Matter of J.D.W.

Supreme Court, Rensselaer County

Decided on April 2, 2026

Application No. XXXXX

Noel Mendez, J.

Applicant J.D.W. ("Applicant") filed an application with Supreme Court, Rensselaer County, seeking a Carry Concealed firearm permit. For the reasons that follow, the Court denies the application.

I. Background

In September of 2025, Applicant filed with the Rensselaer County Pistol Permit Clerk an application — sworn to and signed before a duly licensed notary public under penalties of fine, imprisonment, and denial of said application for knowingly providing false information — seeking a Carry Concealed firearm permit in the County of Rensselaer. In the section of the application where an applicant is required to state whether they have "ever been arrested, summoned, charged or indicted anywhere for any offense," including for Driving While Intoxicated but excluding traffic infractions, Applicant checked the box for "No." As relevant to this decision, the application asks for the relevant charge of the offense and the disposition, and does not contain language allowing an applicant to exclude any incidents from disclosure according to how far in the past they may have occurred. What is required is that they state whether they have "ever been" arrested, summoned, charged, or indicted anywhere, list the charge, and provide the disposition of the charge.

The Court reviewed Applicant's criminal history report in camera prior to holding an inquest. The report revealed that on November 17, 1984, the Warren County Sheriff's Office arrested Applicant for Operating a Motor Vehicle with a Blood Alcohol Content of .10 of One Percent or More, in violation of VTL § 1192 (2), a misdemeanor; and Driving While Intoxicated, in violation of VTL § 1192 (3), also a misdemeanor. On January 14, 1985, Applicant pled guilty to Driving While Ability Impaired, in violation of VTL § 1192 (1), an infraction.

During the inquest held on March 26, 2026, the Applicant answered under oath in the negative when asked whether he had ever been arrested for Driving While Intoxicated, stating "I don't believe any of that" and "Are you saying Driving While Intoxicated? No. Never once. [*2]Nope." However, when confronted with the date, time, and place of his arrest, he capitulated, admitting to having been arrested. He still claimed, despite record evidence to the contrary, that he believed the charges were dropped.

II. Applicable Law and Analysis

Section 400.00 (1) of the Penal Law requires that all statements in an application for a firearm permit be true. Appellate courts in our State have upheld the denial of an application in cases where the applicant, among other things, fails to disclose arrest information (see generally Sherr v Everett, 228 AD3d 872, 874 [2d Dept 2024], appeal dismissed, 42 NY3d 1044 [2024]).

Applicant was arrested over four decades ago and pled guilty to an infraction. However, he failed to disclose his arrest and the disposition thereto despite having the obligation to do so and remembered the circumstances concerning the arrest in detail only when confronted under oath during the inquest. Given the circumstances, the Court finds that Applicant did not submit the application in accordance with Penal Law § 400.00 (1). In addition, the Court finds that his attempt at subterfuge concerning his record evinces a lack of good moral character necessary to possess a firearm permit (see Penal Law § [1] [b]).

III. Conclusion

Based on the foregoing, it is

ORDERED and ADJUDGED, that the application of J.D.W. is hereby DENIED.

This shall constitute the Decision and Order of the Court.

Dated: April 2, 2026

Troy, New York

Hon. Noel Mendez

Acting Justice of the Supreme Court

Papers Considered:

Application papers, with attachments, and criminal history records.