Expert: Robert P. Firriolo - 10/4/2008

Question
Twenty years (almost 21) years ago I was convicted, in NY, of a Class B felony for possession of a controlled substance, in this case cocaine.  Subsequently, I was sentenced to only a 9 month house arrest and "lifetime" probation.  Both were fulfilled without incident; the "lifetime" probation was rescinded after 5 years by a State Supreme Court judge.  As a felon who served no jail time, what are my restrictions on owning rifles and/or handguns.  I have neither at this time but my children are getting older now and questioning me about going hunting.  What are my limitations and possible recourse in NY for obtaining the right to posess firearms of any sort?

Answer
Because you were convicted of a felony, you are a "prohibited person" and may not possess firearms under federal law. To restore firearm rights after a felony conviction in a New York State court, one needs to obtain a Certificate of Relief from Civil Disabilities (CRD) and a Certificate of Good Conduct (CGC) from the sentencing court or the Parole Board.

Please refer to the following document for specific details, and note closely the contents of paragraph #15:

http://dpca.state.ny.us/pdfs/certificatesofrelieffromforfeituresanddisabilitiesq...

I cannot give you legal advice and you would need to consult an attorney for how these provisions of law apply to you specifically. You can also contact the NYS Division of Probation and Correctional Alternatives for more information:

http://dpca.state.ny.us/contact.htm

However, generally speaking, with the CRD and CGC, and no subsequent convictions, there should be no bar to owning a rifle or shotgun. There are no restrictions on hunting based on the prior conviction.

Even with the CRD and CGC, you may not be able to get a handgun license. The licensing officer has discretion in issuing licenses and could consider a variety of factors to evaluate your suitability for a license. This varies greatly from county to county. It could also vary depending on whether you are seeking a premises license or a carry license.

I trust this is helpful.