§ 3-03 Grounds for Denial of Permit.
RCNY § 3-03
In addition to other bases for disqualification pursuant to federal, state, and local law and this chapter, an application for a rifle/shotgun permit may be denied where it is determined that an applicant lacks good moral character. For the purposes of this chapter, "good moral character" means having the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others. For the purposes of the preceding sentence, the use of force that is reasonably necessary to protect oneself or others shall not be construed as endangering oneself or others. Such a determination shall be made based upon consideration of the following factors: (a) The applicant has been arrested, indicted or convicted for a crime or violation except minor traffic violations, in any federal, state or local jurisdiction.
(b)The applicant has been other than “Honorably” separated from the Armed Forces of this country.
(c)The applicant has or is reasonably believed to have a disability or condition that may affect the ability to safely possess or use a rifle or shotgun, including but not limited to alcoholism, drug use or mental illness.
(d)The applicant is or has been an unlawful user of, or addicted to, a controlled substance or marijuana.
(e)The applicant made a false statement on their application, or failed to disclose their complete arrest history, including sealed arrests. Sealed arrests are made available to the License Division pursuant to Article 160 of the Criminal Procedure Law when an application has been made for a permit to possess a gun.
(f)The applicant is the subject of an order of protection, a temporary order of protection, or an extreme risk protection order.
(g)The applicant has a history of one or more incidents of domestic violence.
(h)The applicant has a poor driving history, has multiple driver license suspensions or has been declared a scofflaw by the New York State Department of Motor Vehicles.
(i)The applicant has failed to comply with federal, state or local law or with Police Department rules governing possession and use of handguns, rifles, shotguns or ammunition.
(j)The applicant has been terminated from employment under circumstances that demonstrate lack of good judgment or lack of good moral character.
(k)The applicant has demonstrated an inability to safely store firearms, such as through a history of lost/stolen firearms.
(l)The applicant has failed to pay legally required debts such as child support, taxes, fines or penalties imposed by governmental authorities.
(m)The applicant fails to cooperate with the License Division's investigation of their application or fails to provide information requested by the License Division or required by this chapter.
(n)Other information that demonstrates a lack of good moral character, including but not limited to an unwillingness to abide by the law, a lack of candor towards lawful authorities, a lack of concern for the safety of oneself and/or other persons and/or for public safety, or an inability to maintain rifle/shotgun possession in a manner that is safe to oneself or others. In evaluating incidents or circumstances pursuant to this section, the License Division shall consider all relevant factors, including but not limited to the number, recency and severity of incidents and the outcome of any judicial or administrative proceedings. (Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
