In 1997, this law firm argued (and WON) a case before the highest
court in New York State, THE NEW YORK STATE COURT OF APPEALS.
In that case, the Court of Appeals
agreed with this law firm that a violation of the terms and conditions of your handgun license could not be criminally prosecuted,
but could only be dealt with by the handgun licensing officer via an administrative sanction.
WHAT EXACTLY IS "PROPER CAUSE?"
Over the years, the Chambers law firm has assisted those who find themselves baffled by the statutory term
"proper cause," when applying for a business related carry permit in New York City. Twenty, even ten, years
this term was defined differently than it is today
by the License Division. It seems to change with each new administration.
There was even one period where the License Division's
officers would actually state that an applicant had to "deposit at least $25,000.00 a week in cash, in order to qualify."
Around 1999-2000, it suddenly became completely impossible to figure out what it would take to
establish "proper cause" for a concealed handgun license for business/commercial/professional purposes.
Why was this?
The answer is simple: the internal policies of the Pistol License Division
seem to be to seek to issue less and less concealed handgun licenses. Everyone was now being informed that the
carry would be issued on a "case-by-case" basis. Naturally, this gives one absolutely no parameters upon which to
The interesting thing is, ALL applications have ALWAYS been decided by the Pistol
License Division upon a case-by-case basis-- this has never changed. So, what had changed?
In reality, the agenda of the License Division dramatically changed.
This is evidenced by
the vast reduction of total carry licenses in New York City-- according to reliable news sources, the total number dropped
from about 11,000 carry licenses to less than 3,000. We are convinced that may be even less than this now.
Why would this be? Why would the License Division change the internal policy to make it so difficult, if not impossible,
to procure a concealed handgun license? Because it can.
Without challenges to these arbitrary
actions--actions which have no basis in law, and which, on their face, are an abuse of discetion-- nothing changes.
Fortunately, applicants, and licensees, alike, are becoming more and more frustrated by the situation,
and seek resolution within the Courts.
As with any law firm you retain, we cannot
(and will not) make guarantees to our clients as to the likelihood of success.
We do, however, guarantee that we will decline cases which we believe could never succeed.
Although in 1993, Mr. Chambers learned a hard lesson in this regard in connection with a case he almost
declined as he was sure that it would not be successful.
case, the applicant for a handgun license had been arrested on three separate occasions. All of the arrests were for alleged
violent behavior. In connection with one of the arrests, the individual had been charged with felonious assault.
Mr. Chambers initially declined to take the case. He was convinced that the applicant would
be denied. He also believed that the NYS Supreme Court would not reverse the NYPD's action of denying the handgun license
based upon a claim that the applicant failed to show he possessed the "fitness and character" for licensure.
Mr. Chambers finally decided to take the case. Although the applicant was indeed denied by
the Pistol License Division, when the Chambers law firm mounted a lawsuit in NYS Supreme Court, the Court held that the agency
must issue this applicant his pistol permit, despite the three arrests for violent behavior.
This was a very important lesson learned.
Even with this major win, however, this has not stopped this law firm from declining cases where the chances of success are
deemed to be so slim, as to be almost impossible--particularly, where there have been issues of domestic violence, arrests
for violent behavior, or psychiatric history.
We decide whether
to accept a case on a case-by-case basis.
Keep in mind, if the
Chambers law firm does accept your case, this does not mean we guarantee success.
If the Chambers law firm does accept your case, we do guarantee that you will receive unparalleled
professional service, two decades of experience, and the services of an attorney with a litigating background unmatched in
1. An applicant is denied for "psychiatric history,"
and "failure to disclose" this history. The Chambers law firm is retained for administrative appeal and subsequent
Article 78. After fighting the matter on many fronts, including the Appellate Division, the Chambers law firm's legal strategy
is successful and the applicant's pistol permit is finally in hand.
2. A criminal attorney refers his client to Mr.
Chambers when his client's permit application for a pistol to be carried in connection with his job as a security officer
for a NYC museum is denied based upon 3 arrests, in 1998, 1999, and 2000, for sexual abuse, assault with a criminal weapon,
and trademark counterfeiting, two domestic incidents in 2001 and 2003, the moving violations on his drivers license, and a
false statement on his pistol application.
The Chambers law firm is retained, and appeals this determination. The
administrative appeal is successful, and client is issued a pistol license by the Pistol License Division, NYPD.
3. Applicant for a pistol permit is denied based upon two recent arrests, and a less than honorable discharge from the armed
forces, as well as DMV issues. Client retains the Chambers law firm in order to challenge the NYPD, Pistol License Division
in NYS Supreme Court. Case is won when a Justice of the Supreme Court agrees with the Chambers law firm, and finds that the
Pistol License Division acted without a rational basis. ******************************************
As with any legal matter, a prior result does not guarantee a similar
outcome in a future case. And, as this law firm has done throughout its existence, we DO NOT make guarantees as to outcome,
but merely put our experience, know-how, and zealousness to work for all our clients in EVERY case we accept.