New York Administrative Appeals Lawyer

Receiving a denial or revocation of your pistol or firearms license can be a distressing experience, often feeling like a permanent roadblock to exercising your rights. However, you are entitled to appeal these decisions under New York law. 

At MILTON GRUNWALD P.C., we understand the profound importance of your Second Amendment rights and are dedicated to guiding you through the intricate administrative and judicial appeal processes.

We know that a firearms license is not just a privilege; for many, it's essential for personal safety, professional needs, or the enjoyment of sporting activities. We can aggressively fight for you when that right is denied or taken away.

Call (516) 512-8972 or submit our online contact form for a free initial consultation with a New York administrative appeals attorney. We offer virtual consultations for your convenience. 

Your Right to Appeal

Upon receiving a formal notice of denial or revocation from your local police department or licensing agency, you have a right to file an administrative appeal. This initial appeal is a critical first step.

Strict Deadlines Apply

It is imperative to act swiftly. The administrative appeal must be filed within 90 days of the postmark on the envelope that verifies your receipt of the notice of denial or revocation. Crucially, some licensing agencies may require you to file a notice of intent to appeal within a shorter, specific period (for example, 30 days) before the full appeal. Failing to meet these strict deadlines can result in the forfeiture of your appeal rights.

Meeting Pre-Conditions

You must meticulously confirm that you have met all the preconditions set by the licensing agency that denied or revoked your application. This often involves addressing the specific reasons cited for the denial.

The Administrative Appeal Process

The administrative appeal is an internal review by the licensing authority. While details can vary slightly by jurisdiction within New York, the general process involves:

• Submission of written appeal. Filing a formal, written statement outlining the grounds for your appeal and addressing the reasons for denial or revocation. This statement may include any new information or evidence that supports your eligibility.
• Review by Appeals Officer/Board. The designated firearm license appeal officer or board will review your application and appeal. They generally decide an application denial based on written submissions. In the revocation of your license, they may offer a hearing before an administrative officer.
• Determination: The appeals officer will issue a final determination, either granting the appeal and directing the licensing agency to issue the license or affirming the original decision of denial by the licensing agency.

Our firm handles other proceedings as well: 

• Article 78 Proceedings. Once the licensing agency has made a final determination denying your application, you have the right to petition the Supreme Court of that New York State County to overturn the licensing agency's determination. This must be done under Article 78 of the New York CPLR within 120 days of the denial. In your petition, you must argue that the denial was not supported by substantial evidence, a rational basis, or was arbitrary and capricious.
• Appeals in the Appellate Division. Handling higher-level appeals of firearms licensing decisions in the appropriate judicial department of the New York State Appellate Division. 
• NICS denials and appeals. Assisting clients denied a firearm purchase through the National Instant Criminal Background Check System (NICS) and navigating the appeal process.