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About 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 Range Safety Officer.
Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.
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You are here: Experts > Arts/Humanities > Political Science > 2nd Amendment and Right to Bear Arms > Rifle Purchase
Expert: Robert P. Firriolo - 10/30/2009
Question
In a previous answer you indicated: 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. I received my CRD with no restrictions a few years back. Before purchasing a rifle for hunting, would it be best to contact the FBI and have them put my documentation on file first? If so, do you have the appropriate contact information? Thank you.
Answer
If the CRD was obtained "a few years back" FBI should have the updated information. The simplest route would be to attempt to make the purchase and see what happens with the NICS check. As part of the transaction, you will need to complete the 4473 form. When you read the instructions, you will find that somebody who has had his civil rights restored, and is not prohibited from receiving or possessing firearms where the conviction occurred, should answer "no" to the question asking about a felony conviction.
If the dealer gets approval for the transaction to proceed, end of story. If you are delayed and/or ultimately denied, you may have to provide FBI with the information about the CRD. You can then contact the NICS Appeal Services Team and provide them with proof of relief from disability to possess firearms. See here for details on doing this: http://www.fbi.gov/hq/cjisd/nics/nicsappeals.htm .
One who repeatedly receives erroneous denials or lengthy delays on NICS checks may request entry into the Voluntary Appeal File (VAF). The VAF process permits applicants to request that NICS maintain information about them in the VAF to prevent future denials or extended delays of a firearm transfer. NICS Customer Service at 1-877-444-NICS (6427)can tell you more about that too.
Alternatively, you can call NICS Customer Service and discuss your question with them in advance of the purchase to try to prevent any problems with the NICS check.
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