Petitioner was denied a pistol permit and filed suit. Carol S. Klein was an acting Suprme Court Judge in Orange County, New York.  The Appellate Division, Second Department affirmed Judge Klein’s decision to uphold the pistol licensing officer’s decision to deny the applicant a permit.

Penal Law sect 400(1) sets forth the eligiblity requirements for a pistol license. They included being more than 21 years; no felony or serious crime convictions; not having a license revoked; and being a person who has no good cause existing for denial of the license.

The standard of review is whether the licensing officer’s decision was arbitrary and capricious. In this case it was not due to applicant’s criminal history and other issues found by the licensing officer.

Read about this Article 78 for a pistol licenses denial here.

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