WHY
UTILIZE THE SERVICES OF AN ATTORNEY WITH AN EXPERTISE IN THE FIREARMS LICENSING AREA?
CAN'T OTHER ATTORNEYS HANDLE THESE KINDS OF MATTERS
WITHOUT A PROBLEM?
Even if you personally feel comfortable in reading the Penal Law (and the Rules of the
City of New York) pertaining to pistol licensing, and you feel confident because you have perused the NYPD License Division's
website, you STILL would not have the total picture, as you are limited in regards to two very important aspects-- 1) the
decisional law coming from the NYS Supreme Court in this jurisdiction, and 2) internal policy changes within the NYC Pistol
License Division which are not subject to public disclosure requirements, and which can change without any public notice.
DECISIONAL LAW.Whilst other attorneys may have litigation experience, or experience
with other city agencies, this is an extremely specialized field. Attorneys who do not specialize in this area may not only
have very limited access to many of the decisions at the State Supreme Court level, as the majority of these handgun licensing
cases are not reported (published) and therefore, are almost impossible for the average attorney to locate, but they are also
limited in their knowledge of the changes within the Pistol License Division which cannot be gleaned from either the statute
or regulations.
Consequently, a non-specialist
attorney must rely solely upon the written handgun licensing law, as well the promulgated agency rules-- as well as the "reported"
cases.
HOW CAN YOU GET THE ENTIRE PICTURE WITHOUT
HAVING KNOWLEDGE OF THE GUN CASES DECIDED IN NYS SUPREME COURT?
In
addition, Mr. Chambers, as a specialist in this area of the law, is in a position to monitor the changes within the Pistol
License Division, due purely to the nature of his practice. This is key, because even the non-reported cases do not NOT
represent the entire picture.
At this point,
it is hoped that you start to realize the complexity of the pistol licensing process within the City of New York.
It is intended to appear simple; rest assured, it is not.
KNOWLEDGE OF INTERNAL CHANGES WITHIN
THE LICENSE DIVISION IS CRITICAL. For example, in a reading of all the written law in this area, you
(or an attorney, for that matter) would not be informed of any recent changes within the agency NOT found in the statute or
the regulations. And, there are too many to even list.
Internal
policy changes happen all the time within the Pistol License Division. These are not found in any written matter, anywhere.
As one example, for years, a licensee could sell his registered handgun
without first obtaining "permission" to do so from the PLD, even though the Penal Law makes it a crime to do so,
just so long as he notified the PLD promptly after the sale.
Mr. Chambers learned, during an administrative hearing for a pistol license, that as of April of 2004,
this rule was now being enforced-- this new enforcement, however, was not subject to ANY kind of notice to the public. At
that time, the Pistol License Division began a system wherein a licensee now has to telephone the Pistol License Division
to obtain permission, and a "number" before he can sell his registered handgun legally.
Could you have found this out by calling the PLD? Yes. But that's
not always true. And, more importantly, if you have been a licensee for 20 years, and you've sold one or more of your handguns
during that time, you know you were NEVER required to make this "pre-sale" notification to the Pistol License Division.
The requirement only applied to prompt notification AFTER you sold your licensed handgun. And, if you now act in good-faith
reliance upon what the License Division had done for years in regards to not requiring pre-sale notification of a licensed
handgun before sale, without being aware that the PLD had dramatically changed it's policy in this regard, you are now in
violation of the Rules of the City of New York, Title 38, Chapter 5, as well as the NYS Penal Law. Not only would your license
be suspended, and eventually revoked for a failure to abide by the rules and regulations of the License Division, but you
could be subject to criminal prosecution.
Keep
in mind, this was NOT a change in the law, as the law existed for many years BEFORE the Pistol License Division
suddenly decided to enforce it. And, when it did, it did not tell the public of this change in policy.
Also, this change policy, vis-a-vis enforcement, could NOT
be found within any of the agency's rule changes.
Instead,
this is an internal policy change within the Pistol License Division, with NO public
notification, and something that would be very difficult, if not impossible for a licensee to have known about.
Needless to say, this lack of knowledge leaves the licensee or applicant
in an extremely vulnerable position. In addition, make no mistake about it, the Pistol License Division does not exist to
make the process easy for you. Business clients of this law firm, with absolutely no criminal history, who have tried to tackle
the process alone before realizing the value of legal assistance from this firm, have reported being made to feel "like
a criminal," when faced with what should be a simple task before the Pistol License Division.
It is unfortunate, but true: In many ways, the agenda is decidedly against
the licensee and applicant.
And, keep in mind,
even the simplest of procedures, and governmental forms, can be misread, misinterpreted, or mishandled, if you are not represented
by a highly experienced attorney in the field who is a litigator, and a former prosecuting attorney.