Article 78 Proceedings for NYC Gun License Denials

The NYPD License Division denies applications for various reasons, some more defensible than others. Common reasons cited include questions about good moral character, prior arrests or criminal history (even without a conviction), mental-health-related concerns, domestic incidents, or application deficiencies. Licenses may also be denied for other good cause under state and city law.

Receiving a denial letter from the NYPD License Division can be frustrating, especially after investing time and money into your pistol license or rifle/shotgun permit application. Whether you’re a first-time applicant or seeking to renew an existing license, a denial doesn’t have to mean you’re out of options.

New York law provides a specific legal remedy for applicants who believe their denial was unjustified: an Article 78 proceeding in the New York State Supreme Court. Let’s walk through everything you need to know about Article 78 and when it’s time to seek legal counsel.

What Is an Article 78 Proceeding?

Article 78 of New York’s Civil Practice Law and Rules establishes a special type of legal action designed specifically to challenge decisions made by state and local administrative agencies. It’s a special court proceeding that lets a judge review a government decision on specific grounds (for example, whether it was arbitrary or unlawful). It isn’t a standard ‘appeal,’ but a focused judicial review.

Courts generally ask whether the decision was arbitrary or capricious or affected by an error of law. If a statute requires a hearing and factual findings, the question can become whether the decision is supported by substantial evidence (handled through a transfer to the Appellate Division).

Filing an Article 78 is not the same as submitting a new application. You’re not starting over or asking the NYPD to reconsider your case internally. Instead, you’re asking a judge to review the administrative record and determine whether the denial violated your rights or lacked proper legal justification.

The Legal Standard

When you file an Article 78 petition, you bear the burden of proving that the NYPD’s decision was legally deficient. Specifically, you must demonstrate that the denial either lacked a rational basis in fact or law or violated your due process rights. This can be challenging because New York courts typically give deference to administrative agencies, recognizing their expertise in their respective areas.

However, this deference is not absolute. Courts will overturn denials when the agency’s decision is not supported by substantial evidence in the record, when it applies the wrong legal standard, when it relies on improper factors, or when it fails to follow required procedures.

Outcomes turn on the full record. Agencies may consider underlying conduct and credibility issues even without a conviction; a denial based only on unsupported information may be vulnerable, but courts frequently uphold denials where the record supports concerns about character or honesty.

Successful Article 78 petitions often involve cases where the applicant can show that the stated reason for denial doesn’t align with the facts, where the NYPD misapplied relevant law or policy, or where the applicant was denied without a meaningful opportunity to address the concerns raised. While every case is unique, the key is demonstrating that the decision-making process or outcome was fundamentally unfair or unsupported.

Filing the Article 78 Petition

File in the New York State Supreme Court. Venue is often New York County for NYPD matters, but CPLR § 506(b) allows filing in certain other counties within the judicial district depending on where the determination or material events occurred.

You generally have four months from when the denial becomes final and binding and you’re notified of it. Don’t wait—courts strictly enforce this deadline. Attach the denial and supporting exhibits you have. The agency must file the certified administrative record with its answer.

Preparing and filing an Article 78 petition requires knowledge of both firearms licensing law and administrative procedure. The documents must comply with specific formatting requirements, and the legal arguments must be carefully crafted to address the applicable standards of review. This is not a form you can simply fill out online—it requires thoughtful legal analysis and persuasive writing.

Possible Outcomes

When a court rules on an Article 78 petition challenging a gun license denial, several outcomes are possible. Courts often annul and remand for a new decision under the correct standard. In rarer cases—when the record compels only one lawful result—the court may direct issuance.

In some cases, the court will uphold the denial, finding that the NYPD acted within its discretion and had adequate grounds for its decision. Even then, the process of litigating an Article 78 petition can clarify the specific deficiencies in your application, positioning you to address those issues if you choose to reapply in the future.

Additionally, Article 78 proceedings sometimes result in negotiated resolutions. Faced with litigation, the NYPD may agree to reconsider your application or offer a conditional approval that addresses their stated concerns. While not guaranteed, these settlements can provide a faster path to licensure than waiting for a court decision.

How Our Law Firm Can Help

At our firm, we understand the complexities of New York’s firearms licensing system and the nuances of Article 78 litigation. When you come to us with a denial, we begin by thoroughly reviewing your denial letter, application materials, and any correspondence with the License Division to identify the specific issues at stake and evaluate the strengths of your case.

We then prepare and file a comprehensive Article 78 petition on your behalf, marshaling the evidence and legal arguments most likely to persuade the court. Our attorneys draft persuasive memoranda of law, compile the necessary supporting documentation, and ensure all procedural requirements are met. Throughout the process, we handle all court filings and communications with the respondent’s attorneys.

If the case proceeds to oral argument, we represent you in court, presenting your position to the judge and responding to any questions or concerns raised by the bench or opposing counsel. Our gun license attorneys bring experience from both sides of the courtroom—some of our team members are former prosecutors who understand how government attorneys think and how courts evaluate these cases.

Time is of the essence in these cases. Don’t wait until your four-month deadline is approaching. Contact us as soon as possible after receiving your denial so we can evaluate your case and begin preparing your petition. The sooner we get started, the more time we have to build the strongest possible case on your behalf.