N.Y. Comp. Codes R. & Regs. tit. 22 § 148.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 148.5 - Report and determination

(a) The hearing officer shall issue a written report which shall include a recommendation on whether a certificate of relief from Federal firearms disabilities should be issued. The report shall provide the basis for the recommendation, including whether the person to whom the certificate is to be issued is an eligible individual who will not be likely to act in a manner dangerous to public safety, and whether the relief to be granted by the certificate is contrary to the public interest.

(b) The administrative judge, upon considering the report of the hearing officer, shall determine whether to issue the certificate of relief from Federal firearms disabilities. Where the application is granted, the administrative law judge shall notify the Division of Criminal Justice Services that the person to whom the certificate was issued should be removed from the database that the Federal and State government maintains and uses in connection with the National Instant Criminal Background Check System. Where the application is denied, the judge shall advise the petitioner of the right to appeal the determination.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 148.5