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PETITIONER’S PISTOL PERMIT WAS NOT REVOKED FOR DOMESTIC VIOLENCE; THEREFORE THE FACT THAT THE PERMIT HAD BEEN REVOKED IN THE PAST, STANDING ALONE, WAS NOT “GOOD CAUSE” FOR DENIAL OF THE INSTANT PETITION FOR REINSTATEMENT OF THE PERMIT; MATTER REMITTED (THIRD DEPT).

The Third Department, reversing County Court, determined petitioner’s application for reinstatement of his pistol permit should not have been denied simply on the ground it had been revoked before. The matter was remitted:

… [P]etitioner’s application was erroneously denied on the sole ground that his pistol permit had previously been revoked. Although “[a] pistol licensing officer has broad discretion in ruling on permit applications,” denials must be based upon “good cause” … . Penal Law § 400.00 (1) (k) prohibits the issuance of a pistol permit to an individual “who has . . . had a license revoked or who is . . . under a suspension or ineligibility order issued pursuant to the provisions of [CPL 530.14] or [Family Ct Act § 842-a].” This Penal Law statute, however, “was intended to protect victims of domestic violence from individuals who have orders of protection issued against them” and, thus, necessarily bars issuance only where the prior pistol permit was revoked pursuant to one of the cited statutes … .

Here, petitioner’s prior permit was not revoked pursuant to either CPL 530.14 or Family Ct Act § 842-a, but instead upon proof that petitioner made a certain threatening remark and failed to comply with an order directing him to turn in all of his firearms. “Although the revocation of petitioner’s pistol permit and the reasons therefor unquestionably could have some bearing on whether there is good cause to deny his current application,” the prior revocation, alone, was not an adequate basis for the denial (id. at 1114 [internal quotation marks and citation omitted]). As the determination set forth no other ground for denying the permit, it was not based on “good cause” and must be annulled as arbitrary and capricious … . Matter of Gaul v Sober, 2020 NY Slip Op 05013, Third Dept 9-17-20

 

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