your life. Or, if you're a rich and famous celebrity, even though you can afford around-the-clock armed security. Or if you're connected politician, or some other kind of "privileged" person.

In some upstate counties, where the licensing officers are more enlightened, just putting on the application that you want a carry license for self-defense or even hunting and target shooting gets you a full carry. In other upstate counties, if you take a safety course and give a reasonable reason, you can get a full carry. In some counties, if you have a "legitimate business purpose," you can get a carry restricted to business purposes.

So, there really is no one answer. Even within a county, the definition of proper cause can vary when there is a change of licensing officer, such as a new judge taking over license issuance.