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Old 03-07-2013, 21:08   #1
mrstrau
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Dutchess County, NY CCW Denied..

I will admit, to you Glocktalk-ians, I made a mistake. 3 and a half, almost 4 years ago, I was fired and arrested from a job for stealing $16.50 of merchandise. I was recently thrown out of my house, and was dead broke and desperate. I accepted the consequences, and my charge was dropped and sealed on ACD after 6 months. Now 23, I have not gotten in trouble since.

After a year and a half of waiting after applying for a CCW, I got a letter from the Dutchess County Sheriff's office. It said:

Dear [mrstrau],

The Judge denied your pistol permit application.

Respectfully,
The Pistol Bureau

Now, I understand I made a mistake. I was a teenager when I got arrested, and going through some rough times in life; we've all been there. I've turned myself around since then, putting myself through college, maintaining the Dean's list throughout my college career and working full time while in school. I work with mentally handicapped kids. Not to toot my own horn, but I really think I'm a decent person these days. I've even thought of going into law enforcement for a career.

I called the pistol permit office, surprised that something that was sealed and dismissed would be enough to ban me from a CCW. Surprisingly enough, it was. For some reason, in their eyes I'm a "hardened" criminal who doesn't deserve to carry a handgun.

There is an appeal process, in which I can make my case and try to get the decision reversed. My question to you guys is, do you think I should go for it? Wait a few years? I heard that its very difficult to beat the appeal process without and attorney.

I'm not sure. I was really surprised I got denied. I guess it's because of the recent NY SAFE act and all the recent gun control legislation that's going on.

Any advice would be appreciated.

TL;DR, I got arrested almost 4 years ago for something stupid and got my CCW request denied. How should I go about winning the appeal process?


Many thanks,

mrstrau
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Old 03-07-2013, 21:21   #2
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I would try to speak with the judge who issued the denial.

Find out what made them choose their decision, and what steps you can take to help fix it.

Hell, you might be able to explain things to the judge & reverse his decision, call NYLE or whatever the permit-issuing place is in that state to explain that he's changed his mind after speaking with you, and they will just need him to fax in a letter of approval.

You never know unless you try.
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Old 03-07-2013, 23:54   #3
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I would highly recommend moving to a free state, which will issue a chp as long as you're not a felon. Bonus: more than 7 round mags...
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Old 03-08-2013, 08:31   #4
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I would highly recommend moving to a free state, which will issue a chp as long as you're not a felon. Bonus: more than 7 round mags...
I have to agree with this. Come to TX. Maybe Fla. Here in TX it's a shall issue state, and misdemeanor theft of less than $20 is not enough to disqualify you. You'd have your CHL in about 2 months.
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Old 03-08-2013, 08:57   #5
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No offense OP....but you do live in NY...what did you expect? Jesus can't get a CCW in NY without knowing someone.



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Old 03-08-2013, 09:44   #6
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Go online and look up "Relief From Disabilities". This is a process where passed infractions can be expunged from your record. Can't hurt to look into it and submit the paperwork.
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Old 03-08-2013, 10:15   #7
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I would go and appeal this decision, from what I heard most people will be denied at first since it is a may issue state.
It would help if you knew a higher up LEO that could write you a recommendation that you can take to the judge.
Also if your file was sealed they have no right to open it for such a thing and it may not even be the reason that you were denied.
Try it as you really have nothing to loose.
And if posible you really should consider moving away.
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Old 03-08-2013, 11:34   #8
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You may well be able to appeal it yourself, but my guess is this might one of those times when a competent attorney may well be the best choice.
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Old 03-08-2013, 11:56   #9
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You can appeal, however I'd expect you to lose. Bottom line, NY is still may issue. If they can't deny you for a petty theft 5yrs ago, then they'll deny you because your momma dresses you funny, or your GPA isn't high enough, or you don't make enough money per year.

You could have a spotless record, and they could still deny you a CCW.

That's how may issue works (or doesn't work in some cases). There generally is no set standard, and it's simply some bureaucrat's opinion that you should not have a CCW... so you don't get one.
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Old 03-08-2013, 14:25   #10
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Just try again with a clean record in five or so years.
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Old 03-08-2013, 14:35   #11
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OR, you know, maybe you could try to avoid getting collared.

You know, that might help.
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Old 03-08-2013, 14:36   #12
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OR, you know, maybe you could try to avoid getting collared.

You know, that might help.
So true!
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Old 03-08-2013, 14:55   #13
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my charge was dropped and sealed on ACD after 6 months.
Something is not right.

If the charges were dropped, they were dropped. No charge, no conviction. It is the same as if you were innocent of the charges.

Confusion?

I have a feeling you don't have the story straight, or I am missing something about NY.
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Old 03-08-2013, 14:58   #14
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You are saying that an adult male committed a crime but are blaming it on a 'teenager'.

I gather you still do not accept that actions have consequences.
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Old 03-08-2013, 15:31   #15
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You are saying that an adult male committed a crime but are blaming it on a 'teenager'.

I gather you still do not accept that actions have consequences.
The amount ones mind matures between the ages of 19 and 25 is immense. Why don't you get off your high horse...
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Old 03-08-2013, 15:41   #16
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There are enough people out there who have NEVER BEEN COLLARED IN THEIR LIFE to constitute a law abiding concealed carry community. To my way of thinking licensing someone who has any type of a criminal record is ridiculous.
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Old 03-08-2013, 18:30   #17
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Wow, quite a response, thank you for your input.

Several things:

There are a few people on this thread who seem to be on some sort of high horse and say things like, hardy hardy har har, why don't you try not getting arrested. Or, there are consequences for all actions. Or, anyone who has any criminal record period should never get a concealed carry license.

I disagree with those points. I made a mistake, as a much younger man who was going through some pretty serious issues at home that involved psychologically abusive alcoholic parents. Thankfully, I got out of that situation and have, in lesser words, turned myself around. I'm a functioning member of society who holds a job and works full time and has recently graduated with a bachelors all on my own, without any help from anyone else. I work with mentally handicapped people and overall, am a pretty decent human being. I admitted that I made a mistake. My first ever, and so far, last brush with the law. If stealing 16 bucks of deodorant and some food is enough in your eyes to bar me from owning a handgun ever, I'd have a few choice words for you that I can't repeat on this forum. But, spoiler alert, those words would have something to do with going and having intercourse with yourself.

To those of you who actually are giving some level of constructive advice, I appreciate it and I will take all into consideration.

Trust me, I plan to move out of ZOO YORK as fast as possible, and end up somewhere out West. My uncle, who currently is serving in Afghanistan, (GASP a hardened criminal like myself has relatives who are patriots???? Who would have knew), lives in Texas and has several times tried to get me to move there. I was also thinking about Colorado, but with the recent gun law changes I'm having doubts.

I am going for the appeal, I've heard several people take them on and win, with and without a lawyer. I'd rather not get a lawyer as I am still paying off student loans and I hate debt, unlike many in this country. A friend of mine, who is an undercover narcotics agent (GASP, a hardened criminal like myself has police friends????), said I should definitely go for the appeal.

Someone else said I don't have the full story, but I am telling you, as much as someone can on the internet, that I'm telling the truth. It was because the arrest was within the last five years, even though the charges, and the conviction, was dropped, that I was barred from the CCW. No mental health issues, no drug charges, no violent charges, hell, I don't even like to drive after a beer. And I'm Irish.

Someone else said I should look into having my record expunged. My uncle, who besides serving in Afghanistan protecting some of the idiots on this board, is also a police officer and suggested I do the same.

So, all in all, thanks for the response and I will fight this and see what I can do until I am in a situation to leave this God-forsaken state.

Cheers,
mrstrau
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Old 03-08-2013, 18:40   #18
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Appeal it.

If you don't, you will not change anything.

If you do, there is a possibility you could change something.
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Old 03-08-2013, 18:58   #19
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It won't be cheap but you might want to a lawyer about an expungement.
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Old 03-08-2013, 19:32   #20
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It sucks bad, but on rare occasion, you get what you get based on your past behavior. The guys that are good all the time get a break, and the guys with documented integrity violations get something different.

Maybe if you move to a different state, you might have a better chance.
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