2nd Amendment and Right to Bear Arms/NICS Denied in NYS
Expert: n/a - 4/30/2009
QuestionI was denied from NICS for the purchase of a long gun at my local firearms
dealer on Long Island. I live in Suffolk County and had two "A" Misdemeanor
convictions in 1997. "Possession of a forged instrument" and pled guilty to
those charges and served 30 days in county jail. I have since had a very
successful career and not law infractions since this horrible mistake in
judgement of my past. I'm I qualified to own a long gun in New York State?
Or, if they have indeed been taken away.
I have requested a copy of my "Certificate Of Disposition" and was going to
hire attorney to appeal my denied status. Is this the proper protocol to
proceed on this matter? It becomes a very expensive route, however it is
alway beneficial to have legal council to mitigate the risk of an appeal to NICS.
I was quoted about $4,500 for this service.
Please advise of the course of action that I can take to restore my Second
Amendment rights, if any? Thank you in advanced for your response.
AnswerI would not hire a Lawyer to appeal a NICS check for that amount of money but I would hire one for my CCW Permit, or to clear my name from restrictions for good. NY is a shall issue state and an anti-gun state, they will use anything including a misdemeanor to restrict anyone from owning a firearm. Even though the Feds never mention a misdemeaor as a firearm restriction (except domestic violence)some states still use them as a restrcition especially multiple misdemeanors.
Good Luck