Judge ruled to be "without authority"

08/20/2020 12:35 AM | Anonymous

The Second Appellate Division of the Supreme Court of the State of New York ruled in favor of a Rockland County gun owner who had twice applied to have the restrictions removed from his pistol permit and receive an unrestricted pistol permit.  

His requests were denied on both occasions and the judge whom he petitioned not only denied his application for an unrestricted permit but also instructed the petitioner not to reapply for at least one year

The judge’s [licensing agent] decision that “enjoined the petitioner from applying for an unrestricted pistol permit for one year” was overruled concluding “…the licensing agent was without authority to bar the petitioner from reapplying for an unrestricted pistol permit for one year “.  

"A party may forfeit the right to access the courts if he or she 'abuses the judicial process by engaging in meritless litigation motivated by spite or ill will'.  Here, however, the injunction was not imposed by a court but by a judge acting as a licensing agent (see Penal Law 265.00[10]) in a quasi judicial capacity.  The issuance of the injunction was beyond the scope of his powers to either deny or grant the application (see Penal Law 400.00[4-a]."

Despite still being without an unrestricted permit, this gun owner [and others], are not mandated to wait a specified time before reapplying. This sets a precedent statewide. 

A 2nd Amendment Defense Organization, defending the rights of New York State gun owners to keep and bear arms!

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East Aurora, NY 14052

SCOPE is a 501(c)4 non-profit organization.

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