Christopher A. Foster, Petitioner, v. NYPD LICENSE DIVISION (2026)

On March 28, 2023, petitioner Christopher Foster submitted an application to the New York Police Department License Division ("License Division") for a concealed carry handgun license. After the application was disapproved on April 24, 2024 (see Resp. Ex. 9), petitioner appealed to the License Division. The License Division issued a Notice of Disapproval After Appeal dated July 8, 2024, setting out the reasons for its determination on appeal ("July 2024 Decision") (see Pet Ex. A).

Petitioner now brings this Article 78 proceeding seeking judicial review of the July 2024 Decision denying his administrative appeal. Petitioner claims that the decision was not supported by factual evidence and was an abuse of discretion. Respondent opposes.

DISCUSSION

"In reviewing an administrative agency determination, [courts] must ascertain whether there is a rational basis for the action in question or whether it is arbitrary and capricious" (Peckham v Calogero, 12 NY3d 424, 431 [2009][citation omitted]; CPLR 7803[3]). "An action is arbitrary and capricious when it is taken without sound basis in reason or regard to the facts" (id.). "If the determination has a rational basis, it will be sustained, even if a different result would not be unreasonable" (LL 410 East 78th Street LLC v Division of Housing and Community Renewal, 44 NY3d 232, 237 [2025]).

New York Penal Law § 400.00(1)(b) provides that a handgun license shall not be issued except for an applicant "of good moral character, which, for the purposes of this article, shall mean having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others." Title 38 of the Rules of the City of New York § 5-10 articulates factors that the License Division may consider in assessing "good moral character," including, among other things, information that demonstrates an applicant's lack of concern for the safety of oneself, other persons and/or public safety (see 38 RCNY § 5-10 [n]). Furthermore, criminal proceedings sealed pursuant to CPL 160.50 are accessible "to any state or local officer or agency with responsibility for the issuance of licenses to possess guns, when the accused has made application for such a license" (CPL 160.50 [1][d][iii]).

Upon review of the parties' arguments, the Court finds there is a rational basis for the License Division's disapproval of Petitioner's license application. The License Division properly considered, among other things, Petitioner's 2018 arrest which resulted in charges against him for burglary, robbery, criminal possession of a weapon, and the related allegations contained in the arrest report; and Petitioner's most recent arrest in October 2023 resulting in a robbery charge allegedly involving a physical altercation. To the extent the charges against Petitioner did not lead to a conviction, the License Division was not precluded from considering the underlying circumstances surrounding those arrests in rendering a determination on Petitioner's license application and appeal (see Ward v New York Police Dept. Headquarters License Division, 220 AD3d 456 [1st Dept. 2023], lv denied, appeal dismissed 41 NY3d 1013 [2024], cert denied 145 S.Ct. 1080 [2025]; Sanicola v City of New York, 224 AD3d 578, 579 [1st Dept 2024], lv denied 42 NY3d 902 [2024]; Tate v O'Neill, 187 AD3d 684, 685 [1st Dept 2020]).

For the foregoing reasons, it is hereby

ORDERED that the petition is DENIED.

This constitutes the decision and order of the Court.

Dated: 8/12/26

Ashlee Crawford, J.