Matter of A.D.K.

Supreme Court, Rensselaer County

Decided on April 3, 2026

Application No. XXXXX

Noel Mendez, J.

Applicant A.D.K. ("Applicant") filed with the Rensselaer County Pistol Permit Clerk's Office an application with Supreme Court, Rensselaer County, seeking a Carry Concealed Firearm and Semi-Automatic Rifle permit. For the reasons that follow, the Court denies the application.

I. Background

In May of 2025, Applicant filed an application — sworn to and signed before a notary public under penalties of fine, imprisonment, and denial of said application for knowingly providing false information — seeking a Carry Concealed and Semi-Automatic Rifle permit in the County of Rensselaer. In the section of the application asking whether an applicant has "ever been arrested, summoned, charged or indicted anywhere for any offense," including for Driving While Intoxicated but excluding traffic infractions, Applicant checked "Yes," indicating that, sometime in 2010, in the City of Albany, they had been arrested for Driving While Intoxicated. Where required to state the disposition of the charge, Applicant wrote "Not sure exact dates. almost 15 years ago." Below that section, in the part of the application allowing for further explanation as to their criminal history, Applicant wrote "Misdemeanor DWI at age 21. Nothing else since."

Included with the application packet were, among other things,FN1 two duplicate pages of that part of the application wherein an applicant is asked whether they have "ever been arrested, [*2]summoned, charged or indicted anywhere for any offense," including for Driving While Intoxicated but excluding traffic infractions. On these duplicate pages, Applicant checked "Yes," listing by hand two additional charges not listed in the application proper — one charge of Driving While Intoxicated stemming from an arrest in the Town of Colonie back in 2012, and another charge for Criminal Possession of Stolen Property in the Fifth Degree stemming from an arrest in the City of Albany back in 2008. These two duplicate pages contained the dates of the arrests, the names of the pertinent arresting agencies, the charges mentioned above, the dates of the dispositions, the courts adjudicating the matters, and the dispositions themselves. Applicant left the section of the application allowing for further information unchanged, which again contained the written statement "Misdemeanor DWI at age 21. Nothing else since."

The Court reviewed Applicant's criminal history in camera. On October 23, 2008, the Albany City Police Department arrested Applicant for Petit Larceny, in violation of Penal Law § 155.25, and Criminal Possession of Stolen Property in the 5th Degree, in violation of Penal Law § 165.40. On December 4, 2008, Applicant pled guilty to Disorderly Conduct, in violation of Penal Law § 240.20.

In addition, on June 2, 2010, the Albany City Police Department arrested Applicant for Driving While Intoxicated, in violation of Vehicle and Traffic Law § 1192 (3) and Operating a Motor Vehicle with .08 of 1% Alcohol or More, in violation of Vehicle and Traffic Law § 1192 (2). Applicant was also charged with Aggravated Unlicensed Operation of a Motor Vehicle in the 3rd Degree, in violation of Vehicle and Traffic Law § 511 (1) (a), Operating a Motor Vehicle Without a Certificate of Inspection, in violation of Vehicle and Traffic Law § 306 (b), Licensing of Drivers: Unlicensed Operator, in violation of Vehicle and Traffic Law § 509 (1), and Failure to Display Headlights with Windshield Wipers, in violation of Vehicle and Traffic Law § 375 (2) (a). On August 24, 2010, Applicant pled guilty to Facilitating Aggravated Unlicensed Operation of a Motor Vehicle, in violation of Vehicle and Traffic Law § 511-A.

Finally, on August 17, 2012, the New York State Police arrested Applicant for Driving While Intoxicated, in violation of Vehicle and Traffic Law § 1192 (3) and Operating a Motor Vehicle with .08 of 1% Alcohol or More, in violation of Vehicle and Traffic Law § 1192 (2). On November 19, 2012, Applicant pled guilty to Driving While Intoxicated, in violation of Vehicle and Traffic Law § 1192 (3).

At the inquest held on March 26, 2026, Applicant, while under oath, testified they had initially omitted the 2008 and 2012 arrests because they were uncertain whether those charges needed to be disclosed. Applicant further testified they updated their application the next day to include their entire arrest history upon the advice of a person from the Town of East Greenbush Police Department, who called Applicant to inform them that the application was missing information concerning their criminal history.

Applicant explained that the 2008 plea to Disorderly Conduct resulted from the "childish mistake" of stealing things from cars with his friends. Regarding the plea to the motor vehicle offense from 2010, Applicant stated he made a "poor decision" in operating a motor vehicle with an open container (i.e., alcohol) beside them. With respect to the 2012 plea for Driving While Intoxication, Applicant conceded guilt and noted they struck a guardrail on a highway as a result of the offense. Applicant thought they did not have to disclose some of their misconduct because it resulted in infractions, and attempted to reassure the Court that the omission thereof, in any event, was "unintentional."

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]). As to whether an applicant has the requisite moral character to possess a firearm permit, Penal Law § 400.00 (1) (b) is clear in that an application may be denied should the licensing authority find the applicant lacks "good moral character," which is statutorily defined as having the essential character, temperament, and judgment necessary to be entrusted with a weapon.

Here, Applicant failed to disclose two arrests in their initial application and only sought to correct the application after being instructed to do so by a person from the Town of East Greenbush Police Department. The Court finds that Applicant's initial submission was not "true" pursuant to Penal Law § 400.00 (1), their attempt at compliance notwithstanding.

Furthermore, the Court does not find Applicant's attempt to correct the application as evidence of good moral character. Applicant knew they were obligated to disclose their entire criminal history to the licensing authority yet failed to disclose two arrests and provided virtually no information concerning the one arrest they did disclose initially. It was not until being told to do so by a person at the Town of East Greenbush Police Department that Applicant disclosed the entirety of their criminal history, and in further detail. Moreover, the Court finds that Applicant's attempts to minimize their past conduct as youthful indiscretion lacks credit. Rather, Applicant's conduct which is not far in the past, demonstrates they lack the requisite good moral character necessary for obtaining a firearm permit under Penal Law § 400.00 (1) (b).

III. Conclusion

Based on the foregoing, it is

ORDERED, that the application of A.D.K. is hereby DENIED.

This shall constitute the Decision and Order of the Court.

Dated: April 3, 2026

Troy, New York

Hon. Noel Mendez

Acting Justice of the Supreme Court

Papers Considered:

1. Applicant's application, with attached documents

2. Applicant's criminal history records