2nd Amendment and Right to Bear Arms/Pistol permit revoked

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Question
I had my permit revoked in 2009 due to a DWI conviction, misdemeanor charge. Is there any chance of getting the license reinstated? That was in Ontario county I live in Jefferson County now. Would I have a chance at getting one up here knowing that I had one revoked before? Thanks.

Answer
A misdemeanor DWI conviction does not make one prohibited from a handgun license in New York State. It is discretionary on the part of the licensing officer, who may or may not find that such a conviction is good cause for denial of an application, or suspension or revocation of a license already issued.

It is impossible for me to predict how the Jefferson County licensing officer will view any specific conviction by an applicant, other than one that disqualifies somebody from a license under the penal law, like a felony or "serious offense." Further, something like a DWI conviction will probably not be viewed in isolation. That is, the licensing judge will likely consider other factors, such as the stability of employment, firearm training, other prior arrests, local references, etc., in evaluating the application.

It would probably make sense to inquire with the county licensing official as to whether there are any blanket policies regarding DWIs or other misdemeanor convictions. For example, this particular judge could have an established policy not issue a license to anybody with a DWI within the last 5 or last 10 years. On the other hand, the judge may have no set policy, and instead, considers each case on its own. The people in the licensing office (county clerk, sheriff, etc.) may be able to give you an idea of the likelihood of success for your application before you submit it.

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2nd Amendment and Right to Bear Arms

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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. DISCLAIMER: While this site is called AllExperts and this field is captioned "Expertise," this individual is not holding himself out as an "expert" in any legal area of practice. Some jurisdictions require certain qualifications and/or certifications in order to use the label "expert" in connection with a law practice. Participation in this online service is not intended to state or imply "expert" qualifications in any jurisdiction.

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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