IN THE MATTER OF JERALD O'BRIEN, RESPONDENT, v. THOMAS W. KEEGAN, AS JUSTICE
OF THE SUPREME COURT, APPELLANT.
87 N.Y.2d 436, 663 N.E.2d 316, 639 N.Y.S.2d 1004 (1996).
February 15, 1996
3 No. 15(1996 NY Int. 26)
Decided February 15, 1996
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Wayne L. Benjamin, for Appellant.
Jeffrey Chamberlain, for Respondent.
CIPARICK, J.:
A licensing officer will issue a license to possess and carry a
concealed firearm only when "proper cause exists" (see, Penal Law
400.00(2)(f)). Other than in New York City and Nassau and Suffolk
Counties, where licenses are subject to renewal every three or five
years, respectively, the procedure to amend a "carry concealed
license" to add or delete weapons is by application to the licensing
officer (see, Penal Law §§ 400.00(9); 400.00(10)). In furtherance of
both the regulatory and public safety purposes of Penal Law § 400.00,
we hold that a licensing officer is authorized to engage in a "proper
cause" inquiry when presented with an application to amend a carry
concealed license.
On March 31, 1987, Albany City Court granted petitioner's application
for a carry concealed license, restricted to hunting and target
practice. In 1989, petitioner applied to amend his license to cover
two additional firearms and remove the hunting and target shooting
restrictions. On June 29, 1989, petitioner's application was granted,
without a proper cause inquiry, and he was issued an unrestricted
carry concealed license for his two semi-automatic pistols and one
revolver. In early 1990, petitioner again sought to amend his license
to reflect the acquisition of another semi-automatic handgun. On
February 1, 1990, the same licensing officer approved the amendment,
again without conducting a proper cause inquiry.
The third time petitioner applied to amend his license he sought to
substitute one revolver for another and add another semi-automatic
handgun, and requested the issuance of a license that conformed with
the recently redesigned license format. This application was reviewed
SNIPPETS:
Jeffrey Chamberlain, for Respondent.
A licensing officer will issue a license to possess and carry a concealed firearm only when
In furtherance of both the regulatory and public safety purposes of Penal Law § 400.00, we
On March 31, 1987, Albany City Court granted petitioner's application for a carry concealed
petitioner applied to amend his license to cover two additional firearms and remove the
The third time petitioner applied to amend his license he sought to substitute one revolver
the licensing officer granted petitioner's application to amend his license to the extent of
petitioner could not articulate any valid reason when he was asked why he needed to carry up
The licensing officer adhered to the original determination that the proper cause shown by
Petitioner challenged this determination in a CPLR Article 78 proceeding, initiated in the
The Appellate Division, with one Justice dissenting, granted the petition to the extent of
(see, Matter of O'Brien v Keegan, 207 AD2d 5, 7- 8).
We disagree, and now reverse.
At the other end of the spectrum, the licensing officer is statutorily invested with the
the licensing officer's authority to allow possession of a handgun only for proper cause
Petitioner's inability to demonstrate a need - - or much less, any reason - - for an
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