Expert: Robert P. Firriolo - 3/2/2009

Question
In 2003 I plead guilty to felony DWI. I was sentenced to 5 years probation which I have completed. Before I finished probation I was granted a certificate of relief from disabilities which states:"Relieve the holder of the forfeitures,disabilities,or bars hereinafter enumerated with no firearm restrictions and restoring his right to serve on a jury."Last fall I attempted to buy a rifle at a gun shop and was denied because of the background check. I have appealed the denial with the FBI NICS section, but that was four months ago, and I have not heard  back from them. Should my appeal be successful, and if not, what else should I do? Also, if my appeal is successful would I be eligible for a New York State pistol permit?

Answer
Your first question is, "Should my appeal be successful?" If the felony DWI conviction, for which you received a CRD with no firearm restriction, is the only factor on your record, then your appeal "should" be successful. I suggest you keep in contact with FBI NICS Section and make sure they have all of your records, including the CRD, and press them for a resolution of your appeal.

Your next question is, "if my appeal is successful would I be eligible for a New York State pistol permit?" Again assuming that the only felony conviction was your DWI discussed above, and that you have no other disqualifications such as a misdemeanor domestic violence conviction, an order of protection against you, or confinement to a mental health facility, then you would most likely be "eligible" for a New York State pistol license. Whether you will be granted one is another question.

If you are applying for a premises license, the licensing agent has to have good cause to deny you a license. However, if you apply for a carry license (even a restricted one, such as a "hunting and target" license), the licensing officer will have broad discretion and could still deny your application based on your conviction. You would be much more likely to be granted a premises license than a carry license. Since the burdens on the licensing agent and criteria are significantly different.

There are too many variations between counties (each with its own licensing officer(s) and policies), and too many factors in an applicant's personal situation, for me to predict for you your chances of success. I suggest you either consult an attorney in the jurisdiction in which you intend to apply who is knowledgeable in this field, or call the county licensing officer and ask outright if your past DWI would likely result in a denial. As you note, it would be best to make these inquiries after you clear up your issue with NICS.

Good luck to you.