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2nd Amendment and Right to Bear Arms/Misdemeanor conviction and getting CCW
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Question
I live in upstate Broome County NY. Sometime around 1979 I plead guilty to a misdemeanor fireworks charge. I don't remember the specific date or charge. I was in possession of a small amount of firecrackers and I don't remember getting arrested, just ticketed.
I am in the process of filling out an application for a pistol permit.
My first question:
I assume I should contact the court where I was convicted and attempt to get the specific charge and date of conviction for my application. Assuming I am successful getting that information (it has been nearly 30 years), can this conviction harm my chances of permit approval?
thank you for your time!
It is important to answer every question on a firearm license application as accurately as possible. Any mistakes or willful concealment of information can serve as the basis to deny your license application.
I cannot say for certain whether the conviction will adversely affect your license application. I suspect that a conviction for such a minor criminal charge 30 years ago, in and of itself, will not be seen as good cause for denying you a license. I would encourage you to appeal any denial if that were the only basis.
Good luck to you.
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Answers by Expert:
Robert P. Firriolo
Expertise
General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.
Experience
Practicing firearms law attorney, including representation of individuals, gun clubs, sportsmen's organizations, shooting ranges, and businesses. Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono counsel on select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.
Education/Credentials
Attorney at law. Extensive practice, independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Chief Range Safety Officer.
Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.
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