Expert: n/a - 11/26/2008

Question
QUESTION: I was recently denied the privilege of purchasing a rim fire rifle by NCIS for I assume, the only felony conviction I ever had, which was a DWI felony conviction, no injury damage etc, in 1983.  The judge in the case in Dutchess County NY was visiting from another district and has long been retired afaik. What is needed to have my right to ownership restored ?  What steps \ paperwork etc are required? especially if I can not locate the judge that tried \ sentenced me.  I have had no legal issues of any kind in those 30 years.  Thanks

ANSWER: You don't have to get restoration of rights from the Judge that tried you in your case.  Any Judge can give or deny restoration of rights.  You need to return to the courts where you was convicted and ask for an application for a certificate of relief from disabilities.  If you did any state time you need to download the application from the NYS Dept. of Parole website.  Your restoration of rights must NOT have any restrictions in order to get your firearm rights back.  Read federal firearm code 18. U.S.C 921 (a)(20).  If they deny your certificate with no restrictions you may have to hire a Lawyer.  

Best of Luck

---------- FOLLOW-UP ----------

QUESTION: I am on the way to getting a relief from disabilities from the court involved, thanks for the answer, my question now is how do I go about notifying NCIS that my rights have been restored or is it automatic?  If it is automatic how long might that take ?  Thanks again

Answer
In NYS all convicted felons with firearm restorations must receive a carry concealed weapons permit before they can legally purchase or own a firearm in NYS.  When you receive your firearm permit only then you will be able to purchae firearms and that will allow NICS to clear you on the purchase...