Expert: Dean Speir - 1/2/2011

Question
Hello Dean,
I would like to apply for firearm license in NYS to possess a handgun, not to carry. I assume there are many applications are getting denied for various reasons including insufficient proof for need of a handgun. I don't have a business. Would you please suggest any good examples besides range shooting? and shell i seek a legal help for application process, if yes any suggestions? I'm 40, and I have two (2) MS degrees.
P.S.
Happy New Year!
Oleg

Answer
Hello, Oleg… two points.

1.- Since we who are charged with responding to these inquiries, do so pro bono publico, we don't "do" private consultations. Therefore I have made this "public."

2.- This is the Second Amendment topic, not a "Licensing Advice" one, but the question had broad applicability and is a subject which is very current in the judicial system.

There are only two classes of Handgun License in NY (we will as a practical matter, not include New York City as part of New York State because of its own municipal code and the extra-Constitutional manner by which it is administered). They are "Premises" and "Carry," and the former is, while easier to obtain in most instances, so restrictive that most people in my experience have no use for a "Premises" license… regular trips to the range are not allowed within that classification, so you are almost forced to apply for a "Carry" license just for target shooting or recurring marksmanship practice.

How one makes application really depends on the Licensing Authority who will grant or deny it, and each Sheriff (in my own part of the state, Eastern Suffolk County), Police Commissioner (Western Suffolk, Nassau County) and Judges (most upstate counties) have their own issuing standard, all deriving from §400 of the State Penal Law. Unfortunately, despite what is spelled out in that section of the law, uniform administration of those standards does not really exist.

The discretion of the issuing authority has over the decades been upheld following the Hochreich v. Codd (68 A.D.2d 424, 426, 417 N.Y.S.2d 498, 499) and similar decision. (But that may changing; case law in Heller, McDonald and last week's Chwick v. Mulvey [http://www.thegunzone.com/TGZBlog/2010/12/30/new-appellate-ruling-means-all-loca...] seem to be impacting to the benefit of the lawful handgun owner.)

As to your age and education, neither should have any practical impact of the issuance of a License.

Best advice, study up on §400, find out where to obtain the application package, review it carefully, complete and submit it. You should not require the services of an attorney (unless you have  troublesome "police contact" somewhere in your past) or a "licensing service expediter," one who shuffles the papers and takes $400-$600 from you for doing so.

G'luck to you.