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2nd Amendment and Right to Bear Arms/Carry Permit Suspended without cause

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Expert: - 8/3/2010


Question

Search warrant and sei
On January 6th I was terminated from my job with the city as Dog Control Officer. I was terminated without written cause so the CSEA union asked for reasons. Eventually we were given reasons. About 1 week after I was terminated 2 Senior City detectives and 2 County investigators came to my house with a no knock search warrant for my permit and hand guns. They had an order of suspension for my concealed carry permit and my gun collection of 17 hand guns. They told me that there were people in my office that thought that since I had been terminated without cause I might be angry and since I may be angry and had handguns they didn't feel safe. The reason given on the order were not his but the same that were given form my job termination. Those 5 allegations have been proven false and the city did not provide one shred of evidence to support them in my Labor hearing last week. I have committed no crimes or infractions. There are no criminal or civil charges and there has been no investigation. I have done nothing wrong. The court pulled my record and found that 13 years ago I pled guilty to menacing a misdemeanor and DUI as I refused a breathalyzer test when arrested. I submitted a request for my permit to be restored then and after the sheriffs investigation my carry permit and guns were restored. Since the allegations are not criminal and they have been proven false the judge should not even have this before him. But he does and he looked back 13 years to find the menacing charge. He says he will not restore the permit because he has looked at the big picture and deems me unfit to carry. My question is with what I have so briefly described can he do this. If he does we have to go to the court of appeals and possibly higher. Are there any other cases you know of that are similar to mine where the person has committed no crime and has had their permit suspended. What are my options and how would you proceed? The accusations are false and there of course is no evidence but the Judge said he will not restore the permit because of my past misdemeanor. The atmosphere is tainted with the incident at the American Civic Association where a pistol permit holder killed 13 people at the ACA and then himself. I have attached the Search warrant and the Seizure order for you review and for details. BTW the name on the order is incorrect. My name is Frederick C Kelley

Answer
Your question, in summary, is "Can he do this?" and the answer is yes, but you are entitled to an administrative review and then a review by a state Supreme Court justice.

The Order of Suspension issued by the court states several reasons why your license was suspended including an incident requiring further police investigation, the possible lack of proper cause for the license since the employment as a Dog Control Officer was terminated, and alleged attempts to portray yourself as a police officer. New York courts have determined that licensing officers have very broad discretion in refusing to issue, suspending and revoking licenses for lack of proper cause and for facts that are deemed to make somebody unsuitable to have a license.

The order sets forth the procedure by which you were entitled to have the judge review the allegations forming the basis of your suspension. After exhaustion of any administrative appeals, you would be entitled to file a court proceeding in state Supreme Court under CPLR Article 78 within 6 months to review the licensing judge's final determination to continue your suspension or revoke your license. If the alleged facts relied upon by the licensing officer are found to be untrue, the court may reverse the decision and order the license reinstated.

I cannot give you legal advice as to "how to proceed" but I would strongly encourage you to seek competent legal advice from the very outset. Considering that the order is dated January 13, 2010, you have hopefully availed yourself of counsel throughout the administrative appeal stage and will continue to consult with counsel about an Article 78 proceeding.  

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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