Expert: Robert P. Firriolo - 11/11/2009

Question
QUESTION:
I do not own any firearms now but would like to hunt with a big game permit in the future.
From the information I have heard, all you need is one C.of G.C. to cover all past cases.  Felonies and/or Misdemeanors. My last case was a "D' Federal felony over 10 years old.  5 years probation completed.  

If I'm granted the Certificate, am I legal under federal law to buy a firearm?  Inotherwords will I or should I pass a NICI check at that point?  I have no past Domestic Violence cases. I realize that acquiring local & state permits are another matter however.

Steve(NYS)



ANSWER: A federal felony cannot be expunged by a New York State Certificate of Good Conduct, or even a state relief from disabilities.

Under the provisions of the federal Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

However, since October 1992, ATF's annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, ATF cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.

In other words, you cannot currently get a relief from a federal felony disability because ATF will not act on the application, because Congress has denied them the funds to do so.

The only option currently available is a Presidential pardon. A person is not considered convicted for GCA purposes if he has been pardoned. Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR sections 1.1-1.10 specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, N.W., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.






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

QUESTION:
Thank you for getting back to me with dispatch. Mr. 'F'.... I have not applied for a "State Certificate of Good Conduct"....I have applied at Federal Probation in Lower Manhattan where I have reported to, and have completed said Probation. This is my only Felony and my last case period. So the Certificate will be issued by the Federal Government; if I am approved.  According to the "Legal Action Center, 153 Waverly Pl. NYC"'s publication.  A C.Of G.C. covers all prior cases.  A person should apply to the court where his or her latest and most major case took place.  

I am not looking to expunge any case.  The C. of G.C. removes my criminal history(RAP sheet) from the public record.  Does the Certificate of Good Conduct itself restore my voting, firearm and public office rights as well?  

Steve(NYS)

Does this change your answer above?

Steve(NYS)

ANSWER: A federal CGC does not restore your firearm rights. As explained above, those rights can only be restored by a federal relief from disability (which is presently unavailable) or a Presidential pardon.

I cannot answer your question with respect to voting or the ability to hold public office. I suggest you ask the probation department about that.

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

QUESTION: Mr. "F" I was just looking on the Internet at Sheldon Silvers Web site.  There is a bill up for passage A.1170Dinowitz which is geared to close up a loophole that would allow felons with certificates of good conduct/disability to buy pistols, rifles and shotguns.

I am not nit picking.........I'm just trying to get the correct information.  Why is this bill being introduced if the C. of G.C. has no effect on the ability of felons to buy firearms?

Steve(NYS)

Answer
There is a very big difference between a federal felony conviction and a state felony conviction for purposes of removing a firearm disability.

Somebody who was convicted of a felony or domestic violence misdemeanor IN STATE COURT may have his or her federal firearm prohibition removed by getting a certificate of relief from disability (CRD) and CGC from the state where the conviction happened. That's in federal law.

Somebody who was convicted of a felony or domestic violence misdemeanor IN FEDERAL COURT can only have his or her federal firearm prohibition removed by a federal relief from disability (which is presently unavailable) or a Presidential pardon. That's also in federal law.

I looked up the bill you cite but it is not as you describe. Maybe the number cited is incorrect. I can't comment on it without knowing specifically what it says. But since I have explained the distinction between federal and state convictions, you may be able to figure out the answer to your own question regarding that bill. They are likely trying to stop the restoration of firearm rights under state law even though they would be restored under federal law with a state CRD and CGC.