What exactly is “proper cause?”
- April 30th, 2014
- John S. Chambers
- 1 Comment
The NYS handgun licensing statute requires that an individual establish “proper cause” for the issuance of a concealed carry handgun license. (Penal Law § 400.00[f]).
Many clients ask: “What precisely is the definition of ‘proper cause?’”
Firstly, a blog about “proper cause” must necessarily start by informing or reminding the reader that the NYPD does not issue ‘personal’ carry licenses. Instead, the issuance of a carry license in New York City is based upon a business need. The only exception to this is if you are a celebrity, or an otherwise high profile individual. In those cases, your “proper cause” is based upon your status as a such. In these cases, one need not show cash deposits, or the transportation of valuable merchandise, or even documented threats.
For the “common man,” the definition of “proper cause” is somewhat elusive. Generally speaking, “proper cause” boils down to your combined and unique business activities which give rise to you being more vulnerable to the criminal element than other business owners who do business within the City of New York without the benefit of a license to carry a concealed handgun.
We are often asked: “Is there a certain amount one has to deposit to establish ‘proper cause’ and qualify for a concealed carry license?”
The answer is: No.
Cash is a factor to be considered, but it is only one factor. There are many.
The Chambers Law Firm has represented clients who are not celebrities and who carry little or no cash in connection with their business duties to a successful conclusion in a concealed carry application matter within the agency. Businessmen, for example, who can prove they are exposed to extraordinary risk due to the fact that their business requires that they be out and around NYC at all hours of the day and night, may be able to establish “proper cause” for the issuance of a concealed carry license.
In NYC, the process of procuring a concealed carry handgun license, for most, is a long, arduous journey which requires patience, and documentation.
We’ve represented clients such as: plumbers, contractors, real estate managers, electricians, pavers, and other business men who have never deposited “substantial” cash sums in connection with carry applications to the NYPD.
These kinds of matters always present a very interesting challenge to the law firm because these is little guidance, and nothing is “black and white.”