Expert: n/a - 7/14/2008

Question
QUESTION: Hi Don! I had a Florida Concealed Carry permit in 1993. I moved back to upstate NY in 1997. I applied and received my NYS Concealed Carry permit. In 2002 I got charged with a Felony for bouncing a check. My county sent me a letter stating they were suspending or revoking my permit. I received a CRD and box "B" is checked. I was supposed to get it at time of sentencing and box "A" was to be checked. I sent them a letter and that did no good. So, now I would like to know how to go about getting my Concealed Carry permit back. Do I need to re-apply? What are my chances? Thank you so much for your help.

ANSWER: You never mentioned what was your sentence,  If you never did state time you have your full rights restored even if you have box B checked.  NYS laws states that if you are convicted of your first felony and only sentenced to probation your right to hold public office is not taken.  If your CRD does not specify you can't own, transport or purchase a firearm you are good according to federal firearm code 18. U.S.C 921. NYS may want you to apply for a certificate of good conduct in order to get your firearm permit back.  Florida and their Dept. of Agriculture Division of Licensing is the worse state in this Country when it comes to understanding Federal Firearm Laws.  So your CRD is good to own a firearm according to Federal code 18. U.S.C 921 but the different state laws may not allow you to receive a firearm permit especially NYS.  You may want to re-apply for a Florida non-resident permit then NYS permit.  You would definately be approved for a Virginia non-resident firearm permit.

Good Luck



Good Luck

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

QUESTION: Thanks for your quick response Don! I was sentenced to 5 years probation and restitution. I paid the restitution in a month and was released from probation after 4 years. My CRD is clear of any restrictions. I think a certificate of good conduct is only applied for an issued if you served time. So if I apply for the Florida and/or Virginia non resident, this may be a stupid question, but could I then purchase a firearm in NYS with that permit? Should I re-apply for a NYS license or try to send a letter with my CRD and a copy of my old permit to the County, which is Monroe?

ANSWER: A certificate of good conduct is also if you wanted your firearms rights restored it will be stated on the certificate.

I was suggesting to you to get a Virginia non resident firearm permit first before you re-applied for NYS.  You should still be approved for it but NYS is not a shall issue state.  Meaning they can turn you down for a firearm permit for any reason.  With a Va. permit you would eliminate the argument that NYS will give you, they are going to say because of your conviction federal laws prevent them from giving you a firearm permit which is not true as long as you have full restoration of rights.  I lived in Middletown, NY for 4 years so I'm familiar with the laws upstate not as bad as NYC.  You can also apply for reenstatement of your firearm permit using your CRD.   You were approved once and had no firearm violations so I don't see a reason for them to turn you down.  You will not be able to purchase a firearm in NYS with a Va. permit but you can purchase in Va. with a non-resident permit and bring it to NYS as long as you put it in the trunk and seperate the rounds from the weapon both not in reach of any passengers.  You wont be able to carry concealed in NYS.

Good Luck

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

QUESTION: Thanks again Don! I did request the Florida package and downloaded the Virginia packet. I scheduled Firearms Safety Course for the 24th. I picked up the NYS package ($5 fee!) also. You stated that I could possibly apply for re-enstatement of my NY using my CRD. How would I go about that other than filling out a new application? Thanks again for all your help!!!

Answer
I don't know what they sent you when they revoked your license but all the appeal paperwork should have been with the revocation letter.
I can tell you from experience Virginia non-resident permits are much faster and they definitely respect NYS CRD's.  Florida is a little off when it comes to Federal laws so they may give you some trouble.

Good Luck