Expert: n/a - 9/30/2008

Question
Hi Don - Received a call today from the Monroe County Sheriffs Department to conduct a phone interview with me. She asked me all these questions. Then she states I see you have a felony conviction. She said we don't issue permits to felons. I said my rights were restored via the CRD I received. She said that is for voting and employment. I said I beg to differ, ALL my rights were restored with no restrictions. She said well i am just warning you that Monroe County Judges deny felons and I would have to appeal. Then she states that she needs to conduct a phone interview with my wife. My wife has no problem with me having a handgun, but I don't understand why that is part of the screening process. I put four references down as indicated and they have all been called. So based on what she is telling me, you are denied no matter what and I will have to appeal. What a joke this state is.

Answer
Yes NYS is an anti gun state but a pro police state,  It sucks that is why I moved to Virginia.  If you apeal you must get the Federal Law to back you I believe it's 18. U.S.C 921 (a) (b) but look it up first I can be mistaken with the numbers but it's the Federal firearm law for convicted felons after you have had your rights restored.  It's basically saying that any convicted felon who has had his/her rights restored and the certificate does NOT state that you CAN'T own, transport or possess a firearm then you are NOT banned under the federal firearm laws.  This law is basically new so a lot of state officials still have no knowledge of this federal law.  Some FBI agents don't know this law.  If you can download a copy of this law appealing will be worth it, the fact that you have your Virginia firearm permit will help your case too.

Good Luck

P.S Please let me know the outcome.