Expert: Robert P. Firriolo - 5/4/2009

Question
I had asked the question below last week and received an answer. However I
just obtained my Certificates of Disposition from the courts and they read as
follows:

1991:    Certificate of Disposition Youthful Offender Adjudication “Sealed
Record”
PL 170.25 - Criminal Possession Of A Forged Instrument (2nd Degree) Served
5 Years probation. and $300 fine
This is printed on the bottom of the certificate:
"Youthful offender adjudication; effect thereof; records.
 1. A youthful offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate as a
disqualification of any person so adjudged to hold public office or
public employment or to receive any license granted by public authority."

1998:     ED 6513 – A Misdemeanor - 30 Days Imprisonment County Jail
          PL 170.20 – A Misdemeanor – 3 Years Probation

My question for you is:

Can I now with the information now verified, am I legally allowed to own a
firearm and apply for a hunting license again? Or do I have to hire an attorney
to get a CRD?

_________________________________________________________________________
Question:
I 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.


Answer:     
I 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
_________________________________________________________________________

Answer
Most misdemeanor convictions and Youthful Offender adjudications do not disqualify one from owning firearms under New York or federal law.

You can contact FBI and appeal the determination. Be sure to get the NICS Transaction Number (NTN) from the dealer. According to FBI:

Individuals who are denied the purchase of a firearm may request that the NICS or the state which processed their transaction provide the reasons for the denial. The regulations address the process for filing an appeal. Appellants must include the NTN assigned to their transaction. Appeals may be submitted via facsimile at 1-888-550-6427; by e-mail at nicsappeals@leo.gov; or by mail to the FBI, Criminal Justice Information Services Division, NICS Section, Appeal Services Team, Post Office Box 4278, Clarksburg, West Virginia 26302-9922.

ADDEENDUM: The first answer in this thread was not from R. Firriolo but from another person who answers questions in this category.