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2nd Amendment and Right to Bear Arms/2nd amendment
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Question
I was convicted of felony gun possesion and served 2 years in prison, ny. the reason i carried was because of a blood fued which in my culture doesnt end until the debtor is dead. under the 2nd amendment can i request the right to carry if i can show that i am in grave danger. how the heck is a man supposed to defend himself., sorry.
Under current federal law you do not have a Second Amendment right to possess a gun if you are a convicted felon. Even the recent US Supreme Court decision holding that there is an individual right to possess handguns said that it was not calling into question laws prohibiting felons from possessing firearms. Such laws may be challenged in the future, but for now the law is settled.
You may, however, be able to remove the felony conviction from your record by a pardon or certificate of relief from disabilities. Speak to a qualified attorney who deals with this area of the law and see if you're eligible to have your conviction expunged.
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Answers by Expert:
Robert P. Firriolo
Expertise
General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.
Experience
Practicing firearms law attorney, including representation of individuals, gun clubs, sportsmen's organizations, shooting ranges, and businesses. Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono counsel on select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.
Education/Credentials
Attorney at law. Extensive practice, independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Chief Range Safety Officer.
Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.
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