Expert: Robert P. Firriolo - 7/19/2008

Question
Assuming one lives in Upsate NY and had a Concealed Carry License. Had a felony conviction in another county for a bounced check and received probation and restitution. Person received a CRD. After there arrest one was sent a letter from the county court clerk (where one resides)stating that because said person was arrested for a felony, the person had to turn there concealed carry licence in. They never stated where they were to turn it in, so said person just held onto it. What can one do now with a CRD to get there license back?

Answer
The person's license was likely revoked by the issuing agent and is invalid even though it was not turned in. Assuming the CRD explicitly restored firearm rights, the person will have to go to the licensing officer in his or her county of residence and reapply for the license. See:

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

You can also contact the NYS Division of Probation and Correctional Alternatives for more information: http://dpca.state.ny.us/contact.htm

Note that even if one has a CRD and a Certificate of Good Conduct (CGC), the licensing officer could still use his discretion to deny the person a license. Since the person did not surrender his or her license when directed, the person may be considered to be not of good moral character and thus undeserving of a new license. The same may be true of the initial charge of bouncing a check. Licensing officers are given broad discretion by the courts to issue licenses and to deny their issuance as well.