I have made several post on other threads regarding my application and today received my dissapproval letter. My goal besides getting my Denial overturned is to help others try to get insight on NYC's nonsense. On the application it asked if I was ever involved in a incident of domestic violance I answered no. Leading up to my divorce my ex had called the cops several times and a dir was filed each time stating verbal arguments they even said this in my denial letter. Also I had a temporary order of protection against me when I filed for divorce. Unknown to me at some point while under the order of protection my ex made a police report stating that I violated the order. I was never contacted by the police the court that issued the order never made a claim that I violated the order or was I charged with said infraction. However my pals at the NYPD say that I violated the order based on her police report. So in conclusion if you have a DIR for a verbal argument that means your guilty of domestic violence and if someone makes a police report true or not the police will take it as gospel. For kicks I will include the text of the letter I would love your comments. Oh and if any of you know a good lawyer please post.
Text from my denial "The applicant has a history of domestic violence incidents in the past with his ex wife Jane Doe in which the police responded. The applicant check off no on his application when asked if the police ever responded to an incident of domestic violance which he was involved in. A search of the dir database has shown a history of police responding to his residence and prepared dir reports regarding verbal arguments. Domestic incident reports were prepared on 11/02/05, 9/05/05,3/27/06,and 0n 4/24/06 where the applicant violated an order of protection by coming within close physical proximity. The number of incidents cast grave doudt on the moral character of the applicant therefore the applicant has been dissapproved.
Thanks for your input.
I think in this case it wouldn't have mattered if you put yes or no you still would have been denied, but you certainly didn't help yourself putting no when there was a doubt. This is just my opinion after having my application denied for being honest. I fought it on my own(the basis of the denial wasn't of a criminal nature)and won. I called a lawyer on the island(Murtha&Murtha) for a free over the phone consultation then chatted with a lawyer friend to get my head straight before writing up my appeal. Since I didn't have to access any records or get any affidavits or anything my appeal went right thru with no problems and I won.
I just checked the Murtha website and it seems to have changed... the old site had links about 2A rights now no mention, but i'd still give them a call. it's pricey but if you have the money to burn then go for it. The only other 2A guy is Chambers who charges a ton for this stuff.
Hmm... I remember the first time you posted about this, most of us thought this would nail you, and it looks like NYPD did. At this point it's he said vs. she said. Although I'm confused how you are charged with violating an order of protection of the police never took you into custody? They can't say you violated based on word (otherwise people would abuse this), they need to take you in or have 3rd party proof like a video or something.
EDIT: After rereading, I think it was the frequency. 4 reports filed that probably tipped the scales on you. You might be able to take it to court as I know they've been waiting for a case to challenge the "moral character" clause, especially in this case you are not a felon and have cleared issues with your ex-wife as you stated previously.
Last edited by MueveloNYC; 11-15-2010 at 06:12 PM.
Sorry to hear about this. Some additional pro-firearm attorney info can be found here...
Mr. Jensen is pretty active on the forums there so you may want to PM him. Maybe this is it... Caraballoso vs Kelly does have a nice ring to it. Best of luck.
I have retained what some have said to be the best lawyer out there when it comes to dealing with NYPD in License matters. You are completely correct about violating the order of protection they need to arrest you or the DA needs to prosecute and of course the judge who issued the order can punish you, However none of that happen cause I did not violate it. the investigators statement of a violation is based on just a police report. I do hope that a appeal will be enough to wake them up however I am not one to take my gun rights lightly and will file court action if needed.
Would you mind adding your attorney's info to that linked list for the benefit of others? Also, please update us from time to time on how things are proceeding. I'm very interested in how things turn out.
Good luck! Hopefully it wont burn too much of a hole in your pocket.
Advice I can offer to this point. If you have any domestic incidents where someone makes claims of violance you probably need a lawyer. I was stupid in thinking that reason would prevail. If someone has never been arrested ,or summons to court or charge with a crime or infraction it would stand to reason that they are innocent regardless of false allegation-well not in NYC when dealing with firearms. I may have saved my self some cash if I had paid $700 to have my application prepared by a lawyer.
I understands the need to keep criminals nuts and domestic abusers from getting guns.
So I have no objection to being licensed in a major city. However it should be free and based on the federal standard like in most of the country.
Thanks for listening to my venting.