Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: Jonathan WONG, Petitioner-Appellant, v. Raymond KELLY, as Police Commissioner of the City of New York, etc., Respondent-Respondent.
Order and judgment (one paper), Supreme Court, New York County (Michael D. Stallman, J.), entered December 16, 2003, which denied the petition brought pursuant to CPLR article 78 seeking to annul respondent's denial of his rifle/shotgun application, unanimously affirmed, without costs.
We find no abuse of discretion in respondent's denial of petitioner's application for a rifle/shotgun permit, notwithstanding the fact that the requirements for obtaining such a permit are less stringent than those for obtaining a pistol license (see Nash v. Police Dept. of City of New York, 271 A.D.2d 384, 385, 708 N.Y.S.2d 61 [2000] ). Respondent carefully investigated the circumstances of petitioner's arrest history for assaultive and/or threatening behavior toward others, and this history was a sufficient basis for respondent's denial of the application (see Hauck v. Safir, 282 A.D.2d 403, 725 N.Y.S.2d 9 [2001] ). The fact that petitioner has peace officer status through his association with the Kings County Society for the Prevention of Cruelty to Children (see CPL 2.10[7], [7-a] ) does not compel a different conclusion.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: November 09, 2004
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)