Expert: Robert P. Firriolo - 9/8/2010

Question
I am a NYC resident. I am contemplating applying for a pistol license. I have never been arrested. During a divorce my ex called the cops several times. During court Proceedings a temporary protection order was issued, it has since expired. about 6 months ago my current wife and I where having a argument and she left the house upset and slammed the door. apparently a neighbor called the cops and they responded. They made a report noted that we had a verbal argument also that long guns where present in the home and that my wife was aware of them and did not fear there presence. I know in NYC none of the above is helpful however what are the odds of being disapproved. Also my current driving abstract is blank. I know yrs ago I must of had a speeding ticket or two. Protection order was issued in 2006

Answer
It is impossible for anybody to tell you "what are the odds of being disapproved" for a pistol license since one would need to know a lot more details, and even then, the initial decision is subjective on the part of the investigating officer in the License Division. You can try to evaluate the situation for yourself. Start by going here and reviewing NYPD's instructions for filling out a pistol license application, and the application itself:

http://www.nyc.gov/html/nypd/downloads/pdf/permits/HandGunLicenseApplicationForm...

As you will see, you must disclose the details of the order of protection. This is your opportunity to explain that it has expired and why it is not relevant to your application for a pistol license. Factors would include how much time has passed, whether the circumstances for issuance were merely precautionary or whether there were actual threats or use of violence; whether you still have contact with your ex-wife, and if so, whether there have been any problems, etc. Failure to provide all of the requested details on the order, and a good explanation for why it was issued, may well result in disapproval.

The incident where your neighbor called the police may not be relevant to your application if it did not result in an arrest or order of protection. However, question 27 asks if the police have ever responded to an incident of domestic violence in which you were involved. Depending upon how the incident was recorded by the police, this could come up when you submit your application. There's no simple way to know about that until you apply, but if one reasonably doesn't believe an incident involved domestic violence, then one could answer the question "no" and be prepared to argue the point on appeal if the police say differently.

NYPD also requires that you disclose any summonses, so you will have to find your DMV record and list the speeding tickets. These should have no bearing on your license application, but because these evaluations are so subjective, and because NYPD is just looking for ways to deny your application, it is impossible to say that they will not matter.

Again, anybody looking to apply for a NYPD pistol license should read the application and its instructions very carefully before filling it out. It is intentionally made to be difficult to complete properly, both to discourage applicants and to give NYPD numerous opportunities to deny the application. Good luck to you.