Expert: n/a - 3/14/2009

Question
QUESTION: I  Live in new york state and i was arrested YEARS AGO ONCE FOR CRIMINAL MISCHIEF AND ONCE FOR THIRD DEGREE  ASSAULT.AND IN 2000 I APPLIED FOR MY PISTOL PERMIT AND WAS DENIED I KNOW THAT YOU CAN BE DENIED IF YOU HAVE A FELONY BUT FROM WHAT I WAS TOLD THESE CHARGES ARE NOT  FELONIES WHAT CAN I DO IN ORDER TO OBTAIN MY PISTOL PERMIT.

ANSWER: Although, a misdemeanor is not grounds for firearms restriction unless it was a domestic violence conviction, the State of NY is a may issue state oppose to a shall issue state.  That means they have the right to deny anyone for a firearm license for any reason.  In your case you have a violent conviction and to make matters worse you have 2 convictions.  You are not restricted from firearms according to federal laws but each state has it's own addition to the firearm codes.  New York having one of the most strict firearm laws will deny anyone with a violent conviction most of the times from my knowledge.  You may apply for restoration of rights for your two misdemeanors that will surely help your situation. A NYS Certificate of Relief from Disabilities may be applied for by someone with two misdemeanors.

Good Luck

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

QUESTION: How do i apply for restoration of rights and a NYS certificate of relief from disabilities.

Answer
You will have to return to the court where you was convicted and request an application from the probation Dept.  Regulations may have changed as far as a misdemeanor conviction getting a CRD. You may not need it or they may not issue for misdemeanors which would be a good thing.  If I was you I would not worry about the CRD. I would just apply for the permit but expect the worse in NYC.

If you were a Security Officer and had your company backing you up I would say you would have a chance, but if it's just to carry concealed my guess would be you won't receive it in NYC.


Good Luck