Expert: Robert P. Firriolo - 3/29/2010

Question
I wanted to apply for a rifle shotgun permit in nyc and was wondering if it s a waste of time. I pleaded guilty to a misdemeanor(criminal possession of a weapon)  i had 70 hrs. of community service in 2009 in which i completed, will this affect me getting a permit?

Answer
It may well adversely affect your chances of getting a rifle/shotgun permit, especially since you have a conviction for CPW. NYPD will probably deny the application, claiming that you are not likely to be responsible with a firearm since you broke weapons laws recently. That is not to say you cannot still apply, and then seek an administrative appeal if you're initially denied. Sometimes the director who reviews the appeals will overturn the Rifle/Shotgun Section's decision if a good case can be made as to why their decision should be reversed. At worst, you would lose your application and fingerprint fees, and you would have to disclose on future license applications that you were denied this permit. To go beyond the initial application and administrative appeal would require you to file a lawsuit against the NYPD, and your chance of success there is far from certain.

As time goes on, if your record remains clear, you may have a better chance of convincing NYPD that your past conviction should not be held against you. But it is impossible to say just how many years will pass before that happens, since such a decision is subjective on the part of the officer reviewing your application.