Expert: Dean Speir - 4/4/2011

Question
I have currently picked-up my NYS pistol permit application and I am concerned about being disqualified because of question 2. Back in early 2003 while in the NY Army National Guard I tested positive for marijuana and by the order of my commander underwent outpatient treatment. I never finished my treatment because I was activated to serve in OIF. Since that time I have done two more tours of duty in Afghanistan, and still continue to serve. How should I answer? Will the background investigation go that deep?

Answer
As we all serve here pro bono publico, I changed this question and response to "public." Want privacy" Hire an attorney!

While this is not even close to a Second Amendment inquiry, I will say this much: don't lie!

If they catch you making a false statement, you're dead right there... you've given them a reason to deny you no matter what else you might have going for you.

Additionally, on any other application for a license of any sort (commercial driver, pilot, nursing, etc.), you will be asked if you have ever been denied a license, and you will have to answer "Yes."

In this age of computerized records, you'll be found out, so DON'T LIE!

Fill out the application accurately and truthfully, and if that's the only blemish on your record, they may ask you about it, but they won't deny you outright.

O, and thank you for your service.