§ 2-04 Original Applications and Renewals.
RCNY § 2-04
(a)All applications, renewals, requests for information and inquiries by an organization pursuant to these Regulations shall be made to the Rifle/Shotgun Section, License Division, New York City Police Department, 120-55 Queens Blvd., Kew Gardens, N.Y. 11424, (718) 520-9300. The Rifle/Shotgun Section shall prescribe and enforce the manner in which an organization may be registered to possess rifles and shotguns.
(b)A letter prepared on the letterhead of the organization shall accompany the official application. In addition to a request to be designated an organization to possess rifles and shotguns, this letter shall set forth: (1) the names of the custodian and alternate custodian; (2) the manner in which the rifles and shotguns shall be secured when not in use. The applicant shall also submit two (2) color photographs each of the designated custodian and alternate custodian, size 1 1/2 × 1 1/2 inches, taken within the past thirty (30) days, front view from the chest up, with the application.
(c)During the pendency of the application, the applicant shall notify the Rifle/Shotgun Section of any necessary correction to or modification of the information provided in the original application, or any change in her/his status or circumstances, which may be relevant to the application.
(d)If the application is disapproved the organization shall receive a written "Notice of Application Disapproval" from the Rifle/Shotgun Section indicating the reason(s) for the disapproval. If the organization wishes to appeal the decision it shall submit a sworn written statement, which shall be known as an "Appeal of Application Disapproval," to the Division Head, License Division, One Police Plaza, Room 110A, New York, New York 10038 within thirty (30) calendar days of the date on the "Notice of Application Disapproval" requesting an appeal of the denial, and setting forth the reasons supporting the appeal. The Appeal of Application Disapproval shall become part of the application. It shall state the grounds for the appeal and shall contain the following statement to be signed by the applicant and notarized: "Under penalty of perjury, deponent being duly sworn, says that s/he is familiar with all of the statements contained herein and that each of these statements is true, and no pertinent facts have been omitted." Appeals that are unsworn by the applicant or submitted by individuals or business entities other than the organization or its New York State licensed attorney shall not be accepted. All timely appeals shall receive a complete review of the applicant's entire file by the Division Head, License Division, who shall notify the organization of her/his determination. The Division Head, License Division shall not consider any documentation that was not submitted during the initial background investigation. There shall be no personal interviews to discuss appeals. If the appeal of the disapproval is denied, the organization shall receive a "Notice of Disapproval After Appeal" letter from the Division Head, License Division. This notice concludes the Police Department's administrative review procedure.
(e)An organization registration certificate shall expire on the last day of the third December after the date of issue and may be renewed every three (3) years thereafter. A renewal application shall be forwarded to the organization at least thirty (30) calendar days prior to the expiration date. If the renewal application is not received in a timely manner, the custodian or alternate custodian shall so notify the Rifle/Shotgun Section by telephone. Certificates may be renewed under the same conditions as original issuance. An application for issuance or renewal of a certificate may be disapproved if a false statement is made therein. All organizations shall be held responsible for renewing a certificate upon expiration. Failure to renew a registration prior to its expiration date shall result in its cancellation.
(f)An organization registration certificate issued shall be valid only for the organization, custodian and alternate custodian mentioned and described in the certificate. A certificate shall not be transferable to another organization. The certificate and all rifles and shotguns possessed by an organization shall be available for inspection by members of the New York City Police Department. Failure by any organization to so exhibit a registration certificate shall be presumptive evidence that it is not duly registered.
(g)All organizations shall abide by the laws, rules, standards, and procedures promulgated by federal, state and local jurisdictions and law enforcement agencies applicable to the organization. A violation thereof is cause for suspension or revocation of a registration certificate issued by the Rifle/Shotgun Section. Upon suspension or revocation of a registration certificate, the custodian or alternate custodian shall deposit all rifles/shotguns in the organization's possession with her/his local police precinct and forward a copy of the voucher together with the registration certificate to the Rifle/Shotgun Section, 120-55 Queens Boulevard, Kew Gardens, N.Y. 11424, Room B-11. Her/his failure to comply within ten (10) calendar days from the date of suspension or revocation may result in arrest or other action by the Police Department.
(h)An organization registration certificate may be revoked or suspended by the Rifle/Shotgun Section for good cause by the issuance of a Notice of Determination Letter to the organization, which shall state in brief the grounds for the suspension or revocation and notify the organization of the opportunity for a hearing.
(i)Upon issuance of a written Notice of Determination Letter from the Rifle/Shotgun Section notifying the organization of suspension or revocation of a registration certificate by the Rifle/Shotgun Section, the organization shall have thirty (30) calendar days from the date of the notice to submit a written request for a hearing to the Commanding Officer, License Division, One Police Plaza, Room 110A, New York, New York 10038.
