Pistol Permit Reinstatement

[jan46]

I had a pistol permit revoked in 1997.I have reapplied twice,once in 2005 and again in 2012 and was denied both times.Each time the judge stated he would like to grant my permit but that there is nothing in that says he can. Section 400 of the penal law states that if you ever had a pistol permit revoked in New York State that you are not eleigable. Is there any way to get a pistol permit back in New York?

[Cheasequah]

I do not read Penal Law 400 to state that somebody who has had a license revoked is never eligible for a license. Section 400.00(e) states that "No license shall be issued or renewed except for an applicant who has  not  had  a  license  revoked  or  who is not under a suspension or ineligibility order issued pursuant to the provisions of section  530.14 of  the  criminal  procedure law or section eight hundred forty-two-a of the family court act." These sections deal with a licensee who has an order of protection against him. As I read the section, it applies only to a licensee who has had a license revoked pursuant to CPL 530.14 or Family Court Act 842-a. If I was in your situation, I would ask the judge to look more closely at the section and see that it is not intended to apply broadly to any licensee who has had a license revoked, but only to those who fall within those two sections.