§ 5-10 Grounds for Denial of Handgun License.
RCNY § 5-10
In addition to other bases for disqualification pursuant to federal, state, and local law and this chapter, an application for a handgun license may be denied where it is determined that an applicant lacks good moral character, pursuant to New York State Penal Law § 400.00 (1). 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. 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 handgun, 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 license 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 firearms, 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 including but not limited to 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 the 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, and/or an inability to maintain handgun possession in a manner that is safe to oneself or others. (Amended City Record 12/16/2022, eff. 12/16/2022; amended City Record 12/6/2024, eff. 1/5/2025)
