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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default New York State Felony and Getting a Firearm

    My question involves criminal records for the state of: New york State. I was convicted of an E Class Felony 5 years ago. It was non violent(basically taking money from the register of a business I worked at). I paid all restitution plus attorneys fees and interest by about a year and a half ago. I am living in North Carolina now and wonder what I would have to do in order to possess a firearm legally? I have searched and it seems I would just get a Certificate of Good conduct from the court in New York and I have my rights restored and may purchase a gun. The reason I would like a gun is that I am self employed and would like to have one for protection. Does anyone have any experience with this and the amount of time it may take to do this?

  2. #2
    Join Date
    Jan 2006
    Posts
    27,021

    Default Re: New York State Felony and Getting a Firearm

    from what I can find, to obtain a permit to carry in NC, you must first have your firearm rights restored in NY


    A permit may not be issued to the following persons:(1) One who is under an indictment or information for or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony in a court of any state or in a court of the United States and (i) who is later pardoned, or (ii) whose firearms rights have been restored pursuant to G.S. 14‑415.4, may obtain a permit, if the purchase or receipt of a pistol permitted in this Article does not violate a condition of the pardon or restoration of firearms rights.
    I found this regarding restoring your rights in NY


    http://www.sentencingproject.org/doc...es/NewYork.pdf:

    Firearms: A Certificate of Relief from Disabilities may expressly restore firearm
    rights. N.Y. Correct. Law 700(1)(a), 701(1). It is not clear whether a CRD can
    provide relief from the federal firearms bar.



    Process: Application for CRD at www.courts.state.ny.us/6jd/forms/dmv/dp-52.pdf.
    The court may request an investigation from the probation service, and a written
    report. 702(3). If a CRD is sought from the Parole Board after service of a prison
    term, the process may take several months. See
    http://parole.state.ny.us/ParoleCert.pdf. Certificate may be temporary during the
    period of parole, and becomes permanent if not revoked. “In granting or revoking a
    certificate of relief from disabilities the action of the board of parole shall be by
    unanimous vote of the members authorized to grant or revoke parole. Such action
    shall be deemed a judicial function and shall not be reviewable if done according to
    law.” 703(5).
    The process for seeking a CGC is more or less the same, except that an applicant
    must satisfy the “good conduct” waiting period specified in 703-b(3). The
    waiting period “shall be measured either from the date of the payment of any fine
    imposed upon him or the suspension of sentence, or from the date of his unrevoked
    release from custody by parole, commutation or termination of his sentence.” Id.
    The board “shall have power and it shall be its duty to investigate all persons when
    such application is made and to grant or deny the same within a reasonable time
    after the making of the application.” Vote by whole board, or of a unanimous threemember
    panel. 703-b(1).

  3. #3
    Join Date
    Dec 2011
    Posts
    203

    Default Re: New York State Felony and Getting a Firearm

    Makes no difference what any statute might say. NEVER is going to happen.

    The only way is a pardon from the governor of the state where your conviction was.

    Not a chance.

    Talk to lawyers. Spend lots of money. Remember this. Not a chance.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,021

    Default Re: New York State Felony and Getting a Firearm

    Quote Quoting Conrad Hunter
    View Post
    Makes no difference what any statute might say. NEVER is going to happen.

    The only way is a pardon from the governor of the state where your conviction was.

    Not a chance.

    Talk to lawyers. Spend lots of money. Remember this. Not a chance.
    while looking around for what I found, I read that actually, NY is quite liberal with their restoration with many simply getting a rubber stamp approval. While I understand the enforcement of their gun carry laws is quite the opposite, it does seem to be contradictory in how they deal with situations.

    and it does not require a pardon from the governor. As was stated in my post above, this is done through some board and does not required the governors attention.

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