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FAILURE TO DISCLOSE DETAILS OF ARRESTS JUSTIFIED DENIAL OF PISTOL PERMIT.

The Second Department determined the petitioner’s failure to disclose the details of his prior arrests justified denial of a pistol permit:

Penal Law § 400.00(1), which sets forth the eligibility requirements for obtaining a pistol license, requires, inter alia, that the applicant be at least 21 years of age, of good moral character with no prior convictions of a felony or serious offense, a person who has not had a license revoked or who is not under a suspension or ineligibility order, and a person “concerning whom no good cause exists for the denial of the license” … . “A pistol licensing officer has broad discretion in ruling on permit applications and may deny an application for any good cause” … .

Contrary to the petitioner’s contention, the licensing officer’s determination that good cause existed to deny his application for a pistol license was not arbitrary and capricious. The petitioner failed to disclose all of the required details of his three prior arrests, thus hindering the licensing officer’s ability to determine his moral fitness to possess a pistol. Matter of Praino v Forman, 2016 NY Slip Op 05572, 2nd Dept 7-20-16

 

PISTOL PERMITS (FAILURE TO DISCLOSE DETAILS OF ARRESTS JUSTIFIED DENIAL OF PISTOL PERMIT)

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HOUSING AUTHORITY VIOLATED ITS OWN RULES AND EFFECTIVELY PREVENTED PETITIONER... ACTUAL INNOCENCE IS A GROUND FOR VACATION OF A CONVICTION PURSUANT TO CPL 440.10;...