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2nd Amendment and Right to Bear Arms/right to own and possess firearms
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Question
I live in New York State. I was issued a Certificate of Relief from Disabilities after a felony alcohol related conviction in 1995. I was convicted in 2003 of a DWI and it was classified as a felony conviction. I received no notice if my Certificate was revoked or not. Do I still have the right to own, possess, and use firearms?
This is not a Second Amendment or right to keep and bear arms question, but a criminal justice question.
The information you provide indicates that you were relieved from the disability from your 1995 conviction. That relief cannot have any bearing on a subsequent conviction. The information you provide seems pretty clear that your 2003 felony conviction prohibits you from possessing firearms or ammunition.
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Regarding the follow-up question in your comment, you would need to obtain another Certificate of Relief from Disability or a pardon to remove the second felony from your record.
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| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | I much appreciate your answer, although I was looking forward to something more positive. I realize it's not your field; but is there anything else I can do. Can I apply for a Certificate of Good Conduct? Or do you know who I can ask? | ||
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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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