Expert: Robert P. Firriolo - 9/27/2009

Question
I pleased guilty to a felony and was granted youthful offender status which seals my record am i still able to purchase a rifle in NY?

Answer
Generally speaking, under the federal Gun Control Act, a person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year is prohibited from possessing firearms or ammunition. However, a person is not considered "convicted" for federal Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.

If a juvenile charged with a crime was given youthful offender status by the court, the conviction must be deemed vacated and replaced by a youthful offender finding. [NYS Criminal Procedure Law sec. 720.20 (3)]. 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. [NYS Criminal Procedure Law sec. 720.35 (1)].

Therefore, a youthful offender finding should not make one a prohibited person for purposes of firearm possession.