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Gun License

In New York Possession of a Handgun without a license is a felony. Possession of even a rifle or shotgun is illegal in New York City without a permit. Getting a firearms license in many New Counties such as Westchester or Rockland can be difficult and getting a license to possess a firearm in New York City can be almost impossible. Gun licenses can also easily be suspended or revoked.


New York is one of the only states that makes it a felony to touch a handgun or pistol without a license and obtaining that license can be very difficult. Whether you have had a gun license revoked or been denied a gun license you are entitled to appeal that decision and you are entitled to be represented by experienced lawyers with a proven track record of winning gun license appeals during every stage of your appeal.


New York Gun License Revocation Proceedings

If your gun license is revoked or the government is attempting to revoke your pistol license, you are entitled to appeal and you are entitled to a hearing. You are entitled to the representation of experienced gun license lawyers who know how to protect your rights.

Very often a revocation may start with an “incident” although the definition of an “incident” among certain licensing officers may be very expansive. Outside of New York City you may be served with an Order to Show Cause temporarily suspending your license and requiring you to turn in your guns pending the outcome of the proceedings. In New York City you may get a letter suspending your license and directing you to turn in your firearms and directing you to give an explanation about the “incident”. Be careful, the way you respond and what you say and don’t say may be used against you.

New York Gun License Denial

In New York there are many different types of gun licenses. Penal Law Article 400 defines the types of licenses and the legal requirements to obtain them. Many of the licenses are defined by law and some are literally made up by the licensing authority in your County. Each type of license has its own specific requirements. What is universal is that all types of licenses require a completely truthful application and require that the applicant be at least 21 years old and of “good moral character.” The last requirement is often used to deny people based upon arrests which were ultimately resolved in favor of the applicant.

The law in New York permits gun licensing officers to be able to view even sealed arrests and charges. Often, dismissed arrests or sealed cases are used to deny people gun licenses.

In addition, licenses to carry in many Counties have their own special requirements. Penal law Article 400 lists tis requirement as “PROPER CAUSE”, although different Counties and different Courts define Proper Cause in different ways.

The Licensing Officer Doesn’t Get the Last Word, The Courts Do!

Whether your County has a Licensing Officer or the Licensing Officer is a County Court Judge the Licensing Officer does not get the final word on whether your license should be issued or revoked. You have a right to file an Article 78 Proceeding to challenge the decision in the Courts.

Gun Ownership is a Constitutional Right

Since the landmark Supreme Court Decisions of Heller in 2008 and McDonald in 2010, the Courts have recognized gun ownership as a constitutional right possessed by individuals independent of a militia. If you have a gun license revoked in New York or are denied a gun license that is an infringement on your Constitutional rights. The question is whether it is a permissible infringement on your rights or an impermissible infringement on your rights. It is important that you speak to a lawyer familiar with gun rights.

Retain a Westchester County Based Gun Rights Lawyer to Fight to Protect Your Rights

If you have recently had a gun license denied or revoked, contact one of our experienced White Plains based attorneys. We routinely represent gun owners throughout Westchester, Bronx, Kings, Queens, Manhattan, Rockland, Richmond, Nassau, Suffolk, and Putnam Counties. Arrange a free consultation by calling Tilem & Associates at 877-377-8666 or contacting us online.

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