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Ask Delta-Lawyer Your Own Question
Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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Im a retired police officer years I had a retired police

Customer Question

im a retired police officer for 10 years I had a retired police full carried license. I had a domestic got arrested for disorderly conduct hat to surrender my gun do to the order of protection . the was for two yrs five months . the order has expired in 2015 . nypd will give back my license with a letter from me explaining the circumstance of the arrest and a letter from my wife stating tyha she has no problem having a gun in the house . wife says she has no problem ,but will not put it in writing . Is it another way .
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I have a practice that encompasses a lot of work relative to firearms and the rights of firearm holders. It is a pleasure to assist you today.

Are you saying that your wife will not put it in writing that it is okay for you to have or carry a gun? Just want to make sure.


Customer: replied 1 year ago.
Expert:  Delta-Lawyer replied 1 year ago.

Sorry for the late reply...traveled some over the weekend.

They only other way that I can think of would be for you to file an affidavit with them that you covenant not to engage in any illegality, if she is unwilling to sign something herself. In the affidavit, you can specifically state that she has stated she has not problem with it be is unwilling to sign a letter to that affect. This is your sworn statement as to her position. It is technically hearsay, but since this is not a formal legal proceeding, per se, that should not matter.

If that does not work, you can seek an injunction in a court of competent jurisdiction wherein you seek to enjoin the police from holding your permit without cause. In the injunction, you will have to show the court that you have tried everything else and you can or will receive irreparable damage if this injunction is not awarded.

Let me know if you have any other questions or comments.

Best wishes going forward!