Appeal Denied Permit
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  1. #1
    Private
    Join Date
    Oct 2020
    Location
    Erie County
    Posts
    1

    Default Appeal Denied Permit

    I applied for a pistol permit at the beginning of the year, maybe around February. However it was denied, I am assuming because of a past harassment charge I had. However I don’t have any open cases and I don’t have any stay away orders or anything like that. So I have a couple questions. How do I start an appeal? Is it too late? And does anyone recommend a good lawyer to start the process? I live in Erie county.

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  3. #2
    Sergeant
    Join Date
    Sep 2018
    Posts
    415

    Default

    You probably won't like my answer, but you only have like 30 days or so to file an appeal. You can look up the exact number of days but it is very limited. Even if you are within that timeframe, you can only have your denial overturned if it was arbitrary and capricious. A denial based on your criminal past would not qualify, as you have been denied for cause. The licensing officer has wide latitude to deny and he can in fact deny just based on character. A criminal record isn't even required. You are obviously free to hire a lawyer and go through the process but I cannot see a favorable outcome for you. Your best bet is to move to another state if you want a pistol and can pass a 4473.

  4. #3
    Private
    Join Date
    Aug 2014
    Location
    Saratoga County, NY
    Posts
    56

    Default

    Quote Originally Posted by ChristianC View Post
    I applied for a pistol permit at the beginning of the year, maybe around February. However it was denied, I am assuming because of a past harassment charge I had. However I donít have any open cases and I donít have any stay away orders or anything like that. So I have a couple questions. How do I start an appeal? Is it too late? And does anyone recommend a good lawyer to start the process? I live in Erie county.
    Typically you may also re-apply 1-year later. First, another year will have passed, distancing you from the "charge" you mentioned. Second, there is a chance it will be reviewed by a different judge.

    Moving (of course) is always the best solution, but not always practical for everyone.
    Mike


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