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
. 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).