NYC Rules of the City of New York

§ 3-04 — Right to Appeal Following Denial of Permit.

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What is NYC RCNY § 3-04?

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If for any reason their application is denied the applicant has the right to an appeal. (a) If the applicant's original application is denied, the applicant shall receive a written "Notice of Application Disapproval" from the License Division, Rifle/Shotgun Section indicating the reason(s) for the disapproval.

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Effective: 1/5/2025Last amended: 1/5/2025

§ 3-04 Right to Appeal Following Denial of Permit.

RCNY § 3-04

If for any reason their application is denied the applicant has the right to an appeal.

(a)If the applicant's original application is denied, the applicant shall receive a written "Notice of Application Disapproval" from the License Division, Rifle/Shotgun Section indicating the reason(s) for the disapproval. If the applicant wishes to appeal the decision they shall submit a sworn written statement, which shall be known as an "Appeal of Application Disapproval," to the Director, License Division, One Police Plaza, Room 110A, New York, New York 10038 within ninety (90) 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 they are 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 applicant or her/his New York State licensed attorney shall not be accepted. Appeals submitted by an applicant's attorney must contain a sworn verification by the applicant.

(b)All timely appeals shall receive a complete review of the applicant's entire file by the Director, License Division, who shall notify the applicant of their determination. The Director, 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 applicant shall receive a "Notice of Disapproval After Appeal" letter from the Director, License Division. This notice concludes the Police Department's administrative review procedure. (Amended City Record 12/6/2024, eff. 1/5/2025)

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