Hello all, i’ve been reluctant to join any of these forums and post anything for fear it would hurt my case or just superstition in regard to talking about stuff before it happens.
I was denied both rifle/shotgun permit and premises pistol license a couple years back.
The bases being that almost 10 years ago an ex girlfriend accused me of assault which of course leads to a mandatory arrest and charge of DV. In my first court appearance (the night of my arrest) I was issued a restraining order which is also automatic. This alone can create significant legal challenges for someone because if you’re dealing with a jealous ex, and you can’t answer their phone calls because of a restraining order, it can quickly turn into a felony for violating the RO.
Me not answering her calls lead her to walk into a police precinct drunk at 3am and accuse me without proof, of violating the RO and threatening her. This alone is enough for a felony charge. By the grace of God, the seasoned detective that took her statement called me the next morning to tell me what happened and that he did not believe her so he was not going to come arrest me for violating the RO. He did warn me that this girl was a serious problem for me and I should stay away from her for good.
On my second court appearance the DA moved to dismiss the case, my attorney learned she had retracted her original accusation. The case was dismissed and sealed without prejudice. This is the biggest of “red flags”.
I got a couple of “trespassing in a (public) park after dark” tickets when I was like 18/19 hanging out with friends in the park and a few (4) traffic violations over a 10 yr period as I live in nyc which is a mindfield to drive in. I think all but one were dismissed (improper turn).
I am a homeowner, I have a wife and young child. I financially support my parents and my little brother who is going to college and I have a professional job. I hired a professional to assist with my applications and we thoroughly disclosed everything. However, 6-8 months later, denied on both even though my handgun interview went very well and I saw the interviewing officer write “no reason to deny”. Prior to the shotgun denial which came first, I received a phone call from the investigator, she said there was a second complaint and report from my ex, at first I wasn’t sure what she was talking about because I was arrested only once and each complaint filed should automatically generate an arrest. But then I realized she was speaking about the incident with the detective that called me.
My best friend and best man at my wedding is an NYPD Lieutenant soon to be Captain (I know he can’t help me get a permit, that’s not where I am going) he advised me that if their was a report filed based on the complaint I should have been given a copy of it while being arrested for it because there is no wiggle room, once the report is generated, an arrest must accompany it.
All these years I was under the impression the Detective never filed a formal report for that second complaint because he told me he did not believe her and was not going to have me arrested. The investigator asked me to write up an explation stating exactly what I have written here, I did and I submitted it. I was denied based on the allegation/arrest without conviction and for receiving two summonses for being in a park after dark.
Then came my handgun interview where I verbally mentioned this to the interviewer but she brushed it off as if it’s no big deal. Then came my denial for handgun license which stated it was because I had “two domestics”, one of which “I failed to disclose on my written appication.” I had no knowledge there was a formal second complaint and would have gladly included it because I think it evidences that both allegations had no merit. Appeals were denied as well.
Now I am looking to fight them in federal court as the state courts will surely just make me waste money for the same outcome. However, it appears the lower courts will be emboldened by the fact that SCOTUS just denied 10 second amendment cases. Reading through some other cases it is evident that the district and circuit courts covering the NY area have complete disregard for the established federal standards of firearm ownership and have consistently backed up the state’s or local government’s discretion in determining what the requirements/ qualifications should be, even for home premise.
Hope this was an interesting read. Sorry for the long post, just felt like venting after being involved in this ridiculousl process for 3 years now. Not really looking for advice per say as I am pretty much taking this as far as I can. I fully expect to lose in district and second circuit and expect to never get infront of supreme court.
I can move my family to Florida and forget about the cold and having no rights but it seems silly to move away over this. Just wondering what everyone’s thoughts are around this and wanted to share my experience for those who may be in similar situations. And know that even though hope is very limited, there are those of us out there willing to carry on and see this through.
I was denied both rifle/shotgun permit and premises pistol license a couple years back.
The bases being that almost 10 years ago an ex girlfriend accused me of assault which of course leads to a mandatory arrest and charge of DV. In my first court appearance (the night of my arrest) I was issued a restraining order which is also automatic. This alone can create significant legal challenges for someone because if you’re dealing with a jealous ex, and you can’t answer their phone calls because of a restraining order, it can quickly turn into a felony for violating the RO.
Me not answering her calls lead her to walk into a police precinct drunk at 3am and accuse me without proof, of violating the RO and threatening her. This alone is enough for a felony charge. By the grace of God, the seasoned detective that took her statement called me the next morning to tell me what happened and that he did not believe her so he was not going to come arrest me for violating the RO. He did warn me that this girl was a serious problem for me and I should stay away from her for good.
On my second court appearance the DA moved to dismiss the case, my attorney learned she had retracted her original accusation. The case was dismissed and sealed without prejudice. This is the biggest of “red flags”.
I got a couple of “trespassing in a (public) park after dark” tickets when I was like 18/19 hanging out with friends in the park and a few (4) traffic violations over a 10 yr period as I live in nyc which is a mindfield to drive in. I think all but one were dismissed (improper turn).
I am a homeowner, I have a wife and young child. I financially support my parents and my little brother who is going to college and I have a professional job. I hired a professional to assist with my applications and we thoroughly disclosed everything. However, 6-8 months later, denied on both even though my handgun interview went very well and I saw the interviewing officer write “no reason to deny”. Prior to the shotgun denial which came first, I received a phone call from the investigator, she said there was a second complaint and report from my ex, at first I wasn’t sure what she was talking about because I was arrested only once and each complaint filed should automatically generate an arrest. But then I realized she was speaking about the incident with the detective that called me.
My best friend and best man at my wedding is an NYPD Lieutenant soon to be Captain (I know he can’t help me get a permit, that’s not where I am going) he advised me that if their was a report filed based on the complaint I should have been given a copy of it while being arrested for it because there is no wiggle room, once the report is generated, an arrest must accompany it.
All these years I was under the impression the Detective never filed a formal report for that second complaint because he told me he did not believe her and was not going to have me arrested. The investigator asked me to write up an explation stating exactly what I have written here, I did and I submitted it. I was denied based on the allegation/arrest without conviction and for receiving two summonses for being in a park after dark.
Then came my handgun interview where I verbally mentioned this to the interviewer but she brushed it off as if it’s no big deal. Then came my denial for handgun license which stated it was because I had “two domestics”, one of which “I failed to disclose on my written appication.” I had no knowledge there was a formal second complaint and would have gladly included it because I think it evidences that both allegations had no merit. Appeals were denied as well.
Now I am looking to fight them in federal court as the state courts will surely just make me waste money for the same outcome. However, it appears the lower courts will be emboldened by the fact that SCOTUS just denied 10 second amendment cases. Reading through some other cases it is evident that the district and circuit courts covering the NY area have complete disregard for the established federal standards of firearm ownership and have consistently backed up the state’s or local government’s discretion in determining what the requirements/ qualifications should be, even for home premise.
Hope this was an interesting read. Sorry for the long post, just felt like venting after being involved in this ridiculousl process for 3 years now. Not really looking for advice per say as I am pretty much taking this as far as I can. I fully expect to lose in district and second circuit and expect to never get infront of supreme court.
I can move my family to Florida and forget about the cold and having no rights but it seems silly to move away over this. Just wondering what everyone’s thoughts are around this and wanted to share my experience for those who may be in similar situations. And know that even though hope is very limited, there are those of us out there willing to carry on and see this through.
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