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Peter Griesch
Peter Griesch,
Category: Criminal Law
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Experience:  Tax Counsel at AIG, Inc.
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Which is the proper court to file a petition Writ of

Customer Question

Which is the proper court to file a petition for a Writ of Mandamus and if the petition is denied are there other legal options to explore
Submitted: 12 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 12 months ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.
Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.

What type of pistol permit did you apply for and what were the reasons for denial?

Customer: replied 12 months ago.
I was a Buffalo Police Officer and I was fired because of my gun and vest being stolen (a cover for the real issue, and a common occurance with law enforcement), I filed a Title 7 case which ran it's course from 1994-2004, I am a private investigator and decided to file for a pisol permit to increase the oprtunities available to me as a PI, my application was denied in 2007 with the reason being my "work record and the reason I was fired" as the reason for the denial (the application investigations are conducted by the Buffalo Police Department), I am aware that my title 7 case is dead and I am not to return to the police department, however, it seems that they do not want me to do anything in the area but this is my home and I wish to stay her as long as my mother and her siblings are alive, I called and attorney in California via my job's EAP program to get some advice about an equal protection suit, there are many police officers who have had guns stolen and amny more individuals with pistol permits that haver had guns stolen, I also do not see what my work record (which was a subject of the title 7 case) has to do with getting a pistol permit, this attorney told me that a writ of mandamus could lead to the equal protection suit, I first have to reapply and when they denie the application he said I would have 4 months to file the mandamus (which I probably would not get), I jus tneed to know the order of operations and which court to file the actions in, this is a CIVIL issue and you are a CRIMINAL attorney, one of the things I discovered in my ten year excursion through pro se litigation is that the only thing the two have in common are that they both end up in a court of law
Customer: replied 12 months ago.
I will more than likely be pursuing thissue pro se again, the lawyers here are politically entangled
Customer: replied 12 months ago.
just reread your question, the permit is for a concealed 24hr carry
Expert:  Alex J. Esq. replied 12 months ago.

Thank you for your follow up.

I am experienced in both criminal and civil law and also a former NY law enforcement officer.

I am afraid given the NY state law that governs issuance of a pistol permit, I cannot provide you with a favorable answer, so I will opt out of your question at no charge to you and hopefully another JustAnswer.com legal expert can come up with an option that would carry at least a reasonable expectation of success.

I wish you the best of luck!

Customer: replied 12 months ago.
I understand, and I am aware that I may not get a favorable answer, I really just need the technical information about the steps, the attorny in Cali that I spoke to told me that I would not be granted the writ, he said the petition is just a precursory move to get the equal protection suit in court... I just do not know which court to start my research in and would rather spend my law library time having a better idea which direction to look in
Expert:  Peter Griesch replied 12 months ago.

A writ of mandamus is to get a court to order a government official to perform his/her duty. In your case, however, a decision has already been made to deny you a pistol permit.

When NY was recently backlogged, people brought writs in the supreme court for there county to get the police chief to act on the application...as NYS law requires action within 6 months.

Since you've been denied, action has been taken on your application. I don't think there's a need to file a writ. You already have an actionable claim that may be brought in the county in which you were denied the permit.

Expert:  Peter Griesch replied 11 months ago.

If you have any further questions, I'd be happy to assist.

Please remember to rate my response. I only receive credit from Just Answer is my response is positively rated.

Thank you.

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