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    Addressing criminal past on NC Application

    Hello All: I am applying for a Nassau County Pistol Permit and must provide an explanation/description letter for a DWI several years ago. It is the only adverse information on my entire background. I have prepared all of the certified court transcripts and dispositions and need to write the “explanation letter”. I am inquiring to see if anyone in this forum has experience with what information is important to include in the letter, whether “Just the facts” are sufficient or if one is better served by going “the extra mile”.

    I am inclined to not make excuses, state that I made a mistake at a younger age, acted respectfully during the traffic stop, accepted responsibility, paid my fines, completed all court appointed activities, and have an otherwise perfect driving record for many years. Are there any specific “phrases” or “terminology” that I should use, should I go on and on about how sorry I am, or is straight and to the point sufficient?

    Should I anticipate being rejected over this assuming the remainder of my application is in order.

    Thanks - hopefully this pans out and I can participate in this great community you all have here.

    #2
    Brave and difficult first post. Welcome.

    If you had a felony conviction forget the application. You need a lawyer first to see about the complicated path to getting your rights restored.

    Barring that, I have no special experience in this area. I would make the observation that this situation is a likely a daily event in the Pistol Bureau, You are likely not the first one today or this week.

    If it were me, I'd plead my case like an adult, no whining, no blaming, no embellishment. I would hope my record going forward from that day spoke for itself.

    Good luck with your application, and don't give up. If it goes badly at first, get a lawyer, fight your way up.





    LI Ammo, 2 Larkfield Rd. East Northport, open seven days

    Comment


      #3
      Thank you for taking the time to reply.

      Comment


        #4
        That^^^^^^^

        I would also add that if they tell you to pull the application because you are going to be denied, pull it. You do not want a denial.

        Best of luck to you. I hope it works out in your favor.

        Comment


          #5
          I’ve always held that a Pistol License application, certainly in NY is as much an integrity test as it is anything else. There is nothing asked on the applications that they don’t or won’t know the answers to, so just be honest. Like Alan said, they see these situations routinely and can usually see an applicant in totality and not simply a DWI.
          You’ll hear plenty about excessive, illegal wait times. We will bitch about fees and restrictions. Trust me, everyone has an opinion on PLB. Truth is, while the process may stink the PLB’s largely do their jobs fairly. If the application is likely to be denied for some reason, they will often give the applicant a chance to withdraw the app. If that happens, discuss it with your investigator and withdraw. It is usually for a period of time and is a far better option than being denied, which would have to be disclosed forever more on any future application anywhere. Of course exceptions occur but generally they are not bad.
          Be aware that you will you will have an opportunity to tell your story to your investigator during the process and can make your case at that time.

          Be honest, be patient and start thinking about what you’ll buy when your permit comes through.

          Good luck
          Last edited by Huntington Guy; 06-10-2019, 08:02 PM.

          Comment


            #6
            Write a concise letter detailing the circumstances of the incident, accept responsibility for your actions, throw in a couple of sentences about it being a learning experience, and that it won't happen again. I think you pretty much answered your own question in the first post. Good luck!

            Comment


              #7
              Be honest and open. Should be no problem. IF they predict you will be denied you have two options: withdraw the application, or, pursue the application, but retain a lawyer and have him let them know you'll proceed with litigation if you are denied. Most likely they will back down when a lawyer appears.
              Assuming you are not an alcoholic, you can not be denied a civil right over a less than a felony-non violent criminal conviction. They know that. But they will try to make you think they can deny you, so you slink away.
              I am not your lawyer, so you should proceed only after consulting one.
              Ballistic: "Grif... You are my legal eagle spirit animal...."

              Comment


                #8
                How many years ago?
                When they kick out your front door
                How you gonna come?
                With your hands on your head
                Or on the trigger of your gun?

                Comment


                  #9
                  Originally posted by GolfBowlFold516 View Post
                  Hello All: I am applying for a Nassau County Pistol Permit and must provide an explanation/description letter for a DWI several years ago. It is the only adverse information on my entire background. I have prepared all of the certified court transcripts and dispositions and need to write the “explanation letter”. I am inquiring to see if anyone in this forum has experience with what information is important to include in the letter, whether “Just the facts” are sufficient or if one is better served by going “the extra mile”.

                  I am inclined to not make excuses, state that I made a mistake at a younger age, acted respectfully during the traffic stop, accepted responsibility, paid my fines, completed all court appointed activities, and have an otherwise perfect driving record for many years. Are there any specific “phrases” or “terminology” that I should use, should I go on and on about how sorry I am, or is straight and to the point sufficient?

                  Should I anticipate being rejected over this assuming the remainder of my application is in order.

                  Thanks - hopefully this pans out and I can participate in this great community you all have here.
                  The penal las clearly defines what they can deny you for, if it is not on that list you are good to go regardless of what the investigator says, don’t let them bully you into withdrawing when you haven’t committed a disqualifying offense.

                  Comment


                    #10
                    Originally posted by Bigrob View Post

                    The penal las clearly defines what they can deny you for, if it is not on that list you are good to go regardless of what the investigator says, don’t let them bully you into withdrawing when you haven’t committed a disqualifying offense.
                    Respectfully, that’s not good advice....

                    Neither Nassau or Suffolk care what the PL says. Pistol permit is legally not supposed to take longer than six months. How’s that working out?

                    If they want to, a denial is a hoop they’ll see if you’ll jump through. No one sees a ding to their paycheck or friction from above if they deny an applicant.

                    On the NCPD page it states the applicant must “Be of good moral character.” If the investigator isn’t feeling it they can deny you. If they deny you you’ll need an attorney and have to appeal the denial. Also, going forward on any job apps you’ll have to answer in the affirmative you have been denied a license/permit.

                    That said, knowing lots of people with pistol permits I haven’t known anybody that was denied. I however, do know people that were told to either not apply now and wait or withdraw an application because it would be denied. One was a friend who applied and then 4 months later ended up starting divorce proceedings. He was advised to pull his app which he did. He was told it would be denied if he continued.

                    Getting denied a pistol permit while in the midst of a divorce isn’t in the handbook. It ain’t in NYS PL 400.00(but “be of good moral character” is) yet here he was. So if he had pIcked this hill to die on and refused to let anyone “bully” him he’d have been denied, had to retain an attorney at considerable expense and gone through an Article 78 hearing. He pulled his app and applied again when he was divorced.

                    The whole system/construct sucks. The whole process is ridiculous and reeks of nanny state bullshit.

                    OP, your best bet is to call Pistols and talk to them. They’re more than happy to give you the info you’re looking for.

                    Last edited by Sherm66; 06-10-2019, 10:57 PM.
                    When they kick out your front door
                    How you gonna come?
                    With your hands on your head
                    Or on the trigger of your gun?

                    Comment


                      #11
                      Owning a pistol is a civil right. Even in NY. "Moral Character" isn't a criteria to exercise the civil right to go to church, speak out against the government, or to own a pistol. If you arn't willing to stand up to the government for either one or all of your civil rights, then you deserve the chains you willingly accept. 42 US Section 1983 provides for reimbursement of attorneys fees when vindicating a civil right against the government. No one should be intimidated by government agents acting unlawfully.
                      Ballistic: "Grif... You are my legal eagle spirit animal...."

                      Comment


                        #12
                        Originally posted by Grifhunter View Post
                        Owning a pistol is a civil right. Even in NY. "Moral Character" isn't a criteria to exercise the civil right to go to church, speak out against the government, or to own a pistol. If you arn't willing to stand up to the government for either one or all of your civil rights, then you deserve the chains you willingly accept. 42 US Section 1983 provides for reimbursement of attorneys fees when vindicating a civil right against the government. No one should be intimidated by government agents acting unlawfully.
                        Right but in today's day in age, standing up for your rights requires money for lawyers. Encouraging someone to go die on a hill is irresponsible if your skin isn't in that game.

                        Comment


                          #13
                          Originally posted by Sherm66 View Post

                          Respectfully, that’s not good advice....

                          Neither Nassau or Suffolk care what the PL says. Pistol permit is legally not supposed to take longer than six months. How’s that working out?

                          If they want to, a denial is a hoop they’ll see if you’ll jump through. No one sees a ding to their paycheck or friction from above if they deny an applicant.

                          On the NCPD page it states the applicant must “Be of good moral character.” If the investigator isn’t feeling it they can deny you. If they deny you you’ll need an attorney and have to appeal the denial. Also, going forward on any job apps you’ll have to answer in the affirmative you have been denied a license/permit.

                          That said, knowing lots of people with pistol permits I haven’t known anybody that was denied. I however, do know people that were told to either not apply now and wait or withdraw an application because it would be denied. One was a friend who applied and then 4 months later ended up starting divorce proceedings. He was advised to pull his app which he did. He was told it would be denied if he continued.

                          Getting denied a pistol permit while in the midst of a divorce isn’t in the handbook. It ain’t in NYS PL 400.00(but “be of good moral character” is) yet here he was. So if he had pIcked this hill to die on and refused to let anyone “bully” him he’d have been denied, had to retain an attorney at considerable expense and gone through an Article 78 hearing. He pulled his app and applied again when he was divorced.

                          The whole system/construct sucks. The whole process is ridiculous and reeks of nanny state bullshit.

                          OP, your best bet is to call Pistols and talk to them. They’re more than happy to give you the info you’re looking for.
                          The fact of the matter is that they are bound to follow the law just as we are. No where in the penal law does it mention moral character, lastly when anyone hires a lawyer and sues to hold them accountable to the 6 month provision their license magically appears. (Including mine) An investigator not “feeling it” does not legally allow them to deny you. Your friend going through a divorce (unless allegations of domestic violence) does not prohibit you from owning a firearm, either legally or by newyork state and therefore would have legal recourse and a slam dunk at that.
                          Last edited by Bigrob; 06-11-2019, 12:19 AM.

                          Comment


                            #14
                            Originally posted by wdeister08 View Post

                            Right but in today's day in age, standing up for your rights requires money for lawyers. Encouraging someone to go die on a hill is irresponsible if your skin isn't in that game.
                            im not encouraging anyone to die on a hill, I am simply explaining that investigators have been known for trying to intimidate people into withdrawing their applications when they have not committed a disqualifying offense. If the OP is in that criteria than he has a possibility of winning an article 78 hearing if he wishes to go that route if the license bureaus feels like violating the law that they are bound to follow.
                            Last edited by Bigrob; 06-11-2019, 12:24 AM.

                            Comment


                              #15
                              Originally posted by wdeister08 View Post

                              Right but in today's day in age, standing up for your rights requires money for lawyers. Encouraging someone to go die on a hill is irresponsible if your skin isn't in that game.
                              In this day and age? What age are we in? People DIED for us to have the civil rights we have, and you deign it "irresponsible" to counsel against just laying down and taking it from some tin horn bureaucrats? Owning guns and shooting requires money. Getting the sports package on cable TV takes money. Cruises and ski vacations take money. Just because the suggestion requires the individual to spend money doesn't make the advice less sound.
                              There are ways to get legal help on the cheap and as I said, the successful civil rights lawsuit results in the recoupment of attorneys fees. And as a practical matter, as stated above by others, the licensing people with very few exceptions back down at a $250 letter from an attorney threatening a civil rights action, rather than requiring a full blown court case.
                              Ballistic: "Grif... You are my legal eagle spirit animal...."

                              Comment

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