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2nd Amendment and Right to Bear Arms/Questions
| Subject | Date Asked | Expert |
| Handgun | 2/6/2012 | Dean Speir |
| Q: I moved from washington state were you can have handgun with you only time you need permit is when ... A: Fred, Fred, Fred... I won't even bother to ask you where you "read some gun laws" since it appears ... | ||
| Can my weapon be taken from me after 3 day "delayed" period has passed | 2/2/2012 | Robert P. Firriolo |
| Q: First off Mr. Firriolo I would like to commend you for all the voluntary work you do educating us ... A: I am a little unclear on precisely what you are asking in your hypothetical questions, but I will do ... | ||
| gun rights | 2/1/2012 | Robert P. Firriolo |
| Q: I wasconvicted of a Class E felony in NYS in 1971. Received a CRD from NYS in 1973 after 1 year ... A: A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his ... | ||
| Purchasing a firearm | 1/9/2012 | Dan Haynes |
| Q: I was convicted of a felony in NYS in 1970-possession of a dangerous drug. Finished college and was ... A: Paul, Thanks for asking about this, IMHO, you should be able to pass the NICS check. Most legal ... | ||
| The Second Amendment | 12/16/2011 | Paul Edward Zukowski |
| Q: I'm doing an ILP project which is a huge deal in my grade. My topic is the Second Amendment and I'm ... A: I'm doing an ILP project which is a huge deal in my grade. My topic is the Second Amendment and I'm ... | ||
| Hunt within city limits with muzzleloader? | 12/14/2011 | Robert P. Firriolo |
| Q: This is sort of a follow up to an answer I just read. It says that a convicted felon can use a ... A: It is impossible to answer your question with specificity because you do not say what city or town ... | ||
| misdeanors | 12/5/2011 | Robert P. Firriolo |
| Q: Many years ago when I was 19 years old I plead guilty to two misdeanors, for taking tags off my ... A: A person convicted of a state misdemeanor punishable by a term of imprisonment of more than two ... | ||
| Prohibited or not? | 11/17/2011 | Dan Haynes |
| Q: I have a felony conviction for Failure to Pay Child Support in Ohio. It is a 5th degree felony, ... A: Mark, Thanks for asking. Under federal law a felony prohibits owning firearms. The nature of your ... | ||
| 2nd amendment rights | 11/7/2011 | Dan Haynes |
| Q: IF YOU WERE CHARGED AND CONVICTED OF BURGLARY IS THERE ANY WAY FOR ME TO EVER GET MY RIGHTS TO CARRY ... A: Dusty, Thanks for asking. Even though your charge was a long time ago unless you get your record ... | ||
| pre 1899 antique guns | 11/3/2011 | Robert P. Firriolo |
| Q: I am just curious about the law on "antique guns" and persons who have lost their gun rights. I ... A: A firearm manufactured in or before 1898 is an antique firearm. 18 U.S.C. § 921(a)(16)(A). It is ... | ||
| Age requirements | 11/3/2011 | Robert P. Firriolo |
| Q: I was wondering how old one has to be in order to posses a gun larger than that of a bb or pellet ... A: Your location indicates New York, so I will answer your question with respect to New York law. NYS ... | ||
| second amendment | 10/12/2011 | Dan Haynes |
| Q: I was charged and convicted of regulated firearm by prohibited person and served 9 months on 3years, ... A: John, Why were you a prohibited person? Did you mean you served 9 months of a 3 year sentence? Why ... | ||
| leave handgun w/ a FFL dealer in NYS | 9/29/2011 | Robert P. Firriolo |
| Q: i have FL CCW but i am effectively disarmed if my travels involve NYS. i am not even discussing ... A: REVISED: It would not be legal for a person not licensed to possess a firearm in New York State to ... | ||
| adult children/control | 9/18/2011 | Robert P. Firriolo |
| Q: can a-spouse or an-adult child that live with a individual who has lost rights possess in same ... A: Being diagnosed with dementia does not make one a prohibited person. Under federal law, one who has ... | ||
| adult children/control | 9/17/2011 | Robert P. Firriolo |
| Q: can a-spouse or an-adult child that live with a individual who has lost rights possess in same ... A: A spouse or adult child could theoretically keep firearms on the premises where a prohibited person ... | ||
| NYS Assault weapons ban | 9/16/2011 | Robert P. Firriolo |
| Q: I own a Remington 870 pump action shotgun and I want to add a pistol grip and a M4 stlye colaspible ... A: Those modifications would not be relevant to the state "assault weapons" ban. The definition of ... | ||
| CCW for Employment and Off Duty in NYC | 9/4/2011 | Robert P. Firriolo |
| Q: Sir, I'm a retired police officer from CA, currently authorized by my former department to carry ... A: By New York State law, one must be a resident or have a place of business in a given county (or New ... | ||
| NYS Law for Inline Muzzle Loader | 7/30/2011 | Robert P. Firriolo |
| Q: Firriolo, You answered a previous question about legality of a felon owning a muzzle loader as ... A: The answer to your question is generally yes, as long as the muzzleloader is not one of a very small ... | ||
| Non leathal self protection | 7/27/2011 | Robert P. Firriolo |
| Q: I understand that legal questions can be complex given individual circumstances. I am a convicted ... A: Your subject asks about non-lethal self-protection, yet your question asks about picking up a gun ... | ||
| 2nd | 7/26/2011 | Dan Haynes |
| Q: When the Gun Control Act of 1968 was implemented were it's effects felt retro actively? For ... A: Matt, Thanks for asking. The GCA act of 1968 was not felt retro active. It only was applied on ... | ||
| Handgun purchase delay in oregon. | 7/22/2011 | Dan Haynes |
| Q: I recently went to purchase a 22. cal Ruger. I have had contact with the Oregon state police and ... A: Steven, Thanks for asking. IMHO it appears that your drug possession charge could be the problem. ... | ||
| Handgun purchase | 7/7/2011 | Dean Speir |
| Q: I had a domestic violence charge 10 years ago but the charges were dropped in court. Will this ... A: Don't know Jeff… this is the Second Amendment category, not the Criminal Justice area. You'll need ... | ||
| Son has guns and I have a felony. | 7/2/2011 | Dean Speir |
| Q: I have a non violent felony pending while I am in drug court. Because of this I am on probation and ... A: Your intemperate response only serves to validate my previous answer to your inappropriate root ... | ||
| right to bear arms. | 6/29/2011 | Dan Haynes |
| Q: I plead guilty under article 893 to a cocaine residue charge in 2007 in Louisiana. I am going in ... A: Peter, Ask your lawyer this questions: If Louisiana has given you a pardon, why do you require an ... | ||
| Son has guns and I have a felony. | 6/28/2011 | Dean Speir |
| Q: I have a non violent felony pending while I am in drug court. Because of this I am on probation and ... A: It IS true… drugs make you stupid! How can you possibly consider this a Second Amendment question, ... | ||
| Purchasing a gun | 6/27/2011 | Dan Haynes |
| Q: Dan, My wife is a convicted felon in florida. We are currently living in Alabama where she is on ... A: Shane, Thanks for inquiring. If you cleared for purchase of a firearm before you married her, and ... | ||
| NYS Pistol Permit Revocation | 6/27/2011 | Robert P. Firriolo |
| Q: I applied for a unrestricted concealed carry and after all was said and done I was granted a ... A: Q1: Do I have grounds for a successful article 78 appeal to nullify the decision of the licensing ... | ||
| Trying to get my 2nd Amendment rights restored | 6/23/2011 | Dean Speir |
| Q: how can i get my 2nd amendment rights restored. I was arrested and convicted of something I did not ... A: #1: This is a Criminal Justice question, not a Second Amendment one. #2: What happened after your ... | ||
| Purchasing | 6/6/2011 | Dan Haynes |
| Q: In 1994 I was convicted of domestic violence in Alaska (no guns or weapons involved). I heard a ... A: Matt, Thanks for asking. Federal firearm laws state that DV charges will prevent firearms ... | ||
| Permit | 5/26/2011 | Robert P. Firriolo |
| Q: I obtained a New York State carry concealed permit in August of 2009. In October of 2009 I got a DUI ... A: A misdemeanor conviction for a crime carrying a maximum sentence of a year or less does not make ... | ||
| muzzleloader | 5/24/2011 | Robert P. Firriolo |
| Q: "Staten Island N.Y Resident wishes to purchase a muzzleloader though an internet dealer. May the ... A: A traditional muzzle-loading rifle or shotgun is not a "firearm" under federal law and thus does not ... | ||
| Confiscated Weapons in Maryland | 5/23/2011 | Dan Haynes |
| Q: I arrested about a year ago and was convicted of misdemeanor assault. At the time of my arrest the ... A: James, Thanks for asking. I was recently involved in a similar case. In order to get my weapon back ... | ||
| CHL with a SEALED record in Texas | 5/23/2011 | Dan Haynes |
| Q: In Texas: A person with Aggravated Assault with a Deadly Weapon receives Deferred Adjudication (13 ... A: Dale, I found these questions listed on a Florida CHL application form. Have you been convicted ... | ||
| constitution | 5/17/2011 | Robert P. Firriolo |
| Q: The constitution guarantees the right to bear arms. Government passed a law of felon in possession, ... A: The definition of "firearm" in the federal Gun Control Act appears at 18 U.S.C. sec. 921(a)(3): The ... | ||
| constitution | 5/16/2011 | Robert P. Firriolo |
| Q: The constitution guarantees the right to bear arms. Government passed a law of felon in possession, ... A: The barrel of a shotgun is not considered to be a "firearm" under federal law and thus one in ... | ||
| Can my wife have a gun in our house if I have a misd. assult charge? | 5/16/2011 | Dan Haynes |
| Q: Hey Dan, I have a misdemeanor assault charge from 11 years ago and have recently been denied the ... A: David, Yes your wife can have a gun as long as you do not have access to it. You both would be in ... | ||
| constitution | 5/14/2011 | Robert P. Firriolo |
| Q: The constitution guarantees the right to bear arms. Government passed a law of felon in possession, ... A: Passing a law stating that a felon loses his right to keep and bear arms is not a "change to the ... | ||
| roomates and firearms | 5/14/2011 | Dan Haynes |
| Q: Is a gun owner legally required to disclose the acquisition of a licensed firearm into a household ... A: Brandon, In your state that may be true. I have not heard of a requirement to disclose unless the ... | ||
| Permit | 5/12/2011 | Dean Speir |
| Q: I recently purchased (legally) a handgun. Do I need a concealed weapons permit just to keep it for ... A: Don't you think the time to ask this would have been before you made your legal handgun purchase? ... | ||
| Pawn shop firearm ? | 5/10/2011 | Dan Haynes |
| Q: I pawned 2 rifles and then got a assault charge against my wife. I have not been convicted but I ... A: Jack, Thanks for asking. If your wife has a clean record, yes she can pick them up.If you get ... | ||
2nd Amendment and Right to Bear Arms
Answers by Expert:
Robert P. Firriolo
Top Expert on this page
Expertise
General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.
Experience
Practicing firearms law attorney, including representation of individuals, gun clubs, sportsmen's organizations, shooting ranges, and businesses. Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono counsel on select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.
Education/Credentials
Attorney at law. Extensive practice, independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Chief Range Safety Officer.
Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.
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