Expert: Robert P. Firriolo - 4/2/2011

Question
I just recently moved from Fl to Oswego County NY. I aquired rifles from a relative who passed away. Do I need any kind of permit to own these? Also, I am going to apply for my CC permit. I was arrested about 10-12 years ago in Fl 5 times or so for misdemeanors. Battery, violation of probation, driving while license suspended, resisting arrest w/o violence. Will this prevent me from getting a CCW permit?

Answer
New York State does not require any permit or licenses to own rifles or shotguns. (New York City does, but that is not relevant since you live in Oswego County). However, New York State has an "assault weapon" ban, so you must make sure you are not in possession of any rifles considered "assault weapons" under NYS law. The State enacted a ban that mirrored the federal ban, but unlike the federal ban, the state ban did not "sunset" (or expire) in 2004. Any firearm that would have been illegal to possess under the federal ban is illegal to possess in New York, and any similar semi-auto made after the expiration of the ban (so-called "pre-ban configuration") is also illegal.

Next, you say you were arrested but you do not say if you were convicted of the misdemeanors. Neither an arrest nor a misdemeanor conviction (unless it was a misdemeanor domestic violence conviction) will prevent one from getting a NYS firearm (handgun) license as a matter of law. However, in New York, carry licenses are discretionary, and the licensing officer may consider your arrests or convictions as making you not of "good moral character" to qualify for a license. Obviously, convictions will be considered more serious than arrests. But ultimately the county licensing officer will have to consider your criminal history in evaluating whether he or she things you are trustworthy and responsible enough to be granted a license.