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2nd Amendment and Right to Bear Arms/Questions Answered by Expert Robert P. Firriolo
| Subject | Date Asked |
| Can my weapon be taken from me after 3 day "delayed" period has passed | 2/2/2012 |
| Q: First off Mr. Firriolo I would like to commend you for all the voluntary work you do educating us ... A: I am a little unclear on precisely what you are asking in your hypothetical questions, but I will do ... | |
| gun rights | 2/1/2012 |
| Q: I wasconvicted of a Class E felony in NYS in 1971. Received a CRD from NYS in 1973 after 1 year ... A: A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his ... | |
| Hunt within city limits with muzzleloader? | 12/14/2011 |
| Q: This is sort of a follow up to an answer I just read. It says that a convicted felon can use a ... A: It is impossible to answer your question with specificity because you do not say what city or town ... | |
| misdeanors | 12/5/2011 |
| Q: Many years ago when I was 19 years old I plead guilty to two misdeanors, for taking tags off my ... A: A person convicted of a state misdemeanor punishable by a term of imprisonment of more than two ... | |
| pre 1899 antique guns | 11/3/2011 |
| Q: I am just curious about the law on "antique guns" and persons who have lost their gun rights. I ... A: A firearm manufactured in or before 1898 is an antique firearm. 18 U.S.C. § 921(a)(16)(A). It is ... | |
| Age requirements | 11/3/2011 |
| Q: I was wondering how old one has to be in order to posses a gun larger than that of a bb or pellet ... A: Your location indicates New York, so I will answer your question with respect to New York law. NYS ... | |
| leave handgun w/ a FFL dealer in NYS | 9/29/2011 |
| Q: i have FL CCW but i am effectively disarmed if my travels involve NYS. i am not even discussing ... A: REVISED: It would not be legal for a person not licensed to possess a firearm in New York State to ... | |
| adult children/control | 9/18/2011 |
| Q: can a-spouse or an-adult child that live with a individual who has lost rights possess in same ... A: Being diagnosed with dementia does not make one a prohibited person. Under federal law, one who has ... | |
| adult children/control | 9/17/2011 |
| Q: can a-spouse or an-adult child that live with a individual who has lost rights possess in same ... A: A spouse or adult child could theoretically keep firearms on the premises where a prohibited person ... | |
| NYS Assault weapons ban | 9/16/2011 |
| Q: I own a Remington 870 pump action shotgun and I want to add a pistol grip and a M4 stlye colaspible ... A: Those modifications would not be relevant to the state "assault weapons" ban. The definition of ... | |
| CCW for Employment and Off Duty in NYC | 9/4/2011 |
| Q: Sir, I'm a retired police officer from CA, currently authorized by my former department to carry ... A: By New York State law, one must be a resident or have a place of business in a given county (or New ... | |
| NYS Law for Inline Muzzle Loader | 7/30/2011 |
| Q: Firriolo, You answered a previous question about legality of a felon owning a muzzle loader as ... A: The answer to your question is generally yes, as long as the muzzleloader is not one of a very small ... | |
| Non leathal self protection | 7/27/2011 |
| Q: I understand that legal questions can be complex given individual circumstances. I am a convicted ... A: Your subject asks about non-lethal self-protection, yet your question asks about picking up a gun ... | |
| NYS Pistol Permit Revocation | 6/27/2011 |
| Q: I applied for a unrestricted concealed carry and after all was said and done I was granted a ... A: Q1: Do I have grounds for a successful article 78 appeal to nullify the decision of the licensing ... | |
| Permit | 5/26/2011 |
| Q: I obtained a New York State carry concealed permit in August of 2009. In October of 2009 I got a DUI ... A: A misdemeanor conviction for a crime carrying a maximum sentence of a year or less does not make ... | |
| muzzleloader | 5/24/2011 |
| Q: "Staten Island N.Y Resident wishes to purchase a muzzleloader though an internet dealer. May the ... A: A traditional muzzle-loading rifle or shotgun is not a "firearm" under federal law and thus does not ... | |
| constitution | 5/17/2011 |
| Q: The constitution guarantees the right to bear arms. Government passed a law of felon in possession, ... A: The definition of "firearm" in the federal Gun Control Act appears at 18 U.S.C. sec. 921(a)(3): The ... | |
| constitution | 5/16/2011 |
| Q: The constitution guarantees the right to bear arms. Government passed a law of felon in possession, ... A: The barrel of a shotgun is not considered to be a "firearm" under federal law and thus one in ... | |
| constitution | 5/14/2011 |
| Q: The constitution guarantees the right to bear arms. Government passed a law of felon in possession, ... A: Passing a law stating that a felon loses his right to keep and bear arms is not a "change to the ... | |
| NYS CCW Permit | 4/2/2011 |
| Q: I just recently moved from Fl to Oswego County NY. I aquired rifles from a relative who passed away. ... A: New York State does not require any permit or licenses to own rifles or shotguns. (New York City ... | |
| ACDs & Federal Law | 3/31/2011 |
| Q: Are recieving ACDs (Adjournment in contemplation of dismissals) for felony or domestic violence ... A: The answer to your first question is easy. There are no statutory disqualifiers in NYS law for ... | |
| CCW in the workplace/work vehicle | 3/30/2011 |
| Q: I am a contractor who works in a high crime area. I have no "physical" office. My van is my ... A: Federal law does not generally regulate the carrying of loaded firearms in vehicles. The regulation ... | |
| Pistol Permit for Orleans County NY | 3/29/2011 |
| Q: I have been a little uneasy about filing for my pistol permit. I do want and desire to do so, ... A: The standard firearm license application form approved by the NY State Police has a question that ... | |
| Antique Revolvers | 3/27/2011 |
| Q: I'm from Brooklyn, NY and a have a collection of antique percussion revolvers of Civil Was era. I ... A: When you say "I'm from Brooklyn, NY" I assume that means you live in New York City and are asking ... | |
| ACDs & Federal Law | 3/17/2011 |
| Q: Are recieving ACDs (Adjournment in contemplation of dismissals) for felony or domestic violence ... A: Assuming you are asking about New York law, an ACD is exactly what it says: an ADJOURNMENT in ... | |
| NYS CCW restrictions | 3/16/2011 |
| Q: Where can I find a reasonably complete listing of where one can and cannot carry a firearm in NYS ... A: I am not aware of any comprehensive listing of all such laws. Assuming that when we are talking ... | |
| right to bear arms | 3/7/2011 |
| Q: How does the state constitution trump the federal constitution on the rights to bear arms when ... A: I do not think your question can be answered as phrased. State constitutions do not "trump" the ... | |
| CCW license; moving to NYC | 2/24/2011 |
| Q: I have a CCW permit issued to me (in the eighties) when I lived upstate. Now, I just found out that ... A: I have that reference book too, and while it is useful, it is not always correct and it is certainly ... | |
| CCW license; moving to NYC | 2/23/2011 |
| Q: I have a CCW permit issued to me (in the eighties) when I lived upstate. Now, I just found out that ... A: I believe that it would matter little whether you sought a "Special" endorsement of your current ... | |
| CCW license; moving to NYC | 2/22/2011 |
| Q: I have a CCW permit issued to me (in the eighties) when I lived upstate. Now, I just found out that ... A: There is nothing in the law that says your license is revoked if you move to NYC. Your ... | |
| Veteran concerned about at-purchase check | 2/9/2011 |
| Q: I've had a CC permit in New York (upstate) for 25 years. I had a small .22 for several years that I ... A: First, thank you for your service. I would like to help you but I don't completely understand what ... | |
| youthful offender status | 1/30/2011 |
| Q: 35 years ago got into trouble with marijuana. $100 fine 1 year probation and youthful offender ... A: Criminal records that are referred to as "sealed" are often still available to the police in ... | |
| Denied a pistol purchase permit | 1/17/2011 |
| Q: I was on probation until 12/9/10 for a misdeamer larceny. I filed for a pistol permit on 12/10/10 ... A: A typical misdemeanor larceny does not make one prohibited from possessing firearms under federal ... | |
| NYS pistol carry permit | 1/15/2011 |
| Q: I have had a Non Restricted NYS pistol permit since Jan 24, 2000. I moved to Saratoga County in ... A: Your mistake was in "transferring" your license. A license is good for life or until revoked, except ... | |
| firearm license in NYC | 1/3/2011 |
| Q: Yesterday night i came across an interesting article, "Matter of Chwick v. Mulvey." I guess you were ... A: It will probably not have any immediate effect on handgun licensing practices, especially in New ... | |
| ex felon owing a black powder rifle in nys | 12/21/2010 |
| Q: i was wondering is it illegal in ny state for an ex felon to have a black powder rifle i am a hunter ... A: New York defines a rifle to be "a weapon ... fired from the shoulder ... us[ing] the energy of the ... | |
| Concealed carry permit | 12/5/2010 |
| Q: After having read the 'requirements' to qualify for full time concealed carry license I would like ... A: It is very difficult to give you a definitive answer to your question. The main value I see to using ... | |
| Pistol Permit | 12/3/2010 |
| Q: I recently submitted my pistol permit application in Niagara County, NY. On my application I put ... A: The time quoted by the clerk has nothing to do with any state licensing law or regulation. In this ... | |
| Denied through NICS picking up pistol. (NYS) | 12/2/2010 |
| Q: 1 1/2 years ago I applied for a Cert Of Good Conduct for some things that plagued my mid-teens, ... A: There may be differences between the DCJS and FBI file for at least a couple of reasons. One, FBI ... | |
| gun free zone | 11/27/2010 |
| Q: im not asking for legal advice, just a discription of a particular gun law. my friend just moved to ... A: John, it is difficult to answer your question without knowing more about the particular school zone ... | |
| Denied through NICS picking up pistol. (NYS) | 11/19/2010 |
| Q: 1 1/2 years ago I applied for a Cert Of Good Conduct for some things that plagued my mid-teens, ... A: The answer to your question is not really a matter of law but really boils down to, "How is the ... | |
| Purchasing Longguns and rifles in NYS | 11/17/2010 |
| Q: I plead guilty to a Misdemeanor on Public Loodness for Urinating in public, I went to purchase a ... A: A misdemeanor like public lewdness under the NYS Penal Law should not make one a prohibited person ... | |
| How did this happen? | 11/17/2010 |
| Q: I am relatively new to truly understanding my rights a an American Citizen. So please don't judge me ... A: This is a complicated question not really suited to this short question-and-answer format. However, ... | |
| Rifle and shotgun permit | 10/27/2010 |
| Q: I was convicted of a class d and e felony first and only time in trouble they are labor related ... A: You don't say where you are applying for a permit (but I'm assuming it may be NYC, since that is one ... | |
| disclosing arrest on Pistol Permit | 10/27/2010 |
| Q: If a crime is adjudicated under NYS Youthful Offender does the arrest remain in the system (after 35 ... A: The license application directs the applicant to disclose all arrests. During the background check, ... | |
| Pa. Gun ownership | 10/22/2010 |
| Q: 15 years ago I was convicted of receiving stolen property. It was a misdameanor but carried a 2 year ... A: A "prohibited person" may not possess or receive firearms or ammunition. Federal law considers one a ... | |
| firearms sell | 10/22/2010 |
| Q: theres a gun show coming to my town in Florda. I was wondering if i could buy a gun from an ... A: There is no such thing as a lawful purchase from an "unlicensed dealer." All "dealers" (that is, ... | |
| NY "restrictions" | 10/14/2010 |
| Q: I hold a NY state "unrestricted" pistol license. When it was given to me the judge's clerk listed ... A: There is an explicit prohibition against possession of any firearm in most parts of a school in NYS ... | |
| CCW in Banks | 10/12/2010 |
| Q: I understand that I cannot carry a gun in a Federal bank by US law. Is it legal to carry a pistol ... A: I am not sure what "US law" you are referring to, nor what you mean by a "Federal bank." However, ... | |
| NY Pistol permit question | 10/8/2010 |
| Q: My question is regarding how my juvenile record would affect me getting a pistol permit here in NY ... A: When a criminal background check is run for a NYS pistol license, ALL arrests, even those that are ... | |
| Possible disqualifier? | 9/20/2010 |
| Q: I am currently 26, but when i was 15/16 my parents hired a lawyer and had him enter a plea of no ... A: The "'89 Bush Ban" is irrelevant to the purchase of a machine gun. That was an import ban on certain ... | |
| Possible disqualifier? | 9/20/2010 |
| Q: I am currently 26, but when i was 15/16 my parents hired a lawyer and had him enter a plea of no ... A: An individual who is not prohibited by Federal, State, or local law from receiving or possessing ... | |
| NYS Pistol Permit | 9/13/2010 |
| Q: I have some minor arrest records including a disorderly conduct ACD in 1996, a DWAI (violation; fine ... A: In Onondaga, the Sheriff's Office Pistol License Unit handles the paperwork. Here is a link to the ... | |
| NYS Pistol Permit | 9/13/2010 |
| Q: I have some minor arrest records including a disorderly conduct ACD in 1996, a DWAI (violation; fine ... A: As you know from your long gun purchases, you are not a "prohibited person" under federal law. Also, ... | |
| NYC handgun permit | 9/8/2010 |
| Q: I am a NYC resident. I am contemplating applying for a pistol license. I have never been arrested. ... A: It is impossible for anybody to tell you "what are the odds of being disapproved" for a pistol ... | |
| concealed weapons carry for semis | 8/24/2010 |
| Q: My husband drives a semi truck and he has a concealed weapons licence. How is he supposed to know ... A: Every state does have its own laws concerning concealed carry of handguns. I am sure you have heard ... | |
| Carry Permit Suspended without cause | 8/3/2010 |
| Q: On January 6th I was terminated from my job with the city as Dog Control Officer. I was terminated ... A: Your question, in summary, is "Can he do this?" and the answer is yes, but you are entitled to an ... | |
| tennessee code 39-17-1352 | 7/19/2010 |
| Q: are Tennessee code's 39-17-1352 f1,f2,g1,g2and g3 legal in the second amendment right of congress to ... A: Tennessee Code Section 39-17-1352 (Amended effective January 1, 2010) deals with suspension or ... | |
| Nassau County Pistol Permit | 7/13/2010 |
| Q: I have a felony conviction from NJ that was expunged and under the Expungment Order the only time ... A: The application requires you to list all convictions regardless of whether they have been expunged. ... | |
| NYS Pistol License Suspension | 7/12/2010 |
| Q: Back in 2008 a SCPD officer was trying to track down a girl that had run away from home. In the ... A: On the first question, the issue is really whether you have any administrative remedies left to you. ... | |
| NYS Pistol License Suspension | 7/12/2010 |
| Q: Back in 2008 a SCPD officer was trying to track down a girl that had run away from home. In the ... A: There is likely to be a sound legal foundation to challenge the suspension of your license. Before ... | |
| Supreme Court Ruling and pertinence to Lautenberg Law | 6/28/2010 |
| Q: In light of todays ruling in favor of 2nd Amendment Rights across states, How will this affect the ... A: McDonald is unlikely to have any immediate or definite impact. First, the Supreme Court reiterated ... | |
| Federal Application | 6/10/2010 |
| Q: Should I want to purchase a long gun first, on the Federal Application for gun purchases can I ... A: A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his ... | |
| Simple Position | 6/8/2010 |
| Q: I was convicted of simple position in 1984. Will this prevent me from passing a background check for ... A: I assume you mean "simple possession" and that you were convicted of possession of a controlled ... | |
| NYS Pistol Permit | 6/5/2010 |
| Q: The term "proper cause" is used alot. Can you please give some examples of this for applying for a ... A: There is no definition in state law. Proper cause whatever a licensing officer says it is, unless an ... | |
| NYS Pistol Permit | 6/2/2010 |
| Q: I have a NYS pistol liscence issued by Albany County. It was issued as "restricted" to "hunting and ... A: New York State Penal Law Article 400, which creates all handgun licenses, does not contain any form ... | |
| License to Carry in NYS | 5/23/2010 |
| Q: First off let me say thank you for your professional answers in the past. In 1993 I had a CC License ... A: Scott, if by "this happened in October 2008" you mean that is when you were denied by the judge, ... | |
| License to Carry in NYS | 5/19/2010 |
| Q: First off let me say thank you for your professional answers in the past. In 1993 I had a CC License ... A: Scott, thanks for your question. Taking your last question first, knowing that your civil rights, ... | |
| honorable discharge for "personality disorder" | 5/13/2010 |
| Q: Can I still buy a gun if I was discharged from the Marines for havinga a "personality disorder"? The ... A: Under federal law, one is prohibited from possessing a firearm or ammunition if he has been ... | |
| Former military, question regarding midemeanor charge affects on CCW | 5/10/2010 |
| Q: I am a NC resident, have been since 2005; I just finished 3 years in US Army Aviation, and during ... A: Matt, thank you for your service. Some good news for you is that a misdemeanor drug abuse conviction ... | |
| gun lic | 5/7/2010 |
| Q: I never had a felony but have a few mister minors from my younger years. the last five years no run ... A: There is no way to answer that question with certainty because the issuance of a handgun license in ... | |
| CAN I PURCHASE | 4/28/2010 |
| Q: i WAS CONVICTED OF SIMPLE ASSAULT IN 2007, WILL I STILL BE ABLE TO PURCHASE AND POSSESS A FIREARM IN ... A: It depends on whether your charge involved domestic violence. A person convicted of misdemeanor ... | |
| Can I own a Rifle or Shotgun in Indiana? | 4/15/2010 |
| Q: I was convicted of a felony in 1996 for theft, receiving of stolen property, since then have been a ... A: A person convicted of a felony is prohibited from possessing firearms or ammunition under federal ... | |
| Possible felony DWI conviction affecting weapons stored at home and owned by minors | 4/14/2010 |
| Q: I am facing a felony DWI charge. I am desperately trying to get it reduced to a misdemeanor, but in ... A: If you are eventually convicted of a felony in any US state or federal court, then you will be ... | |
| rifle/shotgun permit in nyc | 3/29/2010 |
| Q: I wanted to apply for a rifle shotgun permit in nyc and was wondering if it s a waste of time. I ... A: It may well adversely affect your chances of getting a rifle/shotgun permit, especially since you ... | |
| Can my x-wife own a firearm? | 3/27/2010 |
| Q: Sir, I hope you can help me out with this question. My x-wife was charged in Ohio on 3/31/1990 with ... A: It is impossible to fully answer your questions because you do not supply enough information, and ... | |
| can i still own a pistol | 3/17/2010 |
| Q: i was convicted of misdemeanor simple assault am i still eligible to own a gun? ANSWER: As long as ... A: The sentence you received is not what is important; what you could have been sentenced to (that is, ... | |
| can i still own a pistol | 3/17/2010 |
| Q: i was convicted of misdemeanor simple assault am i still eligible to own a gun? A: As long as the misdemeanor simple assault charge was punishable by a term of imprisonment of two ... | |
| 2nd amendment right to bear arms | 3/13/2010 |
| Q: My husband was charged 10 years ago in MD with attempt of second degree murder and assault. He was ... A: Unless charges are pending (i.e., somebody is under indictment) they do not make somebody prohibited ... | |
| 2 duis, 20 years apart, various states | 3/9/2010 |
| Q: Hola, Am moving to North Dakota from NY, and am planning on buying another handgun. I received a ... A: If you are moving into New York and already own a handgun, be aware that you may not lawfully bring ... | |
| gun permit | 3/9/2010 |
| Q: A: I can't answer your question with any certainty because whether you can get a handgun permit is a ... | |
| Unacceptable | 3/8/2010 |
| Q: I submitted a question to you about 2 months ago, and gave great detail in regard to our issue. My ... A: I went back and located what I believe was your question to me. Here was my response: >I am not ... | |
| Gun right | 3/3/2010 |
| Q: i was just wondering what was my chances in new York state to get my pistol License back by ... A: You don't say what county you're in, which makes it more difficult to answer your question ... | |
| Ability to purchase firearms | 2/24/2010 |
| Q: A few years ago I was arrested in Pennsylvania after a bar fight and charged with aggravated ... A: A "prohibited person" may not possess or receive firearms or ammunition. Federal law considers one a ... | |
| Gun rights for a convicted felons family. | 2/23/2010 |
| Q: I'm not sure if you've answered this question before, but here goes. In NYC I pleaded guilty to a ... A: You would not be able to purchase a firearm now. As a practical matter, a convicted felon cannot ... | |
| Gun rights for a convicted felons family. | 2/23/2010 |
| Q: I'm not sure if you've answered this question before, but here goes. In NYC I pleaded guilty to a ... A: 1) Yes, you have to deal with New York State. You can only get relief from your disability in the ... | |
| Gun rights for a convicted felons family. | 2/22/2010 |
| Q: I'm not sure if you've answered this question before, but here goes. In NYC I pleaded guilty to a ... A: First, you are incorrect that "NY doesn't have expunge laws." While a convicted felon may not ... | |
| Transporting Firearms | 2/9/2010 |
| Q: Is it legal for a person without a concealed carry permit to transport a legally owned pistol ... A: You correctly cite to 18 USC 926(a): Notwithstanding any other provision of any law or any rule or ... | |
| rifle ownership | 2/8/2010 |
| Q: I plead guilty to simple assault in the state of PA for making a threat. I received a fine and ... A: Federal law considers one a "prohibited person" if he or she has been convicted in any court of a ... | |
| The right to own a rifle | 2/2/2010 |
| Q: In the mid to late eighties i convicted of a class B felony.Did my time paid my fines took care of ... A: If your felony was expunged and you have had no subsequent felony convictions or domestic violence ... | |
| 2nd amendment | 1/28/2010 |
| Q: I was convicted of felony gun possesion and served 2 years in prison, ny. the reason i carried was ... A: Under current federal law you do not have a Second Amendment right to possess a gun if you are a ... | |
| ccw denial | 1/26/2010 |
| Q: 1n 1984 i had a gun in a zippered gun pouch in my car and was arrested for conceal carry ... A: Of course you can get a lawyer to help you out. Why do you think you couldn't? Open up your local ... | |
| wait period | 12/14/2009 |
| Q: I live in Erie County; I put in my PP application on March 4th 2009. As of today I am told, I should ... A: You are certainly within your rights to ask for a written explanation. In fact, the county was ... | |
| wait period | 12/10/2009 |
| Q: I live in Erie County; I put in my PP application on March 4th 2009. As of today I am told, I should ... A: "Is this a just and reasonable time period or does it cross the line into being an unjust delay of ... | |
| misdemeanor | 12/9/2009 |
| Q: i recently went to buy a rifle for the range i live in Suffolk county long island New York and was ... A: A misdemeanor domestic violence conviction makes one prohibited from possessing firearms under ... | |
| Federal Law | 12/7/2009 |
| Q: I've read that Federal Firearms laws prohibit persons from owning firearms for crimes punishable by ... A: The short answer is, "Maybe." Some misdemeanors in some states have terms of imprisonment for over ... | |
| NYS Misdemeanor DUI | 12/2/2009 |
| Q: I am a NYS resident who lives in Nassau County, Long Island. I was arrested for a misdemeanor DUI ... A: A misdemeanor DUI is not an impediment to legally purchasing a rifle in New York. The "certain ... | |
| NICS delay | 11/21/2009 |
| Q: It is very helpful. I attempted to purchase my first rifle(long gun)in upstate NY. That was last ... A: Your first question is, how long can the FBI delay the decision. If the dealer has not received from ... | |
| 2nd Amendment vs. 9th Amendment, etc. | 11/18/2009 |
| Q: Many argue the 2nd A is only a group, or militia right, but not an individual right. Even if this ... A: Many used to argue that the 2A protects only a group or militia right, but not many can argue that ... | |
| ny disqualifying misdemeanor for firearms possession | 11/17/2009 |
| Q: What misdemeanor offenses will prevent a NY resident from purchasing a firearm? A: There are two parts to this answer. 1) Any misdemeanor where domestic violence was an element will ... | |
| certificate of good conduct | 11/11/2009 |
| Q: I do not own any firearms now but would like to hunt with a big game permit in the future. From the ... A: There is a very big difference between a federal felony conviction and a state felony conviction for ... | |
| certificate of good conduct | 11/11/2009 |
| Q: I do not own any firearms now but would like to hunt with a big game permit in the future. From the ... A: A federal CGC does not restore your firearm rights. As explained above, those rights can only be ... | |
| certificate of good conduct | 11/11/2009 |
| Q: I do not own any firearms now but would like to hunt with a big game permit in the future. From the ... A: A federal felony cannot be expunged by a New York State Certificate of Good Conduct, or even a state ... | |
| curios and relics firearms | 11/1/2009 |
| Q: I live in upstate NY. I have an 03' FFL. Can I purchase handguns that are curio and relics, from ... A: Yes, you may bring guns into the state with your 03 FFL and add them to your state pistol license. ... | |
| Rifle Purchase | 10/30/2009 |
| Q: In a previous answer you indicated: With the relief from civil disability, one may purchase a rifle ... A: If the CRD was obtained "a few years back" FBI should have the updated information. The simplest ... | |
| LAW | 10/29/2009 |
| Q: I seen on TV not long ago that out of state carry permits were going to be good in any state,now I ... A: There have been various bills introduced into the United States Congress that would require states ... | |
| EX-FELON HUNTING? | 10/28/2009 |
| Q: I was convicted of a felony D.W.I. IN 2007. I was incarcerated for 14 months. I live in Onondaga ... A: A traditional-style muzzleloading long arm is not a firearm under federal law and is not regulated ... | |
| EX-FELON HUNTING? | 10/27/2009 |
| Q: I was convicted of a felony D.W.I. IN 2007. I was incarcerated for 14 months. I live in Onondaga ... A: A convicted felon may not possess firearms or ammunition unless his conviction is expunged or set ... | |
| hand gun permit | 10/17/2009 |
| Q: I got a DUI in long island ny in 2001 and another one in 2004. Would I get denied for a hand gun ... A: There is no way to answer that question with certainty because the issuance of a handgun license in ... | |
| right to own and possess firearms | 10/12/2009 |
| Q: I live in New York State. I was issued a Certificate of Relief from Disabilities after a felony ... A: This is not a Second Amendment or right to keep and bear arms question, but a criminal justice ... | |
| Nics denial | 10/7/2009 |
| Q: I recently tried to buy a shotgun at walmart here in MN. I was denied a firearms transfer. I have a ... A: Somebody convicted of a domestic violence misdemeanor is permanently prohibited from possessing ... | |
| Nics denial | 10/6/2009 |
| Q: I recently tried to buy a shotgun at walmart here in MN. I was denied a firearms transfer. I have a ... A: Most muzzleloaders are not considered firearms under federal law, and no NICS check is required if ... | |
| hunting while on probation | 10/5/2009 |
| Q: i am 17 and am on probation for a class D felony. when i went to court i pleaded guilty as a ... A: Anybody on probation should check with his or her probation officer with questions like this since ... | |
| NCIS | 10/1/2009 |
| Q: and thank you for viewing my question. When a Certificate of Relief has been authorized without ... A: This is a question best addressed directly to FBI-NICS Customer Service at 1-877-444-NICS (6427). ... | |
| application process | 9/28/2009 |
| Q: COULD YOU GIVE ME THE WEB ADDRESS FOR THE APPLCATION DOWNLOAD FOR RESTORING MY GUN RIGHTS IN N.Y.S. ... A: To restore firearm rights after a felony conviction in a New York State court, one needs to obtain a ... | |
| muzzleloader and rifle longer than 26 inches. | 9/27/2009 |
| Q: I'm a NYC resident with a NYS and PA hunting license. I would like to buy a muzzleloader and rifle ... A: There is nothing in New York City law requiring a NYPD Rifle/Shotgun permit to possess an ... | |
| Charged with a felony and granted youthfull offender | 9/27/2009 |
| Q: I pleased guilty to a felony and was granted youthful offender status which seals my record am i ... A: Generally speaking, under the federal Gun Control Act, a person who has been convicted in any court ... | |
| Pistol permit | 9/6/2009 |
| Q: I am 29 years old and will be given a bunch of hand guns from my father when he passes or before he ... A: If none of your convictions was for a felony or a domestic violence misdemeanor, then you are not ... | |
| Bad Conduct Discharge | 8/31/2009 |
| Q: Does a Bad Conduct Discharge disqualify me from owning a blackpowder firearm? A: Replica muzzleloading rifles and shotguns are not considered "firearms" under federal law. Thus, ... | |
| Returning firearms to owner after beng incarcerated | 8/27/2009 |
| Q: my father was sentenced to 6 years in prison for vehicular manslaughter, while intoxicated,which i ... A: If your father was sentenced to 6 years in prison, it most certainly was a felony conviction. As a ... | |
| pistols brought back from WWII | 8/23/2009 |
| Q: Firriolo, I would like to know if there is any legal way to register pistols that were brought back ... A: There is already a procedure in NYS law that allows one to lawfully transport an unregistered ... | |
| pistols brought back from WWII | 8/23/2009 |
| Q: Firriolo, I would like to know if there is any legal way to register pistols that were brought back ... A: While I can't swear to what NCPD is doing today, I do know that in years past, when this situation ... | |
| NICS DENIAL | 8/19/2009 |
| Q: I was recently denied a firearm transfer after the NICS check. I have made a written request for ... A: I am not aware of the current time frame for appeals. That's a question best asked directly to FBI's ... | |
| Is a muzzleloading shotgun a firearm? | 7/31/2009 |
| Q: Would I (a convicted DWI felon), be able to hunt waterfowl with a muzzleloading shotgun in Wayne ... A: You will have to consult the NYSDEC hunting regulations to see if you can lawfully hunt waterfowl ... | |
| Matchlock pistols and rifles | 7/28/2009 |
| Q: I am a NY state resident and live on Long Island and I wanted to know about any laws prohibiting ... A: Muzzle-loading pistols (antiques and reproductions) do not require a license in NYS unless you ... | |
| Voting and Right to Bear Arms NYS convicted felon | 7/23/2009 |
| Q: I presently live in Florida. I was convicted in NYS of a non violent feony in 1999. Sentenced to 6 ... A: This is not a Second Amendment question but I will try to assist. You will need to deal with New ... | |
| Gun Purchase in NY State | 7/22/2009 |
| Q: In 2003 I plead guilty to felony DWI. I was sentenced to 5 years probation which I will complete ... A: Follow this link: ... | |
| Stops on the way to or from range | 7/8/2009 |
| Q: I have a Nassau County, NY carry permit restricted to "target and range." Can I make stops to and ... A: This is not a Second Amendment or Right to Keep and Bear Arms question, but I'll try to assist you. ... | |
| Can a marijuana charge deny you a pistol permit | 5/28/2009 |
| Q: In 1997 I pleaded guilty to unlawful possession of marijuana and for being on park property at ... A: Since the issuance of a pistol license has been held by the highest state court to be a privilege, ... | |
| NiCS Denied in NYS | 5/4/2009 |
| Q: I had asked the question below last week and received an answer. However I just obtained my ... A: Most misdemeanor convictions and Youthful Offender adjudications do not disqualify one from owning ... | |
| Possible NICS denial | 4/21/2009 |
| Q: I plead guilty to possession of a Control Substance Class A misdemeanor in 1993 Paided a fine and 15 ... A: The question does not make sense. If you were denied by NICS, there is no waiting period. That's the ... | |
| proper cause | 4/20/2009 |
| Q: Firriolo I live in Syracuse NY. i actually have 3 questions. I am in the process of writing my ... A: I do no understand the question. There is no "process to go through the state legislature." If your ... | |
| NYC business permit | 4/17/2009 |
| Q: Robert, You may not recall, but you were very helpful last December with my question regarding a ... A: You bet that first question is rhetorical. Logic is not a prerequisite for gun regulations, ... | |
| youthful offender and purchasing a long gun | 4/13/2009 |
| Q: I was given Y.O. status in 1991 in upstate ny for a attempted burgulary. The charge was put together ... A: Generally speaking, under the federal Gun Control Act, a person who has been convicted in any court ... | |
| FFl denied transfer of firearm | 4/10/2009 |
| Q: I went to a local FFL in Texas to purchase a firearm and was told by the attendant that he could not ... A: A dealer is pretty much free to do whatever he or she wants to. If the dealer spots something on the ... | |
| carry concealed pistol/online muzzleloader order | 4/9/2009 |
| Q: Monroe county, New York. As I understand it, the court has the right to say whether or not ... A: In answer to your first question, you are correct in your understanding. Courts interpreting Penal ... | |
| Suffolk County questions | 4/7/2009 |
| Q: I'm considering applying for a pistol permit in Suffolk County New York. I want a permit which will ... A: I cannot give you legal advice and tell you how to fill out your application. Moreover, you say you ... | |
| Pistol Permit Application Denial | 4/2/2009 |
| Q: I'm currently going through the steps in filling out my pistol permit application (carry concealed, ... A: There would be nothing to stop you from submitting an application for a premises license if you were ... | |
| Pistol Permit Application Denial | 3/25/2009 |
| Q: I'm currently going through the steps in filling out my pistol permit application (carry concealed, ... A: You do not state whether you are applying for a carry or premises license. For a premises license, ... | |
| pistol permits | 3/21/2009 |
| Q: Ok so my permit says restrictions target, hunting... So does this mean I have a concealed carry ... A: It would have been helpful if you said what state issued the permit. Assuming you're in New York, a ... | |
| Gun Buy Gone Bad | 3/19/2009 |
| Q: I bought a rifle on a popular online sight. I followed the instructions as were described. This was ... A: Your questions are confusing and really go beyond the scope of this forum topic, which is the Second ... | |
| handgun permiting | 3/12/2009 |
| Q: I was arrested for misdemeanor marijuana possession almost 20 years ago( plead to disorderly ... A: You could have saved me some time if you said you are in Vermont. Vermont has no requirement of a ... | |
| handgun permiting | 3/12/2009 |
| Q: I was arrested for misdemeanor marijuana possession almost 20 years ago( plead to disorderly ... A: There is no way to answer your question with certainty because you do not say what jurisdiction ... | |
| Pistol permit | 3/9/2009 |
| Q: I am 29 years old. I am intersted in a career in law enforement which will likely require me to ... A: The additional information is somewhat helpful but your ultimate question still cannot be answered ... | |
| Pistol permit | 3/9/2009 |
| Q: I am 29 years old. I am intersted in a career in law enforement which will likely require me to ... A: You do not say in which jurisdiction you intend to apply for a pistol permit, so it is impossible to ... | |
| pistol permit | 3/5/2009 |
| Q: I am a soldier returning from OEF Afganistan just did 1 year combat tour there i would like to get ... A: If you are a convicted felon then you are prohibited from possessing firearms and ammunition under ... | |
| Buying a gun in New York | 3/2/2009 |
| Q: In 2003 I plead guilty to felony DWI. I was sentenced to 5 years probation which I have completed. ... A: Your first question is, "Should my appeal be successful?" If the felony DWI conviction, for which ... | |
| disqualifications for obtaining a pistol liscense | 2/28/2009 |
| Q: i was wondering what kind of record would bar you form obtaining a pistol permit in nassau county ... A: There is no certain answer to your question because there is no list of misdemeanor convictions ... | |
| expunged simple assault | 2/25/2009 |
| Q: Robert P.Firriolo: I am considering joining the military services. Six years ago I was charged for ... A: In United States v. Hayes, the United States Supreme Court ruled yesterday that a predicate offense ... | |
| Felon Firearm Possesion | 2/20/2009 |
| Q: Can you define "Possession". I have a friend who is a convicted felon. He wants to go to a ... A: Generally speaking, one does not need to have title to, or "own," a gun to be in possession under ... | |
| NYC Rifle Permit | 2/18/2009 |
| Q: When I was 17 my parents sent me to a rehab for lesser drug (pot) and alcohol abuse, i was there for ... A: I agree that "confined" is vague, but the requirement to disclose even outpatient treatment makes ... | |
| NYC Rifle Permit | 2/18/2009 |
| Q: When I was 17 my parents sent me to a rehab for lesser drug (pot) and alcohol abuse, i was there for ... A: There is no way for me to know in advance whether you will be denied a permit. The NYPD will ... | |
| new york city rifle permit | 2/17/2009 |
| Q: I was thinking of applying for a new york city rifle permit so i can do some target shooting at a ... A: Your criminal history could be considered remote enough in time and not too serious, but there is no ... | |
| NY Pistol permit ? | 2/9/2009 |
| Q: Greetings, My friend is currently applying for a NY pistol permit (saratoga Cty). On the ... A: Failure to answer the questions on the pistol license application accurately can result in the ... | |
| felony conviction for fishing violation in md | 2/8/2009 |
| Q: mr firriolo will i be allowd to hunt with a bow or muzzleloader or ever get my gun rights back i ... A: If you have been convicted of a felony in federal court, you are a prohibited person and may not ... | |
| NCIS delay | 2/3/2009 |
| Q: Mr. Firriolo, I went to a dealer today and was "delayed" by the FBI NCIS via phone call by the ... A: Mike, an arrest alone (as opposed to a conviction) does not make you a prohibited person under ... | |
| Felony arrest, class A non violent misdemeanor, and NICS? | 1/31/2009 |
| Q: Mr. Firriolo, I thank you for taking the time to answer my question regarding NCIC and NYS gun ... A: I am not sure what you are asking me to advise you about. First of all, I cannot give you legal ... | |
| NICS DENIAL | 1/30/2009 |
| Q: Tried to purchase firearm, NICS said "denied." Contacted NICS for appeal and the letter said I was ... A: I am not sure what help I can offer you. It appears you are doing what you need to do to by calling ... | |
| Acquiring Gun Permit | 1/28/2009 |
| Q: I am a resident of Watertown Connecticut currently registering for a pistol permit. I am attending ... A: This is really a question of Connecticut law. Also, I cannot give you legal advice. What I can tell ... | |
| Misdemeanor conviction and getting CCW | 1/24/2009 |
| Q: I live in upstate Broome County NY. Sometime around 1979 I plead guilty to a misdemeanor fireworks ... A: It is important to answer every question on a firearm license application as accurately as possible. ... | |
| gun charges | 1/15/2009 |
| Q: if there are four people in a car including the owner of the car, and the police find 1 gun in the ... A: I'm not sure what this has to do with the Second Amendment and the right to keep and bear arms. The ... | |
| muzzle loader laws in ny. | 1/12/2009 |
| Q: Are inline muzzle loaders considerd a weapon in ny state? A: I'm not sure what you mean by the term "weapon." In New York, there are certain crimes which involve ... | |
| right to carry out of residence state | 1/12/2009 |
| Q: I currently hold a personal protection permit issued by Indiana. I have applied for and see no ... A: I don't maintain a database of states that recognize other state's licenses. That information is ... | |
| "Antique" Mauser - NYS Legal Status? | 1/10/2009 |
| Q: I've got a Mauser rifle made before 1898, so it's an "antique" firearm. I'm wondering what the ... A: While you are correct that a rifle made before 1898 is not a firearm under federal law, it is still ... | |
| C&R FFL 03 in New York City | 12/22/2008 |
| Q: I have a somewhat complex question. I am a renter in NYC, an NYPD officer, and am getting a C&R ... A: There is nothing in state or federal law that prohibits shipment of C&R long guns to your home in ... | |
| Gun Purchase denial | 12/21/2008 |
| Q: What is the proper definition "Anyone who has been adjudicated as a mental defective or has been ... A: Here are the relevant regulations which define the terms of interest to you: 27 CFR 178.11 ... | |
| Transporting laws | 12/16/2008 |
| Q: What other atates recognize NYS CC permit, if any? Also, I travel to Tennessee alot for work, is ... A: I don't maintain a database of states that recognize other state's licenses. That information is ... | |
| handgun permit NYC/NYS | 12/12/2008 |
| Q: I wish to apply for a New York City handgun permit. I already have a shotgun permit. My question ... A: I wish I could tell you something more definite about using the Hunting Exemption, but I cannot. I ... | |
| handgun permit NYC/NYS | 12/11/2008 |
| Q: I wish to apply for a New York City handgun permit. I already have a shotgun permit. My question ... A: NYPD basically makes up whatever types of licenses suit their needs, even if such licenses are not ... | |
| youthfull | 12/3/2008 |
| Q: i was charged with sale of a firearm @ 17 n convicted got 5 yrs probation ran a background check ... A: If you were given youthful offender status and were not convicted of a felony, then you are not ... | |
| youthfull | 12/3/2008 |
| Q: i was charged with sale of a firearm @ 17 n convicted got 5 yrs probation ran a background check ... A: Criminal sale of a firearm is a felony in New York. Under the federal Gun Control Act, a person who ... | |
| C&R FFL Licenses | 11/24/2008 |
| Q: If one applies and gets a C&R FFL license ($30.00/3 years) and decides to purchase a ... A: Obtaining a C&R FFL would not give the federal government the right to access your home at any time ... | |
| Posession of firearm with certificate from relief from disabilaties. | 11/23/2008 |
| Q: I currently poses a certificate of relief from disabilities, excluding the right to run for public ... A: I cannot give you legal advice, but you can find the answer to your question about possessing a ... | |
| target practice | 11/23/2008 |
| Q: Are there any limitations for the safe discharge of a weapon at a target, ie. does the target have ... A: There is no practical way to fully answer this question since you don't say what state you're asking ... | |
| Arrest record and CCW permit | 11/19/2008 |
| Q: I am in the process of applying for a concealed carry permit in NY State. Between November of 2004 ... A: Yes, I think you will have a problem. It would have been helpful if you stated what county you are ... | |
| handgun purchase | 11/16/2008 |
| Q: I'm a new york resident and I was wondering can I use my Florida or Virginia non resident ccw ... A: I am a little unclear about all of what you're asking, but I'll try to answer as best I can. ... | |
| Conceal | 11/12/2008 |
| Q: I just have a personal one not Business. My question is how do i conceal it do i have to by law ... A: The license to carry in New York State is a concealed carry license only. There is no provision for ... | |
| ccw denial | 11/10/2008 |
| Q: I just received my NYS pistol permit. I originally applied for a business carry, as I am a self ... A: It would have been helpful if you told me what county you are dealing with. However, generally ... | |
| Muzzleloader mailorder purchase in NY | 11/4/2008 |
| Q: Nassau County Resident wishes to purchase a muzzleloader though an internet dealer. May the rifle ... A: Traditional muzzleloaders are not considered firearms under federal law. Therefore, no FFL is ... | |
| restoring my gun rights | 10/14/2008 |
| Q: When i was 20 years old,I was convicted of selling $30.00 worth of narcotics in New York state.I ... A: You do not say whether you were convicted of a felony or a misdemeanor. Assuming it was a felony, ... | |
| 20 year old felony conviction | 10/4/2008 |
| Q: Twenty years (almost 21) years ago I was convicted, in NY, of a Class B felony for possession of a ... A: Because you were convicted of a felony, you are a "prohibited person" and may not possess firearms ... | |
| law name | 9/24/2008 |
| Q: Do you know what the law name for the gun control in san fransico is? A: Your question is not clear and I am not really sure what you are asking. There are doubtless ... | |
| juvenile/felony | 9/18/2008 |
| Q: I got a felony when i was a juvenile (15) I am now about to be 25 in a few days. I went to register ... A: Generally speaking, in Delaware you are prohibited from purchasing or possessing a firearm if you ... | |
| juvenile/felony | 9/18/2008 |
| Q: I got a felony when i was a juvenile (15) I am now about to be 25 in a few days. I went to register ... A: You do not indicate whether the conviction was in federal court or a state court, and if it was a ... | |
| Rifle denial | 8/5/2008 |
| Q: I have a few handguns that I have legaly purchased in the past and soI go to buy an AR-15 and after ... A: The question "why is this happening" is impossible for me to answer without knowing more information ... | |
| owning a rifle | 7/22/2008 |
| Q: i was convicted of a non volient crime back in '94 in NC and since moved to new york i was wondering ... A: A felony conviction in any state makes you a "prohibited person," which means you cannot own ... | |
| restore gun rights | 7/19/2008 |
| Q: Assuming one lives in Upsate NY and had a Concealed Carry License. Had a felony conviction in ... A: The person's license was likely revoked by the issuing agent and is invalid even though it was not ... | |
| muzzle loaders | 7/1/2008 |
| Q: I was convicted of a drug posession charge 3 years ago. Can i purchase and hunt with a muzzle ... A: Being "charged" with a crime three years ago will not effect your right to possess a firearm. A ... | |
| second amendment | 4/15/2008 |
| Q: how does the second amendment affect usa today A: That is an extremely broad, almost philosophical question. It is almost impossible to answer ... | |
| buying a gun? | 4/10/2008 |
| Q: .I had a dwi 1st offense (it is a misdeamnor) last year in october i pleaded guilty to it i live in ... A: Federal law considers one a "prohibited person" if he or she has been convicted in any court of a ... | |
| antique vs curio and relics | 3/31/2008 |
| Q: I want to know where the difference lies between antique firearms and firearm curio and relics. Do ... A: Under federal law, any non-prohibited person could receive a firearm, including a C&R, intrastate ... | |
| antique vs curio and relics | 3/28/2008 |
| Q: I want to know where the difference lies between antique firearms and firearm curio and relics. Do ... A: The federal Gun Control Act of 1968 defines an antique firearm as any firearm (including any firearm ... | |
| Erie County NY Unrestricted Permit | 3/27/2008 |
| Q: I live in erie County in NYS and am looking to apply for a permit. Can I get an unrestricted permit ... A: I am not sufficiently familiar with Erie County licensing practices to answer your question. ... | |
| antique firearms | 3/25/2008 |
| Q: ...does federal gun laws apply to antique firearms in every state ....are matchlock,flintlock or ... A: I am a bit confused by your questions, but I will do my best to answer as many of them as I can. ... | |
| antique firearms | 3/25/2008 |
| Q: ...does federal gun laws apply to antique firearms in every state ....are matchlock,flintlock or ... A: Federal laws, including gun laws, apply in all 50 states. Most kinds of muzzleloading guns, ... | |
| Gun purchase | 3/20/2008 |
| Q: I have a gun card in Illinois and I would like to purcgase hand gun fro Indiana from privet party ... A: If you do not have a dealer's federal firearm license (FFL), you cannot receive a modern firearm ... | |
| gun rights after a felony | 3/19/2008 |
| Q: I was convicted of conspiracy to transport firearms in 2001.Sentanced to a year and a day in a min. ... A: Although there is a provision in federal law for a "relief from disability" which would restore your ... | |
| ffl | 3/6/2008 |
| Q: Do you need an FFL to purchase a firearm online? if so how do you go about getting one? if it makes ... A: Technically speaking, you do not need an FFL to "purchase" a firearm online. However, you do need to ... | |
| Legality of defence | 2/12/2008 |
| Q: I have an unregistered gun and I would like to know under what circumstances would it be legal for ... A: You do not indicate what state you live in, so it makes it impossible to definitively answer the ... | |
| Owning a FFL required firearm | 1/30/2008 |
| Q: I am Ex-Military and wished to purchase parts to build a AR15/M16/M4 and its says a FFL is required. ... A: In order to purchase a lower receiver for an AR15 across state lines you would need to be a Type 1 ... | |
| Firearm possession | 1/23/2008 |
| Q: I am a resident of Indiana and pleaded guilty to a felony on a STATE charge. Under Indiana law, my ... A: I believe the answer is that it does not matter what the sentence was. If you pled guilty to (and ... | |
| Firearm possession | 1/23/2008 |
| Q: I am a resident of Indiana and pleaded guilty to a felony on a STATE charge. Under Indiana law, my ... A: Federal law considers one a "prohibited person" if he or she has been convicted in any court of a ... | |
| Antique Firearm New twist | 1/13/2008 |
| Q: My Husband was convicted of Federal Felony (tax fraud)not violent and not substance related, and ... A: The legal status of any new firearm technology will be initially subject to a review by the BATFE. ... | |
| Community Manager with firearm | 12/19/2007 |
| Q: I am a homeowner in a private community and wanted to know what is the law about a Community Manager ... A: I assume that when you say "put a deer out of their misery" you are referring to an injured deer ... | |
2nd Amendment and Right to Bear Arms
Answers by Expert:
Robert P. Firriolo
Top Expert on this page
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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