Never thought I'd do it .. and not sure I should but I have to ....

cgrutt · Dec 4, 2019

Hey man long time... hope all is good! Dont know the answer but suspect that you're not automatically disqualified unless you were convicted of a felony. Was this ever settled? Just be truthful on application and explain what had happened. Believe arrest will still be on record unless expunged. Good luck bro. All the best!

Exonautic · Dec 5, 2019

What employment requires you to cc?

Acer-m14 · Dec 5, 2019

Exonautic said:
What employment requires you to cc?

stripper escort

.. gotta keep ya gun in your pants LOL ..

the switch just got flipped LOL ..

Acer-m14 · Dec 5, 2019

Chicken Shoot said:
but not a deal breaker as the FFL part allows me to CC on the premises legally

not to be a Debbie Downer .. but not shure that is legit .. this is NY .. and the FFL is FED ..

hope more can chime in that issue .. i would like to know if true ..

also my good friends wife works for a FFL and a ammo manufacturer too .. and i know the owner too and will ask them this weekend and see what there answer is ..

Acer-m14 · Dec 5, 2019

Chicken Shoot said:
This was explained to me by the employer already. I will admit though, I'm open to hearing other input on this as the last thing I need to do with a PP is something I'm not suppose to do. Question everything right? I look forward to what you get for info.

i will asked them on this .. will seen them Friday ..

all the time when with my friends .. hey grab my purse from the car .. yep no prob and yep there is a pistol in it .. i have no PP .. what am i ??

now when carrying the purse knowing its locked n loaded .. and a bad guy shows up .. .. its all up to the DA .. like that guy a bit ago ..
had his dads pistol in the house after he passed away .. had to shoot some bad guys .. ..

its a slippery issue .. FUAC ..

Marine Cpl · Dec 5, 2019

In order to get an exemption from Penal Law 265 which is Criminal Possession of a Weapon, it states...

S 265.20 Exemptions

3. Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter.

S 400.00 Licenses to carry, possess, repair and dispose of firearms.

2. Types of licenses. A license for a gunsmith or dealer in firearms shall be issued to engage in such business. A license for a pistol or revolver, other than an assault weapon or a disguised gun shall be issued to
(a) have and possess in his dwelling by a householder;
(b) have and possess in his place of business by a merchant or storekeeper;

Now. The question is, “ Is your FFL license issued by New York State via penal law 400?“ If not and it is instead issued by the federal government, then your employers are giving you wrong information and putting you at risk of arrest if you were to use it.

spat · Dec 5, 2019

Marine Cpl said:
In order to get an exemption from Penal Law 265 which is Criminal Possession of a Weapon, it states...

S 265.20 Exemptions

3. Possession of a pistol or revolver by a person to whom a license therefor has been issued as provided under section 400.00 or 400.01 of this chapter.

S 400.00 Licenses to carry, possess, repair and dispose of firearms.

2. Types of licenses. A license for a gunsmith or dealer in firearms shall be issued to engage in such business. A license for a pistol or revolver, other than an assault weapon or a disguised gun shall be issued to
(a) have and possess in his dwelling by a householder;
(b) have and possess in his place of business by a merchant or storekeeper;

Now. The question is, “ Is your FFL license issued by New York State via penal law 400?“ If not and it is instead issued by the federal government, then your employers are giving you wrong information and putting you at risk of arrest if you were to use it.

Does the business also have a NY dealer license under PL400 in addition to the federal license ?

If that's the case he would be covered under the business ny pl400 dealer license while on the clock.

Twogunwilly · Dec 5, 2019

I think you'll be fine even with an old arrest. I know the permit would be issued in the county you work in and likely in a timely fashion since we got our new awesome Sheriff. My 2 sons got their permits upon turning 21 & 23, the older boys took 27 days, younger got his in 18 days. When I got mine it took 5 months under the old regime. Saratoga county is definitely not the same, GL! If they don't require references from the same county & you need one LMK I'd be glad to do it.

Celt · Dec 5, 2019

An acod from 18 years ago should have no impact on your ability to carry. But you will need the court disposition and likely will have to write a letter of explanation.

And it's good to hear from you man, congratulations on the new employment.

nortatoga · Dec 5, 2019

@Chicken Shoot this is the outfit I work with from time to time.

Firearms Training | Defense Dynamics, LLc

Dynamics will reduce the learning curve, accelerate your training & instill confidence in your skills.

www.ddynamicsllc.com

Next class for the basic is Sunday Dec 15 at the 4-H center in Balston Spa.

Doc8404 · Dec 5, 2019

Chicken Shoot said:
Hey C!!! It ended with the ACOD which is basically a dismissal of all charges after 6 months. It's been nearly 19 years and I haven't been arrested since so I think I'm good there.

just include it in the application with a letter.
I have a friend that did that, different county, and all was good.

edit: yeah, what Selt said. I mean Kelt. It’s a hard C people.

Criticalt · Dec 5, 2019

Chicken Shoot said:
I have gained employment recently that requires I carry concealed. I said I would never pay for a right granted to ALL Americans but here I am. I have one question or two for you all. If I had an arrest for assault (self defense but we all know the one on the ground immediately becomes the victim) and it ended with an ACOD back in 2001, is that going to disqualify me from getting a PP? What are the chances I even get CC right from the start? Saratoga County if that helps. I'm sure there are classes I'll have to take and of course put a pistol on layaway as well. Seriously never thought I'd ever do this but .........

As I found out, its not always the PP you need to worry about.
I got my permit just fine in Chautauqua Co and bought my first pistol just fine.
But then.....when I tried to buy my second pistol, I was denied.....what a pain in the ass that was.
Turns out an old charge I had when I was 18 years old was a NYS disqualifier from owning a gun.
The charge was "possession of a weapon 4th degree".
This was a non violent misdemeanor with a $100 fine. It was determined in court that I was not using the weapon in a criminal way, and that I was just an ignorant dumbass.
Still, after 26 years of buying guns and getting my pp and buying a pistol....all of a sudden I was disqualified from owning a gun in NYS. Federally I wss fine.
It took me almost 3 years and getting a "Certificate Of Relief" from the court to regain my rights.
Im all good now.
My pount is, NYS can come out of nowhere to screw you over. My advice is to get a Certificate Of Relief from the court where the offence was handled. They are easy to get if you have 10 years "clean".
Even without being convicted, NYS is a bitch and a COR can save you trouble.

byron · Dec 5, 2019

Criminal records are automatically sealed when the defendant gets a good result (called a favorable disposition) in a criminal case. The court notifies the Department of Criminal Justice System and the Police. All records are sealed, including court records. This means that the record will not be listed on a Criminal Records search. Good results include:

Acquittal. This happens when the Judge or jury finds you are not guilty after a trial
Dismissal. This happens when the case ends for another reason, but the court did not find you guilty. Possible dismissals include: Dismissal by Grand Jury (no true bill), Dismissal of the Information, and Dismissal in the Interests of Justice (Clayton Motion)
Dismissal after adjournment in contemplation of dismissal (ACD). This happens when a decision is made to put off a trial for a certain amount of time and if you keep out of trouble during that time your case is dismissed. (A Dismissal as Covered is not sealed)
Decline Prosecution (Nolle Prosequi). This happens when the Prosecutor decides not to move forward with the case against you
Decline to File Accusatory Instrument. This happens when the police decide not to move forward with the case against you
Order Setting Aside the Verdict. This is when the Judge changes the verdict after trial and before sentencing
Order Vacating a Judgment. This is when the Judge cancels the judgment after you have been sentenced
Habeas Appeal

If your RAP sheet from the New York State Department of Criminal Justice Services (DCJS) lists cases that should be sealed, you can try to have the mistake corrected. See Criminal Records: Correcting a Mistake

Sealed Records: Good Result | NY CourtHelp

www.nycourts.gov

Criticalt · Dec 5, 2019

byron said:
Criminal records are automatically sealed when the defendant gets a good result (called a favorable disposition) in a criminal case. The court notifies the Department of Criminal Justice System and the Police. All records are sealed, including court records. This means that the record will not be listed on a Criminal Records search. Good results include:

Acquittal. This happens when the Judge or jury finds you are not guilty after a trial

Dismissal. This happens when the case ends for another reason, but the court did not find you guilty. Possible dismissals include: Dismissal by Grand Jury (no true bill), Dismissal of the Information, and Dismissal in the Interests of Justice (Clayton Motion)

Dismissal after adjournment in contemplation of dismissal (ACD). This happens when a decision is made to put off a trial for a certain amount of time and if you keep out of trouble during that time your case is dismissed. (A Dismissal as Covered is not sealed)

Decline Prosecution (Nolle Prosequi). This happens when the Prosecutor decides not to move forward with the case against you

Decline to File Accusatory Instrument. This happens when the police decide not to move forward with the case against you

Order Setting Aside the Verdict. This is when the Judge changes the verdict after trial and before sentencing

Order Vacating a Judgment. This is when the Judge cancels the judgment after you have been sentenced

Habeas Appeal

If your RAP sheet from the New York State Department of Criminal Justice Services (DCJS) lists cases that should be sealed, you can try to have the mistake corrected. See Criminal Records: Correcting a Mistake

Sealed Records: Good Result | NY CourtHelp

www.nycourts.gov

You still need to list it on your pp application.

Different Drummer · Dec 5, 2019

Nice to see you post CS.
I doubt that you will get a "normal" NYS CC Lic. in our gulag. Administrative restrictions are universally applied by a Lic. officer that uses his personal subjective and arbitrary feelings to do what he thinks are best for the residents of the County. Additionally there is a time period after receiving the pistol Lic. of one year you must wait before gaining the privilege of jumping through some hoops and spending a considerable amount of money to get the administrative restrictions removed. That is of course if you can get into a class which in the past has had great demand and a waiting list. Things may be better today. IDK . Of course your new employer may be one of the few that are allowed to offer the course to achieve this. If so they may find a way just for you.
As far as the penal law and it's FFL portion, your employer holds the FFL. You personally will not be a holder of the FFL. How this plays out I have no idea.

"I said I would never pay for a right granted to ALL Americans but here I am."

Now you will have the opportunity to compromise your principles TWICE. And at greater expense the second time around to get the Administrative restrictions removed.
Then again, your new employer may have the ability to "pull some strings".
Good luck with the endeavor.

BDinPutnam · Dec 5, 2019

Criticalt said:
You still need to list it on your pp application.

Ignore this advice at your peril.

Marine Cpl · Dec 5, 2019

I listed a juvenile offense that was sealed. The Investigator told me that I needed dispositions since they couldn’t find it. The very next day I brought them in. She asked me why did I list it if it was a sealed arrest of almost 20 years ago and more than likely not able to be found? This is what is holding the whole process up.

I told her that the question on the application asks if I have ever been arrested rather than in the last 10 years or something like that so I listed it to be honest. I then asked her if I wouldn’t have listed it and if they would have found it, would it be grounds for disqualification? She just looked at me and shook her head up and down.

List it according to how the question is asked is my advice. If it says within the last X amount of years like other states do, then don’t list it.

Doc8404 · Dec 5, 2019

Marine Cpl said:
I listed a juvenile offense that was sealed. The Investigator told me that I needed dispositions since they couldn’t find it. The very next day I brought them in. She asked me why did I list it if it was a sealed arrest of almost 20 years ago and more than likely not able to be found? This is what is holding the whole process up.

I told her that the question on the application asks if I have ever been arrested rather than in the last 10 years or something like that so I listed it to be honest. I then asked her if I wouldn’t have listed it and if they would have found it, would it be grounds for disqualification? She just looked at me and shook her head up and down.

List it according to how the question is asked is my advice. If it says within the last X amount of years like other states do, then don’t list it.

I did the same. Had two situations.
had a buddy on local PD pull my record (whatever database) and showed me as being squeaky clean.
Put both in my application with a letter and only had one with documented disposition. The other was so long ago and sealed that the office managing it even told me not to list it.
I did.
Full carry. Oneida county. YMMV

Never thought I'd do it .. and not sure I should but I have to ....

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