Expert: Robert P. Firriolo - 1/31/2009

Question
Mr. Firriolo,

I thank you for taking the time to answer my question regarding NCIC and NYS gun laws.  First off, in 2001 I was arrested for a class E felony scheme to defraud due to a credit card dispute, the charge was reduced and I was convicted of a class A misdemeanor attempted scheme to defraud (I currently have a 440/corum nobis pending to dismiss the charge, as it has prevented me from attending law school-presumption of moral turpitude, however per PCA files the final disposition is a class A misdemeanor conviction).  I am already licensed in New York State as an educator.  Hence, I am of the assumption that I am not prohibited from any long gun possession per NYS or Federal law.  However, upon running a NICS check recently I have been delayed for longer than 72 hours, and my FFL will not release the gun to me until he received a proceed, $20.00 per day storage fees are adding up.  I contacted NYSDOCJS and they stated that disposition information indicating a misdemeanor is not disseminated to the FBI.  Hence, I am very confident that a denial is going to come about as a result of a felony arrest.  Please advise


Answer
I am not sure what you are asking me to advise you about. First of all, I cannot give you legal advice. Next, you state that you were convicted of a non-violent misdemeanor, and thus you understand that you are not a prohibited person under state or federal law. You were, however, delayed on a NICS check, but you have not been denied.

You will have to contact FBI CJIS and inquire. Follow this link for information on appealing a denial and for NICS contact information so you can ask about your delay:

http://www.fbi.gov/hq/cjisd/nics/nicsappeals.htm

Be prepared to forward them information on the disposition of your felony arrest.

Oh, and you may want to reconsider doing business in the future with any FFL who would charge you $20 a day "storage fees."

Good luck to you.