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  1. #26
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    Quote Originally Posted by ton View Post
    I was with my Attorney today and he assured me with a 100% certainty , and those of you who deal with Attorneys regularly no they never guarantee anything...assured me a 100% that the licensing officer does not have the final word. Especially if you appeal it.
    Never said he did.

    What your lawyer told you was a half truth. The longer this goes they more you have to pay them.

    It will go to appeal, where that court almost always sides with the original court determination, because they recognize the wide berth they have. Can you articulate why a denial based on your criminal record would be arbitrary and capricious? That is what will be required.

  2. #27
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    Quote Originally Posted by OwnTheRide View Post
    I'm one of them. My initial denial was neither arbitrary nor capricious.
    Good for you. Glad you fought for yourself and your rights!!

  3. #28
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    I pay an Attorney 495.00 an hour to do that. Watch and learn.

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  5. #29
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    Quote Originally Posted by ton View Post
    I pay an Attorney 495.00 an hour to do that. Watch and learn.
    Which is exactly why you got the half truth. Do your own research. What I posted is a statement of fact. It is what it is. It is spelled out exactly. It must be proven to be arbitrary and capricious to overturn. You didn't answer the question so I'll ask it again.

    Can you articulate why a denial based on your criminal record would be arbitrary and capricious?

    The lawyer is not your buddy. He has a financial interest in stringing this out as long as possible.

  6. #30
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    Here's a case in NY where someone was denied a pistol license for being rude to the office staff. She lawyered up and filed an Article 78 appeal. IT WAS DENIED.
    Denied for being rude to the staff. Upheld by the court of appeals. Still feel like a denial based on an arrest and conviction on weapons charges would be a slam dunk to overturn? LOL. I'm just shooting straight with you. Let everyone else pump sunshine. Don't get taken for a ride by a money hungry lawyer. I hope you get the license you so desperately seek.

    COURT CASE:
    https://www.govinfo.gov/content/pkg/...cv-00883-0.pdf

  7. #31
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    For the last time, put your money where your mouth is

  8. #32
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    Quote Originally Posted by smitty846 View Post
    Here's a case in NY where someone was denied a pistol license for being rude to the office staff.
    Being "rude" to the office staff while you are in the process of applying for a pistol permit in that very office is an indication of your current state of mind and temperament. Doesn't really apply to the OP's situation. The OP has shown a clean record for several decades. That's the point, not the apparent degree of the offence.

  9. #33
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    Quote Originally Posted by dariv View Post
    Being "rude" to the office staff while you are in the process of applying for a pistol permit in that very office is an indication of your current state of mind and temperament. Doesn't really apply to the OP's situation. The OP has shown a clean record for several decades. That's the point, not the apparent degree of the offence.
    Being rude is hardly a disqualifying event in PL. 400. It speaks to the wide berth of the licensing officers ability to deny if he doesn't like someone's character. You did however miss the bigger point that the appeals court denied the article 78 challenge, siding with the judge and further cementing that they almost never overturn the initial decision because they understand the licensing officers powers and abilities. As stated you must prove the denial was arbitrary and capricious which is pretty much impossible as it is the licensing officers own opinion or view.

  10. #34
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    lol, you guys make me laugh. you can be DENIED, or REVOKED for any REASON, or NO REASON AT ALL. This is NY. This is not some free state. This is New Yorkistan, Sullivan has been in place since what 1910? Be a DICK to the clerk? DENIED! Think you have RIGHTS? Denied!

  11. #35
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    Quote Originally Posted by Vicarious View Post
    lol, you guys make me laugh. you can be DENIED, or REVOKED for any REASON, or NO REASON AT ALL. This is NY. This is not some free state. This is New Yorkistan, Sullivan has been in place since what 1910? Be a DICK to the clerk? DENIED! Think you have RIGHTS? Denied!
    Exactly! Which is why is it comical to come on here all cocky thinking because a lawyer is stringing you along bleeding every penny out of you possible, that you are a lock to obtain a permit. He is in a fog and cannot see the situation. He want's it so bad he will shut the facts out. Giving a licensing officer a great reason to deny you will pretty much guarantee they will. Being convicted of Criminal Weapons Possession is one of the key crimes that they usually deny for. Thinking you will be able to get that overturned is purely laughable. If it is denied initially he's toast! But he knows more than us, and he doesn't care about the precedents that have been set. He doesn't care that the licensing officer has broad authority. He's different. He got a lawyer. He thinks everyone else before him didn't do the same.

  12. #36
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    Watch and learn. You guys stay on your high horses. Extremely naive and blinded as to how the system works. And for the record I could care less about the actual permit. Its 100% about not allowing the system to win. All you smart guys should pay attention, you're one second away from losing yours. To think someone is more likely to cause havoc with a pistol and not with a long guns us just plain stupid. You guys are exactly who the left love.

  13. #37
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    Quote Originally Posted by ton View Post
    Watch and learn. You guys stay on your high horses. Extremely naive and blinded as to how the system works. And for the record I could care less about the actual permit. Its 100% about not allowing the system to win. All you smart guys should pay attention, you're one second away from losing yours. To think someone is more likely to cause havoc with a pistol and not with a long guns us just plain stupid. You guys are exactly who the left love.
    "Watch and learn" just like everyone else before you said. I'm not sure why you think you're someone special. They will deny you like anyone else. You think you're the first person to get a lawyer? Who's on their high horse? Look in the mirror.

    Nobody (at least not me) thinks that you shouldn't be able to get a pistol. We (I) know that a long gun is just as dangerous (and more so) than a pistol.

    We (I) am just letting you know the realities of getting a permit in NY where they generally don't want you, me, or any of us to get one in the first place. I'm talking about people with squeaky clean records. You have an additional hurdle of a criminal record, and a record of unlawful weapons charges to boot! You have a rough road ahead of you. If you are denied, you are ultra cocky thinking it will easily be overturned. I have provided a bullshit denial that was upheld as proof that a reversal is almost never given. The circumstances would have to be extreme. The law says it must be "arbitrary and capricious". Those are not my words. They are the law. A denial based on an applicants criminal record is not even close to being "arbitrary and capricious".

    If they can deny for being rude and uphold that denial, what makes you think they can't uphold your criminal record (weapons related) denial? You are not looking at the facts objectively, because you so badly want to get the permit. Throw in a lawyer buttering you up to get more money out of you and you are 100% convinced that you're a lock. There is no way they can deny YOU! Anyone else, yes.. but no, not YOU!

  14. #38
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    I spend half the year in Florida already so don't presume you know me and my situation. 2nd my family member who's gun got mixed up with mine has already received his back. No appeal. You have no clue.

  15. #39
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    Quote Originally Posted by ton View Post
    I spend half the year in Florida already so don't presume you know me and my situation. 2nd my family member who's gun got mixed up with mine has already received his back. No appeal. You have no clue.
    Oh you go to Florida?! Why didn't you say so! Instant approval! LOL

    Each situation and licensing officer is different. Your family member being approved is irrelevant to you or anyone else. Each case is looked at independently.

    Good luck. I know you can taste it!

  16. #40
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    Isn't it the time of the week for you to mow your lawn. Let me guess your life. You worked at doing some meaningless job 40 hours a week , now retired with maybe a small pension and a SS check. You eat dinner same time ever night The only interaction you have with people is on these type of forums, where you try to spread what you think is knowledge. Stay miserable . Oh the Florida comment , because you probably have never been out of NY was made because you're again probably not aware that my charge isn't even a crime in most states so I can own firearm of any kind there.

  17. #41
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    Quote Originally Posted by OwnTheRide View Post
    Given that the OP says he has the time and money to see this through, I am reasonably certain he will receive his permit - the only question is how much money and time he will have to sink into it. I absolutely disagree with Smitty's assertion that the OP has no recourse unless the licensing officer's decision is arbitrary and capricious.

    In fact, I'm willing to bet a 50 cal ammo can full of 22LR that the OP will get his permit from his initial application. Anyone want to take me up on that bet?
    Not me..thats a lot of ammo lol

  18. #42
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    Quote Originally Posted by ton View Post
    Watch and learn. You guys stay on your high horses. Extremely naive and blinded as to how the system works. And for the record I could care less about the actual permit. Its 100% about not allowing the system to win. All you smart guys should pay attention, you're one second away from losing yours. To think someone is more likely to cause havoc with a pistol and not with a long guns us just plain stupid. You guys are exactly who the left love.
    I take heat here too from time to time. I know for 100% fact that inside the Penal code is a relief valve for having an unregistered unlicensed handgun and damn did i take, (and still do) heat for that..

    Good luck, I hope it turns well for you.

  19. #43
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    Quote Originally Posted by ton View Post
    Isn't it the time of the week for you to mow your lawn. Let me guess your life. You worked at doing some meaningless job 40 hours a week , now retired with maybe a small pension and a SS check. You eat dinner same time ever night The only interaction you have with people is on these type of forums, where you try to spread what you think is knowledge. Stay miserable . Oh the Florida comment , because you probably have never been out of NY was made because you're again probably not aware that my charge isn't even a crime in most states so I can own firearm of any kind there.
    Literally dead wrong on every single account. I hope your permit prediction fares better than your predictions about me. LOL.

    Oh by the way, it’s not what I think. It’s written fact that I posted and shared. I included the court case link and the actual legal text of “arbitrary and capricious “. You are free to look it up. Or keep paying the lawyer. He’ll look it up for you. LOL. Thinking being able to have a gun in Florida has anything to do with a NY permit shows just how little you know.

    There are those who know, and those who never will. We all know where you fit in.

  20. #44
    ton
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    Stay small

  21. #45
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    Its Saturday go cut the grass

  22. #46
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    Quote Originally Posted by ton View Post
    Its Saturday go cut the grass
    I don’t cut grass. Haven’t since I was a kid. I have a lawn service. Not sure what that has to do with your criminal record though. Keep your chin up.

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