Expert: Robert P. Firriolo - 2/18/2009

Question
QUESTION: When I was 17 my parents sent me to a rehab for lesser drug (pot) and alcohol abuse, i was there for 3 months, I have never been arrested, convicted of any crime or committed by a court to any institution. I am 24 now and would like to purchase a rifle for target shooting at my folks house upstate.Before I spend the application fee, will I be denied a permit because of my stint in rehab?

ANSWER: There is no way for me to know in advance whether you will be denied a permit. The NYPD will consider a variety of factors, and an investigating officer will make a subjective decision, which you may administratively appeal to the Director of the License Division. Even if I saw your completed application and could evaluate all of the factors NYPD will consider (which I cannot), there is no way to know for sure how the investigator will view it, and whether, if denied, the Director would overturn that decision.

In connection with the application, you are required to consent to the release by the State Department of Mental Hygiene, and any of its institutions, employees or agents, of any record regarding my institutionalization or treatment for any psychiatric or mental disease or disability. These records are for the sole purpose of evaluating your application for a New York City Rifle/Shotgun Permit.

The application also asks, "Have you ever been confined to an institution or treated as an out patient for drug addiction, alcoholism or mental illness?" You say your parents "sent" you to rehab, but you don't say if you were confined. However, the question also asks if you were ever treated as an outpatient, so you may well have to answer this in the affirmative. You are required to explain this on a separate sheet of paper.

If you pursue the application, you will need to convince the NYPD that your past history with drugs and alcohol is no longer a factor in your ability to possess and safely use a rifle or shotgun. If you have a stable employment and residence history, and there are no other red flags raised by your application, you may want to take a shot at it.

I will also note that since you say that you want to use the rifle for target shooting upstate, you can avoid the entire NYPD permit process by just keeping the rifle outside the city. You can purchase it upstate and keep it at your parents' house, or some other location outside the city. You only need the permit if you want to store the rifle in the city. If you only plan to use it upstate, you can save yourself not only the trouble of the application and corresponding investigation, but the absurd renewal fees you will be charged for the "privilege" of keeping a rifle in your own home in the city.

Good luck to you.



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

QUESTION: I'm not quite sure what they mean by confined, I was not allowed to leave on my own free will, but not ordered to remain by any court or official authority, I guess I would have been under parental authority. Your second option of purchasing upstate and keeping the rifle up there as well is excellent, I have no need for it here in NYC, but how will I prove I live there? I do have a car that I keep there (registered upstate as well) but my drivers license is from NYC, three letters that no doubt make any gunstore nervous. How would I prove residency?

Answer
I agree that "confined" is vague, but the requirement to disclose even outpatient treatment makes that moot.

You do not have to prove that you live at your parents' house. You may purchase a long gun from any licensed dealer. You would only need to have a permit and register it if you were bringing it into the city. You can put your NYC address on the 4473 form (the yellow form you fill out for the dealer disclosing that you're not a prohibited person) and just take the rifle to your parents' house.

Many city residents keep their guns outside the city to avoid the permit fees and regulations, and most gun shops outside the city don't care that somebody has a city address since the sellers are not subject to city regulations. The burden is on the city resident to comply with city gun laws, not the gun shops outside the city.

Also, if you purchase a rifle from a private seller (i.e., not a licensed dealer) outside the city, no paperwork is necessary.