NEW YORK CITY, NY FIREARM APPLICATION PROCEDURE FOR ACQUIRING AN UNRESTRICTED CONCEALED HANDGUN CARRY LICENSE

A ROAD TRIP WITH A HANDGUN: THE CASE FOR UNIVERSAL STATE CONCEALED HANDGUN CARRY RECIPROCITY

THREE: PRAGMATIC BASIS FOR UNIVERSAL STATE CONCEALED HANDGUN CARRY RECIPROCITY — A LOOK AT ACTUAL APPLICATION LICENSING PROCEDURES IN THE SEVERAL STATES

PART TWO: NEW YORK CITY, NY FIREARM APPLICATION PROCEDURE FOR ACQUIRING AN UNRESTRICTED CONCEALED HANDGUN CARRY LICENSE

THE CIRCUITOUS, TORTUOUS ROUTE TO OBTAINING MULTIPLE UNRESTRICTED CONCEALED HANDGUN LICENSES AS EXPERIENCED BY OUR INTREPID CITIZEN, MR. RIGHT.

SYNOPSIS OF PREVIOUS ARTICLE

In our previous article, we explained the process of securing a handgun license in Nassau County. We explained that Mr. Wright, a successful businessman, who lives in Nassau County, New York, had applied for a “CIVILIAN FULL CARRY LICENSE.” That was the nomenclature that the Nassau County Police Department used for an unrestricted concealed handgun carry license. But as an attorney relayed to Mr. Wright, specific information that the Nassau County Licensing Officer explained to the attorney, the Nassau County Police Department did not, in actual practice, issue NCPD “FULL CARRY LICENSES” to civilians unless those civilians happen to be judges or politicians. So, very few “CIVILIAN FULL CARRY LICENSES” are ever issued in Nassau County. That is quite an admission on the part of the Nassau County Police Department Officer. Apparently, the lives of judges and politicians are deemed more important than those of any other law-abiding resident of Nassau County. After much labor, the best that Mr. Wright could obtain for himself was a Nassau County “TARGET/HUNTING LICENSE.”

Even though Mr. Wright is a resident of Nassau County as previously mentioned, his corporate offices are not in Nassau County, Long Island, New York. His corporate offices are in New York City. Mr. Wright first sought, albeit, ultimately, unsuccessfully to obtain a concealed handgun carry license for his hometown, in Nassau County, Long Island, New York. And, he believed, logically, that once he secured the “CIVILIAN FULL CARRY LICENSE,” that license would be valid throughout the State of New York even if not valid in any other State. Simple enough, you might think. Simple enough, Mr. Wright thought. Mr. Wright was wrong in his initial assessment. As he found out, had Mr. Wright been successful in obtaining a “CIVILIAN FULL CARRY LICENSE,” that license would not be valid in New York City. Be that as it may, since Mr. Wright has his business offices in New York City and, as the manner in which he conducts business requires him often to carry substantial cash and other negotiable instruments, his life and well-being are in constant danger. Mr. Wright was determined to obtain an unrestricted concealed handgun carry license from the New York City Police Department. This time, Mr. Wright hired a professional team, consisting of, one, a professional firm that is knowledgeable about and assists individuals, such as Mr. Wright, in obtaining firearms’ firearms’ licenses and permits throughout the State and in other jurisdictions across the Country, and, two, a licensed New York attorney. With the assistance of these professionals, Mr. Wright would enhance his chances on securing an unrestricted concealed handgun carry license for himself.

THE NEW YORK CITY FIREARMS’ LICENSING PROCEDURES

Although Mr. Wright retained the services of professionals to assist him in securing an unrestricted concealed handgun carry permit, Mr. Wright, who always prides himself on being “on top of his game,” decided to learn as much as he could about the New York City firearms’ licensing procedures. So, he took a look at the New York City Police Department website.

On the far left-side of the website’s main page, there is a laundry list of menu options. The one Mr. Wright was looking for was set forth clearly enough. It was titled, “FIREARMS LICENSING.” Mr. Wright clicked on the link. Unlike Nassau County, the website did not provide a manual that Mr. Wright might download, but there were a list of menu options that explained the firearms’ licensing procedures that the New York City Police Department (“NYPD”) had established. There were five links: ONE, “THE LICENSE DIVISION;” TWO, “TYPES OF LICENSES;” THREE, “HANDGUN LICENSE CONSULTING FIRMS;” FOUR, “INSTRUCTIONS TO ALL HANDGUN LICENSE APPLICANTS;” AND, FIVE, “FEES.” Mr. Wright reviewed all the material. He would have many questions for his team of experts.

THE LICENSE DIVISION

“The License Division receives many inquiries from the public regarding the procedures involved in obtaining a permit for a handgun. Because of the serious safety concerns inherent in the possession of handguns, it is recommended that the decision to obtain a handgun license be carefully considered and that a licensee receive training in the safety and use of a handgun. Licensees must become familiar with all laws and regulations relating to handgun ownership. The following sections provide information in order to assist persons who wish to apply for a handgun license. They do not in any way imply that a license application will be approved.

The following pages have been prepared as a guide to assist you in deciding which type of handgun license may be appropriate for you. If you decide to apply for a license you must APPEAR IN PERSON at the License Division with the completed application, the documents specified in the application instructions, the application fee, and the fingerprint fee. These are the only fees you are required to pay to have your application processed. The fees may be paid by credit card or in the form of two U.S. POSTAL OR BANK-DRAWN MONEY ORDERS made payable to the New York City Police Department, CASH IS NOT ACCEPTED. Make sure that you save the receipt for your application fee given to you by the cashier. This receipt is proof of payment and contains your application number, which is required for any subsequent inquiries regarding the status of your application.

If you intend to apply for a license related to your employment, profession, or business, you may ask to speak to an application reviewer who will screen your application and documents, and will assist you in determining the type of license you appear to be eligible for. Whether or not you choose to have your application screened by a reviewer, you will have to provide the documentation specified in the application instructions at the time of application submission.

After you file your application you will be contacted for an interview and may be required to submit additional documentation. All documents will be examined and evaluated, and all factors will be considered in making the determination as to your qualification for an employment, profession, or business related license.

Regardless of the reviewer’s recommendation, you may apply for whichever type of license you choose. The screening process is merely an attempt to assist you, and does not affect the final decision regarding your application. You must be twenty-one (21) years of age to apply for a handgun license or rifle/shotgun permit.”

As Mr. Wright reviewed the extensive on-line information, he learned that the NYPD classifies handgun licenses into four categories. In the back of his mind Mr. Wright wondered why Nassau County established six categories of handgun licenses and was a little perturbed at the mind-numbing complexity and inconsistency of handgun licensing standards that existed throughout the State.

TYPES OF HANDGUN LICENSES ISSUED BY THE NYPD

PREMISES LICENSE: IS A RESTRICTED TYPE OF LICENSE. It is issued for your RESIDENCE or BUSINESS. The Licensee may possess a handgun ONLY on the premises of the address indicated on the front of the license. Licensees may also transport their handguns and ammunition in SEPARATE LOCKED CONTAINERS, DIRECTLY to and from an authorized range, or hunting location. HANDGUNS MUST BE UNLOADED while being transported.

CARRY BUSINESS LICENSE: This is an unrestricted class of license which permits the carrying of a handgun concealed on the person. It is valid for the business name, address, and handguns listed on the front of the license. It is not transferable to any other person, business, occupation, or address, without the written approval of the commanding officer, license division.

LIMITED CARRY BUSINESS LICENSE: IS A RESTRICTED TYPE OF LICENSE. The licensee may only carry handguns indicated on the license in accordance with the specific limitations listed thereon. At all other times the weapon must be safeguarded within the confines of the business address listed on the front of the license either concealed on the licensee’s person in a proper holster or stored unloaded in a locked safe.

SPECIAL CARRY LICENSE: Is valid for the business name, address and handguns listed on the front of this license, only while the licensee has in his possession a valid basic county license issued according to the provisions of article 400 of the N.Y.S. Penal law. Upon the revocation, suspension, or cancellation of the basic license, the special license is rendered void and must be immediately returned to the license division.

CARRY GUARD LICENSE: (SECURITY GUARDS, ETC.) Applications for this type of license must be made with the documentation provided by a company’s Gun Custodian. It is issued only for the handgun listed on the license. The handgun may be carried only while the licensee is actively engaged in employment for the company whose name appears on the license, and/or while licensee is in transit directly to or from residence and place of employment. At all other times the handgun must be stored unloaded in a locked container, at either the address on the license, or at the employee’s legal residence (within the State of New York).

Mr. Wright determined that he must obtain an “unrestricted” handgun license if he were to be able to adequately defend his life. The NYPD referred to this type of license as a “CARRY BUSINESS LICENSE.”
Mr. Wright relied on his team of experts to assist him. He made it very clear to his this team of experts that he must obtain an unrestricted, concealed handgun carry permit and they were to assist him to that end.

Mr. Wright first had to gather information that was required of all applicants, as set forth in the “HANDGUN LICENSING INFORMATION” material. This was set forth cogently and comprehensively on the NYPD website under the heading:

INSTRUCTIONS TO ALL HANDGUN LICENSE APPLICANTS

The application form MUST be typewritten and signed by you. Only the original application form will be accepted. DO NOT SEND A PHOTOCOPY. The application form must be completely filled out and presented by you personally at the License Division. At the time you submit your application, you must furnish the items listed below that are applicable to you. All documents, certificates, licenses, etc., must be submitted in the original. (A copy certified by the issuing agency as true and complete is also acceptable). In addition, a legible photocopy of each item submitted must accompany the original or certified copy. Originals and certified copies will be returned. Your application will not be accepted without the required documents.

1. Photographs: Two (2) passport size color photographs of you taken within the past thirty (30) days are required. They should show you from the chest up. The wearing of any article of clothing or adornment that obscures identification is not permitted.

2. Birth Certificate: In lieu of your birth certificate, some other proof of your birth date, e.g., a military record, U.S. passport or baptismal certificate must be submitted. You must be twenty-one (21) years of age to apply for a handgun license or rifle/shotgun permit.

3. Proof of Citizenship/Alien Registration: If you were born outside the United States, you must submit your naturalization papers or evidence of citizenship if derived from your parents. All other applicants born outside the United States must submit their Alien Registration Card. If you have lived in this country less than 7 years you must submit a good conduct certificate, or equivalent, from your country of origin and two (2) letters of reference that certify to your good character.

4. Military Discharge: If you served in the armed forces of the United States, you must submit your separation papers (DD 214) and your discharge.

5. Proof of Residence: You must submit proof of your present address. Proof may consist of, but is not limited to, a real estate tax bill, ownership shares in a cooperative or condominium, or a lease. You may also be requested to supply further documentation i.e., a New York State Driver’s License, a New York State Income Tax Return, or a current utility bill.

6. Arrest Information: If you were ever arrested, indicted or summonsed for any reason, other than a parking violation, you must answer “Yes” to question #23 on the handgun license application and submit a certificate of disposition showing the offense and disposition. Also, you must submit a detailed, notarized statement describing the circumstances surrounding each arrest or summons. YOU MUST DO THIS EVEN IF: the case was dismissed, the record was sealed or the case was nullified by operation of law. The New York State Division of Criminal Justice Services will report to us every instance involving the criminal prosecution of an applicant. DO NOT rely on anyone’s representation that you need not list a previous arrest or summons.

If you were ever convicted or pled guilty to a felony offense or a serious offense, as defined in Penal Law Section 265.00(17), an original Certificate of Relief of Disabilities, must be submitted.

6a. Order of Protection: If you have ever had an Order of Protection issued against you, or issued on your behalf against anyone, you must list the following information: Court of Issuance, Date of Issuance, Complainant’s name, address and phone number, Complainant’s relationship to you, and reason for issuance of Order of Protection.

7. Proof of Business Ownership: If you are making application for a carry or premises license for use in connection with a business, you must submit proof of ownership for that business. Such proof must clearly state the names of the owner(s), or, if a corporation, the names of the corporate officers. A Corporation must submit its corporate book to include filing receipt, certificate of incorporation and minutes of the corporate meeting reflecting current corporate officers; others must provide their business certificate or partnership agreement, whichever is applicable. If the business requires a license or permit from any government agency, e.g., alcohol or firearms sales, gunsmith, private investigation and guard agencies, you must submit the license or permit or a certified copy thereof. You must also submit proof of address for the business. Proof may consist of a utility bill, not more than 60 days old, in the name of the business or a lease in the name of the business.

8. Letter of Necessity: All applicants for a carry license and those seeking a premises license for use in connection with their employment MUST complete the Letter of Necessity found on page 3 of the application. NO SUBSTITUTES WILL BE ACCEPTED.

9. Social Security Card: All persons filing applications must bring their original Social Security cards with them to the License Division when applying for a license.”

Mr. Wright then reviewed the last section, titled, aptly and succinctly enough:

FEES

“The application fee is $340.00.

Please note that effective March 19, 2012, the fingerprint fee is $91.50 for all applicants.
Due to a decrease in the charge for FBI electronic civil fingerprint submissions, the fee for fingerprints will be $89.75 effective February 1, 2015.

These fees may be paid by credit card or by two separate money orders made payable to the New York City Police Department.

ALL FEES ARE NON-REFUNDABLE

If you have any questions concerning your application, please call (646) 610-5560. Applications must submitted in person at the License Division, 1 Police Plaza, Room 110, or the Rifle and Shotgun Section, 120-55 Queens Boulevard, Room B-11, Kew Gardens, NY. You may submit your application between the hours of 8:30 a.m. until 4:00 p.m., Monday through Friday. It takes approximately 45 minutes to process an application. Please arrive early enough to complete the application process by closing time.

Mr. Wright was not deterred by the fees although, as a strong supporter of the Bill of Rights in general and of the Second Amendment in particular, he was more than a little annoyed at the fact that he had to pay fees to the New York City Police Department in order to be able to exercise a basic right, guaranteed to him under the U.S. Constitution. And, Mr. Wright was aware that many New York residents are not wealthy by any means, and the expenditure of over $400.00 to acquire a license – expenses apart from the cost of a firearm itself and other assorted items – could very well preclude many law-abiding New York residents from exercising what the Founders of the Republic insisted to be a fundamental right. Indeed, when one factors in the cost of a semi-automatic handgun, as produced by a respectable manufacturer, and the costs of a quality holster, ammunition, trigger-lock, gun box or gun safety cabinet, cleaning kit, membership at a gun range, and NRA gun safety training course, the cost of NYPD filing fees is, in fact, a very small, although not insignificant, portion of the entire monetary outlay.

And, in Mr. Wright’s case, since he was intent on securing an unrestricted business carry license – that is extremely difficult to obtain, necessitating the services of attorneys and other specialists – Mr. Wright was well aware that he would have to spend thousands of dollars on professional fees if he were to have a reasonable chance of obtaining his much sought-after unrestricted New York City “CARRY BUSINESS LICENSE.”

Many New York residents learn to their dismay, after much time, money, and effort expended to obtain a license – even a basic “PREMISES LICENSE” – that no handgun license will be issued if, as determined by the License Division of the NYPD, there is any blemish on a person’s record. And, filing fees are not refundable. And, if that is the case, and if a person is intent on obtaining a handgun license, then even the less well-heeled New York resident realizes that he or she will need to secure the services of professionals to handle the administrative and judicial appeals – time-consuming and costly processes and ordeals in their own right.

Mr. Wright was less vexed by the monetary outlay – substantial though it was – than he was exasperated by the sheer volume of documentation that he had to gather together and provide the NYPD since acquisition of a “CARRY BUSINESS LICENSE” requires the amassing of substantial documentation about Mr. Wright’s business – an inordinate amount of documentation, far beyond the documentation required of an applicant who seeks to secure or who might only be able to secure a restricted, “PREMISES LICENSE.” And, Mr. Wright was not pleased that massive amounts of proprietary business information would now fall outside his control and purview. He had to trust the NYPD to keep his information secure.

THE MATERIAL THAT MR. WRIGHT NEEDED TO AMASS AND TO DELIVER TO THE NYPD

Mr. Wright downloaded the application form that was provided on the NYPD website. There were the usual questions he had seen before when he completed the Nassau County Police Department handgun license application. There were questions pertaining to military service, questions pertaining to use of narcotics, questions pertaining to arrest record, mental health, and whether the applicant had ever suffered from a disability that might affect one’s ability to handle a handgun. In particular the NYPD handgun application required the applicant to state affirmatively whether the applicant suffers from epilepsy, diabetes, fainting spells, blackouts, loss of memory, or any nervous disorder. And, recently, the NYPD application has added a new category – apparently operating as a disqualification for issuance of a handgun license – involving orders of protection and there were several questions related to the issue of domestic disturbance and domestic violence. Mr. Wright, fortunately, was able, honestly, to respond in the negative to any question that might operate as a basis for disqualification for any kind of handgun license. But, there was more, much more, to the application process.

Mr. Wright came to a section of the Application, titled, “ADDITIONAL INSTRUCTIONS FOR CARRY LICENSE APPLICANTS,” sub-titled, “LETTER OF NECESSITY.” This section was targeted to those applicants, who, like Mr. Wright, were applying specifically for a concealed handgun carry license. The first question set forth, “All applicants for a carry license for use in connection with a business or profession must answer the following questions in the space provided. If additional space is necessary continue your letter on reverse side. In ALL CASES the form provided must be used.” The applicant for a concealed handgun carry license, whether for a restricted or unrestricted carry license has to set forth, “a detailed description of the applicant’s employment and an explanation of why the employment requires the carrying of a concealed handgun.” Now this question is tricky. What the NYPD is looking for – although the rationale for a carry license is unstated – is whether the applicant for a concealed handgun license can distinguish himself or herself from others. But, only experienced experts would know this. In other words, apart from the fact that any individual can be assaulted at any time and in any place, Mr. Wright had to explain, to the satisfaction of the Licensing Officer, why Mr. Wright felt that his life and well-being were more likely to be jeopardized on any given day that was the life of any other New York resident – and, more to the point, Mr. Wright had to explain why he felt that he was more exposed to danger from assault or robbery than any other New York businessman.

Mr. Wright’s team of experts knew that, as a necessary condition for the issuance of a concealed handgun carry license, Mr. Wright would have to demonstrate to the satisfaction of the NYPD License Division Officer, that he can adequately distinguish himself from the countless others who do business in New York. This translates into the manner in which Mr. Wright conducts his business. Now, the nature of Mr. Wright’s business requires him to collect, carry, and transport substantial sums of money and other negotiable instruments throughout the City of New York and to and from banks. Doing so places his life in jeopardy in an uncommon way, as he is a tempting target for robbery – no less so than is the case for those private security individuals who work for companies that collect, transport, guard, and deliver cash to and from businesses. This fact, Mr. Wright had to make poignantly clear to the NYPD License Division Officer who would be reviewing his application for a “CARRY BUSINESS LICENSE.” Mr. Wright’s team of experts would assist him in drafting the “LETTER OF NECESSITY.”

Lastly, the application for a concealed handgun carry license required Mr. Wright to provide recent sales tax reports and Federal and New York State Tax returns for the previous year, and daily bank deposit slips and corresponding bank statements for the preceding six months from the date set for an interview with an NYPD License Division Officer. In addition, Mr. Wright also had to provide payroll information and employee withholding taxes; Mr. Wright’s Company workers’ compensation policy; and, as well, Mr. Wright had to provide valid local, State and federal licenses, permits, and certificates that were required in order to conduct business.

Given the sheer volume of information that Mr. Wright had to compile, collate, and copy for the NYPD License Division Officer who would be conducting the interview and assessing the merits of his application for a “CARRY BUSINESS LICENSE,” Mr. Wright realized that the task of obtaining that license was a major business project in its own right, requiring Mr. Wright to expend an inordinate amount of time, money, and energy that might have been better spent on the running of a huge business enterprise. Mr. Wright could and did delegate some of the work in gathering together the necessary documentation to trusted people inside his Company. But, Mr. Wright had to coordinate what became a massive undertaking effort and he had to ascertain that all necessary documentation was gathered, copied, and collated so that no documentation was missing once he met with the NYPD License Division Officer. And, throughout this massive undertaking, Mr. Wright was guided constantly by his team of experts.

Once all the documentation that the NYPD License Division Officer required had been compiled, and a date had been set for the interview, Mr. Wright had to cart that documentation over to the NYPD. And, that, itself, was no easy task, as the documentation would easily fill a few large filing cabinets. Mr. Wright’s team of experts warned Mr. Wright that the NYPD License Division Officer, in his sole discretion, might require yet other documentation in support of his application for a concealed handgun carry license. So, Mr. Wright could never be certain that the information required of him, as set forth in the application forms, would be sufficient. As it turned out, the NYPD License Division Officer, who was conducting the interview, pointed out to Mr. Wright that he would need to see Mr. Wright’s corporate books. So, Mr. Wright had to make arrangements to meet with the Officer once again to provide the necessary corporate books for the Officer to review.

At the end of the day the sum total of proprietary information that Mr. Wright was required to produce at the request of the NYPD License Division Officer was not unlike the vast reams of information attorneys might request of each other when undertaking discovery on behalf of their respective clients in a complex legal case.

Approximately, six months from the date that Mr. Wright first sought to obtain an unrestricted, “CARRY BUSINESS LICENSE,” Mr. Wright was issued his much sought after “CARRY BUSINESS LICENSE.” Mr. Wright was contacted by the License Division. And, he would have to come down to the License Division to obtain his license. New York Police Department policy required Mr. Wright to personally arrive at the License Division within 30 days of notification that his “CARRY BUSINESS LICENSE” was available. Failure to pick up his license within the 30 day window would result in automatic cancellation of his license. To the best of our knowledge and belief that 30 day window to pick up one’s license is still in effect. After Mr. Wright picked up his license, he was told that he has thirty days, counting from the date that he received his license in hand, to purchase a handgun. And, the purchase of a handgun must be made through a licensed New York dealer of firearms or, otherwise, by some other party through special instructions from the License Division. The “CARRY BUSINESS LICENSE,” constituted a “NOTICE OF APPROVAL” to purchase one handgun Once Mr. Wright purchased his handgun, he had 72 hours from the point in time that he made his purchase to, once again, travel to the main headquarters of the NYPD, at One Police Plaza, where he had first met with an  License Division Officer, to have the gun inspected. Mr. Wright could not carry that handgun on his person. Because, at this point in time, he still did not have authorization to carry a handgun on his person, concealed or open. But, he had to bring the handgun down to One Police Plaza, unloaded, in a locked box, without ammunition on his person, and the handgun had to be equipped with trigger-locking device. The NYPD licensing officer would then inspect the handgun and the make, model, type, caliber, and serial number would all be recorded on the license. Mr. Wright was aware that the “CARRY BUSINESS LICENSE” is not Mr. Wright’s by right, but only by privilege, granted to him by the NYPD, and therefore revocable by the NYPD at any time. In fact, language on the “CARRY BUSINESS LICENSE” itself makes this point poignantly clear: “This license is revocable at any time. Upon demand of a police officer, a licensee must immediately surrender his/her license and handguns. Lost, stolen, confiscated, or surrendered handguns must be reported to the License Division immediately at 646-610-5560 or 646-610-5154.” As a holder of an unrestricted, “CARRY BUSINESS LICENSE,” Mr. Wright might possibly possess, but at the sole discretion of the NYPD, a second handgun. If the NYPD permitted Mr. Wright to possess a second handgun, he would, once again, have to travel to One Police Plaza to obtain, from the License Division, a “PURCHASE AUTHORIZATION FORM,” setting forth the make, model, type, and caliber of the handgun that he wished to purchase and possess. And, once again, after Mr. Wright obtained that second firearm, he would have to return to One Police Plaza to have the handgun inspected. He would have to be very careful that, once again, as well, the handgun was secured in a locked-box, sans ammunition and he must not have ammunition anywhere on his person, and the handgun must also be secured with a trigger lock. Details concerning the make, model, type, caliber, and serial number would all be duly recorded on the carry license.

For those New York residents who hold a valid, “LIMITED CARRY BUSINESS LICENSE,” only one handgun is permitted on the license. That is not to mean that a holder of either an unrestricted, “CARRY BUSINESS LICENSE,” or holder of a restricted, “LIMITED CARRY BUSINESS LICENSE,” cannot lawfully possess other handguns. But, such other handguns that a licensee might happen to possess would have to be listed on another handgun license. For example, if Mr. Wright sought to obtain one or two additional handguns, other than those two listed on his license, he would have to secure another type of New York handgun license, namely and specifically, a “PREMISES LICENSE.” And any additional handguns that Mr. Wright happened to own and possess could not lawfully be used for concealed carry. those handguns and only those handguns that appear on Mr. Wright’s “CARRY BUSINESS LICENSE” may be lawfully carried concealed in public, for the purpose for which the license was issued. If Mr. Wright happened to carry a handgun that was not specifically listed on his license, Mr. Wright’s license would be summarily revoked and he would likely face criminal charges, as well, for unlawful possession of a firearm. Also, even if Mr. Wright has two handguns listed on his “CARRY BUSINESS LICENSE,” he is only permitted to carry one of them at a time. He cannot legally carry both handguns. This limitation does not, of course, apply to current, active-duty NYPD Officers, who are governed by NYPD policy affecting active-duty NYPD Officers and not by License Division policy that affects civilian handgun licensees.

With his license in hand, Mr. Wright then went to a New York licensed gun dealer and purchased his handgun, trigger lock, ammunition, and other handgun accessories. Mr. Wright was also aware that his handgun license would have to be renewed every three years; that he was responsible for the renewal of his license every three years; and that the process was not automatic. He would have to prove, to the satisfaction of the NYPD License Division Officer, that he has a continued need for a “CARRY BUSINESS LICENSE,” and this would necessitate the submission of documentation similar to what he had to submit during the initial application. Nothing can change in regard to Mr. Wright’s business. In fact, if the NYPD License Division Officer determined that the nature of Mr. Wright’s business had changed, to the extent that Mr. Wright’s “LETTER OF NECESSITY” no longer supported his singular need for a “CARRY BUSINESS LICENSE,” then that license would be cancelled. Moreover, the onus on maintaining his license was on Mr. Wright, himself. If Mr. Wright did not timely renew his “CARRY BUSINESS LICENSE,” the license would be automatically cancelled, and then revoked. And the renewal fee was not insignificant. It is $340.00, valid for three years. Mr. Wright kept his team of experts employed for the specific purpose of making sure that his “CARRY BUSINESS LICENSE” would not be cancelled for failure to timely renew.

PARENTHETICAL NOTE CONCERNING APPLICATIONS FOR HANDGUN LICENSES IN NEW YORK CITY

Today, unlike the period of time when Mr. Wright applied for and obtained his NYPD issued “CARRY BUSINESS LICENSE,” the NYPD License Division doesn’t issue an unrestricted concealed carry license immediately. Instead, the License Division issues only a “LIMITED CARRY BUSINESS LICENSE.” This is a restricted license that allows the licensee to carry a handgun concealed only at particular times and on specific days. The issuance of a restricted “LIMITED CARRY BUSINESS LICENSE” in lieu of issuance of an unrestricted FULL “CARRY BUSINESS LICENSE” is, of late, a matter of policy. It appears that the creation of the “LIMITED CARRY BUSINESS LICENSE” by the NYPD is a manifestation of the desire by politicians to curtail civilian ownership and possession of concealed handgun carry licenses to the extent possible. Clearly, in the running of a business that requires a proprietor to carry substantial sums of money or other negotiable instruments, circumstances may require that proprietor to transport negotiable instruments on days and at times other than those listed on the “LIMITED CARRY BUSINESS LICENSE.” Be that as it may, that proprietor is not permitted to carry his handgun on his person.

Currently, the NYPD policy will issue, during the initial application for a concealed handgun carry license, only limited “LIMITED CARRY BUSINESS LICENSES,” assuming a businessman is qualified to possess a firearm at all and assuming, too, that the businessman can distinguish himself or herself, in the “LETTER OF NECESSITY,” from other businessmen who do not have handguns accessible to them for self-defense. Through time the NYPD License Division will consider the issuance of a FULL “CARRY BUSINESS LICENSE,” assuming the licensee’s stated “LETTER OF NECESSITY” has not changed and to the extent that the licensee has demonstrated responsible handling and safeguarding of the licensee’s handgun and to the extent that the licensee has shown that he or she has successfully completed a certified handgun safety training course. In other words, the licensee must demonstrably establish a track record of proven ability and responsibility in the safe handling and safeguarding of a handgun, consistent with continuous proof of need for a handgun.

Curiously, in many other States that issue concealed handgun carry licenses — and they don’t create odd distinctions between restricted and unrestricted “full carry” handgun licenses — the applicant must take and pass a certified handgun safety training course before the issuance of a concealed handgun carry license. That isn’t the case in New York. First, one has to have an unblemished record – free of any arrest record or mental health issue and that person must show that he or she is not subject to a protective order – and, second, the applicant must show especial need for the issuance of a concealed handgun carry license that sets that businessman apart from other New York business people, as explained supra, and third, the applicant must provide voluminous documentation to support the claim of especial need, which means exposing massive amounts of proprietary information to the police.

FURTHER TO MR. WRIGHT’S EXPERIENCES IN APPLYING FOR AND OBTAINING CONCEALED HANDGUN CARRY LICENSES

This is not the end of the story. It is just the beginning. Since Mr. Wright does business throughout the Country, he realized that the time, money, energy spent on securing a New York City “CARRY BUSINESS LICENSE” would be of little value in most other States. Thus, the effort expended to obtain the two licenses that he now had – a “TARGET/HUNTING LICENSE” issued by the Nassau County Police Department, and the “CARRY BUSINESS LICENSE” issued by the New York City Police Department, would be of no value to him in virtually any other State he happened to travel to and through as he conducted business. Mr. Wright would need to obtain concealed a handgun carry licenses in virtually every other State he did business in if he were to best protect his life and well-being.

Mr. Wright’s journey through the Labyrinthine quagmire of State concealed handgun carry licensing would never be an easy one.

In the next installment we discuss the application procedure for obtaining an unrestricted concealed handgun carry license as issued by the police authority for the State of Maine.