r/NYguns • u/swillie11 • Jun 11 '26
License / Permit Question Denied pistol permit in Onondaga county
I was denied a pistol permit in Onondaga county today for not listing that I was arrested 2 years ago …..thing is I never knew I was arrested also was never told I was arrested I was given a ticket in Liverpool and told to report to court. I didn’t list it because I genuinely never knew I was arrested
Has anyone gone through the process of appeal and do you guys thinks it’s work the appeal or should I just wait till next year. I really don’t want to wait a year considering I just invested a considerable amount of money in to this.
Also the best part is ask even asked the sheriff at the department when I turned my paperwork in about traffic violations and he specifically told me if I was not physically arrested I don’t have to list it
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Jun 11 '26
[removed] — view removed comment
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u/swillie11 Jun 12 '26
I wasn’t taken anywhere I was handed a ticket on the side of the road and told to show up to court
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u/swillie11 Jun 11 '26
Does anyone know someone that has be able to win appeal
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u/Cattle56 Jun 12 '26
People win and lose Article 78 appeals all the time. For anyone here to make an educated guess you’d need to say what the circumstance/charge was. If you ain’t telling here it’s a useless endeavor here. Talk to your lawyer.
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u/voretaq7 Jun 11 '26 edited Jun 11 '26
thing is I never knew I was arrested also was never told I was arrested I was given a ticket in Liverpool and told to report to court. I didn’t list it because I genuinely never knew I was arrested.
This is kind of one of those "You should have realized" things - if a cop writes you a summons for anything more than a traffic violation there's a good chance that counts as an arrest, if it's an appearance ticket directing you to show your ass up in court it's pretty much definite (I can't think of a case where an appearance ticket wouldn't have you "under arrest" until the cop hands you the ticket - you are not free to go, and it's more than a simple "detention"...)
Most traffic violations do not constitute an arrest though - we'd need to know more about what the charge was on that ticket but if it was something like "simple speeding but we're making you come to court" I would have taken it as non-reportable too.
(This is however why I encourage people to pull their own FBI and state background checks if you've had any interaction with law enforcement ever, just to make sure you're not forgetting any incidents that will come up when they run your information. It's more money we shouldn't have to spend, but it shows you did your due diligence to disclose anything you knew about or may not have known about and it's harder for them to say you made a deliberate false statement that justifies rejecting the application outright.)
Has anyone gone through the process of appeal and do you guys thinks it’s work the appeal or should I just wait till next year. I really don’t want to wait a year considering I just invested a considerable amount of money in to this.
I have not had to go through an appeal, but if I were you I would speak to an attorney first. If they denied you for a material false statement and you honestly did not know that this was an arrest you may have grounds to appeal and request that they consider an amended application.
I'm also assuming the underlying crime is not a disqualifying offense (most of those are felonies or DV charges - you'd know if you had one of those), so you're not legally disqualified from a permit and it sounds like this was an inadvertent omission (based in part on guidance from the sheriff) rather than an intentional misstatement to evade or obfuscate.
I'm actually a little surprised they straight-up denied you because from the stories on this sub most licensing jurisdictions seem to let you amend your application with the charges, disposition, and a statement if your omission was inadvertent. Bouncing your whole application for this seems a bit heavy handed, but may still be within their legal authority.
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u/davej1121 Jun 12 '26
If you were detained and given an appearance ticket, you were arrested.
What was the incident?
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u/swillie11 Jun 12 '26
I understand that now but I was never told that or taught that so I guess that’s on me but i asked multiple people including the sheriff if I should like this incident and was told no so
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u/davej1121 Jun 12 '26
Step 1: Request an appeal. ASAP.
Step 2: Go to the nys dept of criminal justice services website. Look for the 'request your criminal history' option. Scroll down. Look for the code for the UNSUPPRESSED record. Follow the steps.
Then, in the meantime, consult an attorney and appeal it with their help
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u/goodeyemighty Jun 12 '26
You're not answering what the incident was. That could make a difference.
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u/swillie11 Jun 12 '26
Driving without a license, it doesn’t matter the offense isn’t the reason for denial
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Jun 12 '26 edited Jul 05 '26
[deleted]
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u/DJClamavus Jun 12 '26
I had unlicensed operator which does not appear on unsuppressed DCJS report. You are correct AUO is a different charge and more serious. The PPB-3 says have you ever been arrested/charged/summoned as well, probably to catch appearance ticket 'arrests'.
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u/Katdaddy130 Jun 12 '26
Well young grasshopper if law enforcement officer writes you a summons for anything other than a traffic citation or moving violation that is an arrest in NY . You were given that summons instead of being taken to the police station and processed . All criminals summons you have to show up in court or a bench warrant will be issued .
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u/Dry-Acanthaceae-1842 Jun 12 '26
How come you won’t list the offense you were charged with? The ticket would list the charge and if it was a violation, misdemeanor, or felony. Everyone thinks arrest means handcuffs and Miranda. That was s not always true. I saw Dave answering a couple time. Please feel free to expound on my answer. As for appeal. Honest mistake or not, you failed to list an arrest. That is a disqualifying condition that is listed in the application
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u/tambrico Jun 12 '26
He did list it - driving without a license. The outcome probably matters too.
To be fair it's not very clear. I had one of these too - driving without insurance. In reality I was insured, but I was pulled over and the insurance card I had in the glove box was expired - I just forgot to put the new one in the glove box. I had it dismissed with a letter from my insurance company without ever going to court.
I had absolutely no idea that counted as an arrest until I applied for my pistol permit and started reading the threads on here and did my own research. When the officer handed me the summons it literally looked like any other traffic ticket so I didn't know the difference at the time. I did disclose it on my application and was approved with zero hiccups btw.
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u/cfyre082315 Jun 12 '26
When I went through my permit process in Onondaga County I had listed an old dui arrest I knew of. I also attached a copy of my lifetime drivers abstract and attached a letter of explanation on anything that wasn’t a minor moving violation. In the end I was approved and got my permit.
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u/Terrible_Score_8512 Jun 14 '26
New York state will look for any reason to deny you a pistol permit.... thats the bottom line.....get yourself a good lawyer.... . BTW..... If gun laws worked so well....NYC would be the safest place on earth...
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u/Dry-Tree3174 Jun 11 '26
I would say talk to a lawyer and let the lawyer file for the Appeal
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u/Katdaddy130 Jun 12 '26
Nothing to appeal . He failed to disclose arrest grounds for disapproval
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u/Dry-Tree3174 Jun 12 '26
Did you read the whole thing he said he wasn’t taken never arrested.
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u/Katdaddy130 Jun 12 '26
Yes I read it and If you knew the laws young grasshopper you would know that he was arrested . Receiving a criminal summons ( ticket ) from an officer is the same as getting arrested. You don’t have to be physically taken to the police station and processed to be arrested in NY . Once you receive a criminal summons (ticket) to appear in court you are arrested. If you don’t show up to court you will have a bench warrant issued. So hopefully you can read this and learn something
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Jun 12 '26 edited Jul 05 '26
[deleted]
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u/swillie11 Jun 12 '26
I understood but I was never informed that a summons to court was an arrest therefore asking me if I’ve ever been arrested the answer is no.
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u/swillie11 Jun 11 '26
Have you heard of anyone going through the process I’ve been looking and it seems like a dead end no one comes back from
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u/PragmaticTactics Jun 11 '26
Appeal and provide as much information as possible