Thursday, August 26, 2021

Still Scratching my Head....



Petitioner, age 34, is a resident of New York City. Petitioner has no criminal convictions and no historically recognized prohibitors to the purchase or possession of firearms. App-9-11. In 2018, Petitioner applied to the NYPD License Division for a license to possess a handgun in his home for self-defense. 2 App9. Notwithstanding this Court’s holding in Heller, that the right to possess handguns for self-defense is absolute, barring the existence a longstanding and accepted disqualifier to firearm possession (i.e., felons and the insane), the License Division denied his application. The License Division determined that Petitioner was ‘ineligible’ to possess handguns due to (i) his lack of good moral character and (ii) other ‘good cause’ to deny the application under Penal Law §§ 400.00(1)(b), (n). App-9-10. In New York City, lack of good moral character and/or ‘good cause’ to deny a handgun license application is determined by the enumerated “Grounds for Denial” found in the Rules of the City of New York, Title 38 at § 5-10. App-51-53. Relying on 38 RCNY 5-10(a), (h), (l), and (n), Petitioner was deemed ineligible and unfit to possess a handgun in his home for self-defense based on an arrest at the age of 15, which the N.Y. City Law Department declined to prosecute, untimely-paid  fines, non-criminal infractions, and his driving history. App-9-12.

Okay, he failed to pay some fines in a timely manner, was arrested but not prosecuted so they denied him a license to have a gun in his home.  It gets better.  They denied him a license.  He filed suit:

After Petitioner’s brief was fully submitted, detailing the unconstitutional analysis conducted by the district court, and just days before the City’s brief was due, the License Division emailed Petitioner directly and instructed him to pick up his handgun license at Police Headquarters. App-57. At the time of the email, there was no handgun license application pending, as Petitioner did not reapply after the City found him ineligible and unfit to possess handguns in 2019.  

So they deny a license because this guy is not law-abiding and is too dangerous to have a handgun at home.  They get sued, then issue a license to this dangerous unconvicted non-criminal.  These guys are idiots!

1 comment:

  1. They are terrified that their elitist illegal licensing scheme will get destroyed in court. After that, why, just about anyone could own a gun! *gasp*