FFL 01 Denied Concealed Carry License

[Cavalier Knight]

Greetings i'm an FFL 01 who was recently denied a Carry Business License that I require for my business. As the NYPD requires FFL's to possess a Carry Business License to handle inventory. I am not able to keep inventory at my business address but I am allowed by the BATFE to keep inventory at an offsite storage location and participate within gun shows and sporting arms events in the state of New York.

Denial of the required license de facto prohibits me from handling inventory offsite or participating in gun shows or sporting arms events in the state of New York. The Second Amendment guarantees the right to acquire a firearm in commerce which protects the right to sell firearms in commerce as well. This is a constitutional violation of the core right of the second amendment. I filed an Article 78 in state supreme court which was dismissed.

Article 78 - 101556/2014 Knight v. Bratton. Please review the linked articles.

New York Law Journal Article: http://www.newyorklawjournal.com/ho...2617075062&curindex=0&slreturn=20150424013953

NY Daily News Article: http://www.nydailynews.com/new-york/appeal-shot-firearms-salesman-article-1.2233014

Summary of my case: https://www.dropbox.com/s/o2gnlzamie5airg/00.Article.78.Knight.v.Bratton.Summary.pdf?dl=0

My Article 78 Petition - Decision & Order: https://www.dropbox.com/sh/t57ps0qd7jfx0x6/AABfXFZZ569JsStMsKS98wZ2a?dl=0

 

[browncoat]

Interesting that the judge said that your claim was based on unfounded speculation with no factual evidence, when 90%+ of laws have the same basis.

 

[Cavalier Knight]

Interesting that the judge said that your claim was based on unfounded speculation with no factual evidence, when 90%+ of laws have the same basis.

Excellent point if the police know when and where every crime will be committed why is there still crime? If crime is speculation why do we even have police?

 

[Chevy 2 65]

Awww.. Corruption at it's finest. Judge is a fat pig who doesn't care or uphold any truth. What should really happen. The judge should have granted the license and then told the state, your gun laws are unconstitutional and have been struck down...I know it's not how it works, but it should.

 

[RoterTeufel]

appeal.

 

[drgrant]

I wish you the best of luck but wouldn't have it been cheaper to grease the appropriate people? Although I heard that costs about 5 figures at this point... but legal expenses can get pretty expensive, too.

-Mike

 

[CRSIII]

appeal.

Leave.

 

[the_shootist]

The question is...why are you still in NY? Take you family and business and get the **** out!

 

[jkelly1229]

It's hard to move a family. Honestly you have to ask yourself if the legal fight will be worth the payoff it's going to get expensive for you. The state will try and drag it out so you go broke. I know this won't be a popular opinion on here to fold and do something else. But you need to take a hard look at your families needs and what you can realistically afford to put your self through with time and money and stress on your family. Is this an established shop or are you opening a new one?

 

[Rob Boudrie]

You were not connected enough.

With rare exception, you are wasting the application fee in NYC unless you are very well connected or are a household name (and, as John Stossel found out, even the later can be insufficient).

 

[Cero]

Keep fighting.

 

[CRSIII]

Keep fighting.

The tide?
Efforts better spent pissing in the wind.

 

[Ringworm]

Excellent point if the police know when and where every crime will be committed why is there still crime? If crime is speculation why do we even have police?

Cuz some union douchebags insist they are still useful, when NYPD just proved how useless they truly are...

I digress. /thread

 

[Cavalier Knight]

Cavalier Knight is also a partner of the NYPD Operation Nexus:

The New York City Police Department’s Operation Nexus is a nationwide network of businesses and enterprises joined in an effort to prevent another terrorist attack against our citizens. Our detectives have conducted over 25,000 visits to firms that have joined us in this mutual effort. Members of Operation Nexus are committed to reporting suspicious business encounters that they believe may have possible links to terrorism.

NYPD Operation Nexus: https://www.nypdshield.org/public/nexus.aspx

Yet the NYPD stated: “That claim is based upon pure speculation, which is unsupported by any evidence,” the judge said.

If it's speculation explain this:

He’s thinking of a number.

Police Commissioner Bill Bratton finally gave a figure for the number of new officers he wants added to the NYPD, requesting at least 450 new police Sunday to combat what he said was an increased threat from terrorist groups like ISIS.

Bratton said he hoped to get approval for the additional officers, a number that would be a compromise between the City Council and Mayor de Blasio and “very, very quickly.”

“I'm going to put another 450 police officers – if we get the approval...into our counterterrorism operations to increase the ability of our officers to protect critical sites around the city,” Bratton said on grocery mogul John Catsimatidis’s Sunday radio show on AM 970.

http://www.nydailynews.com/new-york/bill-bratton-450-isis-fighting-cops-added-nypd-article-1.2225649

 

[Palladin]

NYC is a shithole

 

[Waher]

Stop posting on the internet

and go talk to the 2nd Amendment Foundation http://www.saf.org/ or the Institute for Justice https://www.ij.org/ for a legal game plan.

 

[Cavalier Knight]

Stop posting on the internet

and go talk to the 2nd Amendment Foundation http://www.saf.org/ or the Institute for Justice https://www.ij.org/ for a legal game plan.

Already have a game plan this stuff already occurred doesn't affect my game plan thanks. The purpose of the forum is to discuss these issues.

 

[wiryone1]

The question is...why are you still in NY? Take you family and business and get the **** out!

And kick the dust off your feet when you cross the border!

 

[Cavalier Knight]

Leaving the City doesn't help in fighting the power did Palmer, Heller or McDonald leave?

 

[free]

Get yourself a good lawyer. Who are you using now?

Thanks

 

[Cavalier Knight]

Get yourself a good lawyer. Who are you using now?

Thanks

Having discussions with the NRA-ILA

 

[free]

Who has represented you so far?

Thanks.

 

[Rob Boudrie]

The deck is so firmly stacked in NYC that the only realistic plan of attack is for the applicant to know some one, or pay an exorbitant fee to a powerful attorney to "rent his connections".

The federal courts even ruled that NYC did not infringe on the rights of a "premise permit holder" (the only kind available to unimportant people) by refusing to giving him a permit to transport his handgun to a range outside of NYC.

 

[Cavalier Knight]

My issue is a bit more complex as my constitutional right to sell firearms in commerce has been infringed. As the NYPD requires FFL 01's to possess a Carry Business License to handle inventory. I need to store inventory offsite at a location other than my business address. By withholding the license they are prohibiting me from storing inventory and going to gun shows and sporting arms events in the state of New York.

The First Amendment protects both book buyers and booksellers. Does the Second Amendment protect only people who buy guns, or does it also protect people who sell guns? Though this question has divided the federal courts, the answer is quite clear: operating a business that provides Second Amendment services is protected by the Second Amendment. District of Columbia v. Heller, 554 U.S. 570 (2008) teaches that regulation of how firearms are commercially sold enjoys a presumption of constitutionality, which does not extend to prohibitions of firearms sales.

The sale of handguns is not only legal it is constitutionally protected. The First Amendment protects truthful, non-misleading commercial speech promoting lawful products or services, but especially when the products or services are themselves protected by other constitutional rights, such as the right to abortion or the right to buy contraceptives. “[W]hat is true for unenumerated constitutional rights must be at least as true for the enumerated right to bear arms, which includes the right to possess and acquire handguns.”

My case summary: https://www.dropbox.com/s/o2gnlzamie5airg/00.Article.78.Knight.v.Bratton.Summary.pdf?dl=0

 

[free]

Whoops.

Thanks.

 

[Chevy 2 65]

The deck is so firmly stacked in NYC that the only realistic plan of attack is for the applicant to know some one, or pay an exorbitant fee to a powerful attorney to "rent his connections".

The federal courts even ruled that NYC did not infringe on the rights of a "premise permit holder" (the only kind available to unimportant people) by refusing to giving him a permit to transport his handgun to a range outside of NYC.

MERICA !!

 

[boscru]

wow--almost better to move your business to mass, conn, or jersey. can't believe i'm even saying this.

 

[wiryone1]

To the OP: I feel for you. Just reading your posts and the links you provided makes me sick. With that said, I think anyone who chooses to live in NYC is voluntarily choosing to be a tax slave. You are paying for your rights to be stripped at whim. When you live there, you are a peasant and the rulers rule over you. It is elected despotism.

 

[bigblue]

While I think it's crazy to want to live in NYC, I applaud and appreciate the audacity you have to take on the system. Like you said: Heller, MacDonald, etc. al. Stood up to be counted.

I don't have that conviction at this point in my life but I am thankful for those who do.

 

[Bonesinium]

I find it sad but not surprising how so many people suggest leaving or moving rather than fighting for rights. Both disappointing and a surefire way to allow for an expansion of infringements elsewhere.