Expert: Robert P. Firriolo - 11/17/2009

Question
What misdemeanor offenses will prevent a NY resident from purchasing a firearm?

Answer
There are two parts to this answer. 1) Any misdemeanor where domestic violence was an element will make one a prohibited person under federal law. 2) Under New York Penal Law Section 265.01 (4), a person is guilty of criminal possession of a weapon in the fourth degree when he possesses a rifle or shotgun and has been convicted of a felony or serious offense.

A "serious offense" includes misdemeanors. Under Penal Law Section 265.00 (17), "Serious offense" means:

(a) any of the following offenses defined in the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven: illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar`s instruments; buying or receiving stolen property; unlawful entry of a building; aiding escape from prison; that kind of disorderly conduct defined in subdivisions six and eight of section seven hundred twenty-two of such former penal law; violations of sections four hundred eighty-three, four hundred eighty-three-b, four hundred eighty-four-h and article one hundred six of such former penal law; that kind of criminal sexual act or rape which was designated as a misdemeanor; violation of section seventeen hundred forty-seven-d and seventeen hundred forty-seven-e of such former penal law; any violation of any provision of article thirty-three of the public health law relating to narcotic drugs which was defined as a misdemeanor by section seventeen hundred fifty-one-a of such former penal law, and any violation of any provision of article thirty-three-A of the public health law relating to depressant and stimulant drugs which was defined as a misdemeanor by section seventeen hundred forty-seven-b of such former penal law.

(b) any of the following offenses defined in the penal law:  illegally using, carrying or possessing a pistol or other dangerous weapon;  possession of burglar's tools;  criminal possession of stolen property in the third degree; escape in the third degree;  jostling;  fraudulent accosting;  that kind of loitering defined in subdivision three of section 240.35;  endangering the welfare of a child;  the offenses defined in article two hundred thirty-five; issuing abortional articles;  permitting prostitution;  promoting prostitution in the third degree;  stalking in the third degree;  stalking in the fourth degree; the offenses defined in article one hundred thirty;  the offenses defined in article two hundred twenty.

So, in sum, any misdemeanor involving an element of domestic violence, or any of the misdemeanors listed in Penal Law 265.00 (17), would make it illegal for one to possess (and therefore purchase) a firearm.