Expert: Robert P. Firriolo - 10/28/2009

Question
QUESTION: I was convicted of a felony D.W.I. IN 2007. I was incarcerated for 14 months. I live in Onondaga county in N.Y. state. I would like to know if I can possess a firearm (rifle, shotgun, muzzle loader, handgun, or a bow)for the purpose of hunting? Also will I ever be able to acquire a concealed permit?

ANSWER: A convicted felon may not possess firearms or ammunition unless his conviction is expunged or set aside, his rights are restored via a relief from civil disabilities, or he receives a pardon.

To restore firearm rights after a felony conviction in a New York State court, one needs to obtain a Certificate of Relief from Civil Disabilities (CRD) and, after a required waiting period, a Certificate of Good Conduct (CGC) from the sentencing court or the Parole Board.

Please refer to the following document for specific details, and note closely the contents of paragraph #15:

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

Here is a link to the CRD application from the DCPA: http://www.dpca.state.ny.us/pdfs/dpca52.pdf

Here is a link to the CGC application and the instructions: https://parole.state.ny.us/documents/CertApplication.pdf

You can also contact the NYS Division of Probation and Correctional Alternatives for more information:

http://dpca.state.ny.us/contact.htm

With the relief from civil disability, one may purchase a rifle or shotgun, though it may take some time and separate communications with FBI to clear the NICS check. As for a handgun, the issuance of license in NY State is discretionary on the part of the issuing agent, in your case, a judge in Onondaga County. You will need to satisfy the judge both that you have "proper cause" for a carry license and that your conviction is not good cause for the denial of a license.


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

QUESTION: I've read that a muzzle loader does not qualify as a "firearm" am I able to hunt with a muzzle loader. Also does that mean that I can not also bow hunt?

Answer
A traditional-style muzzleloading long arm is not a firearm under federal law and is not regulated as a rifle, shotgun or firearm under New York State law. In New York, a person prohibited from possessing a rifle, shotgun or firearm may still possess a muzzleloading long arm and may hunt with it as long as he possesses the proper hunting license and muzzleloading authorization. Check with the NYSDEC for the license. Possession of bows suitable for hunting are also not regulated by New York State law. Again, you would need the proper bowhunting license from NYSDEC to use one afield.