Campbell v. Kelly

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered May 6, 2010, which denied the petition brought pursuant to CPLR article 78 seeking, inter alia, to annul respondent’s determination denying petitioner’s application for a handgun license, unanimously affirmed, without costs.

Possession of a handgun license is a privilege, not a right, and as such, it is subject to the broad discretion of the Police Commissioner (see Matter of Tolliver v Kelly, 41 AD3d 156, 158 [2007], lv denied 9 NY3d 809 [2007]). Here, respondent’s determination was rationally based as it was premised upon…