From Casetext: Smarter Legal Research

Matter of Bernstein v. Police Department

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1981
85 A.D.2d 574 (N.Y. App. Div. 1981)

Opinion

December 22, 1981


Judgment, Supreme Court, Bronx County (Callahan, J.), entered December 2, 1980, which annulled respondent's determination denying petitioner's application for a license to carry a concealed pistol and directed the issuance of said license, unanimously reversed, on the law, without costs or disbursements, and the petition dismissed. The burden of establishing "proper cause" for the issuance of a full-carry permit (see Penal Law, § 400.00, subd 2, par [e]) is on the applicant. ( Hochreich v Codd, 68 A.D.2d 424, 426; Archibald v Codd, 59 A.D.2d 867.) The responsibility for determining whether an applicant has demonstrated proper cause is entrusted to the discretion of the licensing official ( Hochreich v Codd, supra), whose administrative determination should not be disturbed unless it is arbitrary or capricious ( Matter of Sullivan County Harness Racing Assn. v Glasser, 30 N.Y.2d 269). On this record, it is clear that respondent's determination to deny, on the basis of insufficient need, petitioner's application for a permit to carry a concealed pistol on his person was neither arbitrary nor capricious. Petitioner, a 39-year-old attorney, specializing in criminal and matrimonial law and whose practice is such that he must often carry large amounts of cash in areas "noted for criminal activity", failed to "demonstrate a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession." ( Matter of Klenosky v New York City Police Dept., 75 A.D.2d 793, affd 53 N.Y.2d 685.)

Concur — Sullivan, J.P., Ross, Markewich, Lupiano and Silverman, JJ.


Summaries of

Matter of Bernstein v. Police Department

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1981
85 A.D.2d 574 (N.Y. App. Div. 1981)
Case details for

Matter of Bernstein v. Police Department

Case Details

Full title:In the Matter of JEFF BERNSTEIN, Respondent, v. POLICE DEPARTMENT OF THE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 22, 1981

Citations

85 A.D.2d 574 (N.Y. App. Div. 1981)

Citing Cases

Bando v. Sullivan

ell settled that respondent has broad discretion as a licensing officer to determine whether "proper cause"…

Sable v. McGuire

Nor was it error for the licensing official to reject the petitioner's "high crime area" argument, the…