Expert: Robert P. Firriolo - 5/28/2009

Question
In 1997 I pleaded guilty to unlawful possession of marijuana and for being on park property at night.  The drug charge was a class D misdemeanor.  Later, my lawyer made the cases "sealed" from public view.  Also, in 2005 I had a NYC charge of riding my bike on the street.  Which had a 6 month adjournment clause to it.

I reside in Columbia county, NY.  Will these charges prevent me from getting a pistol permit?  I am not sure If my county has concealed only or residence/hunting only permit too.

Answer
Since the issuance of a pistol license has been held by the highest state court to be a privilege, and not a right, pistol licensing officers are granted wide discretion in issuing licenses. Any convictions, or even a series of arrests, can be used as a basis to deny a license application.

An applicant must disclose any convictions on the application, even if the convictions were sealed.

There is no way I can tell you for certain if such a conviction and the other arrest will be enough to result in a denial because there are too many other factors that may be considered, such as the stability of your employment and residence history, the results of checking your references, etc. You could contact the Columbia County clerks office and ask to speak with the pistol licensing clerk for insights into how the licensing judge treats people in your situation.