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  1. #1
    Join Date
    Jul 2012
    Posts
    2

    Default Convicted in One State but Reside in Another and Seeking Civil Rights Restoration

    My question involves criminal records for the state of: New York. I have felony conviction charges from an incident that took place in 1988 In New York when I was a teenager. Since paying my dues to society with 1 year in jail and 2 on probation, I have gone to college, Have maintained a public service career for the past 15 years, have been a productive member of society, have a family, and own a home. I am seeking Civil Rights Restoration in order to be able to posses a firearm in order to protect what I have worked so hard to acquire and for the protection of those I love. I have lived in Maine for the past 20 years and I am wondering how to go about seeking Civil Rights Restoration since the firearm possession will be in the State of Maine but the conviction was in the State of New York. Who do I request the restoration from... the State of New York or the State of Maine?

    Thank you for any help or knowledge that can be offered.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,978

    Default Re: Convicted in One State but Reside in Another and Seeking Civil Rights Restoration

    For New York, you will need to get your civil liberties restored, specifically including your firearms rights, by obtaining a Certificate of Relief from Disabilities. Your rights must be fully restored as defined under federal law, or you'll continue to be prohibited from possessing a firearm under federal statutes; it appears that a Certificate of Relief from Disabilities fully restoring your rights will be sufficient to satisfy your needs under federal law. (Here's a brief overview of New York's law (PDF).)

    Maine law provides that it is unlawful for any person who has been convicted of a felony to possess any firearm. New York does not set aside convictions, so I cannot promise you that Maine would recognize the Certificate of Relief from Disabilities as permitting you to possess a firearm under Maine law. As it seems that well more than the minimum five years have passed since you were finally discharged from your sentence, you may apply to the Commissioner of Public Safety for a permit to carry a non-concealed firearm. But whatever you do in Maine, you must follow the New York procedures above to properly restore your rights and to avoid committing a federal crime by possessing a firearm.

  3. #3
    Join Date
    Jul 2012
    Posts
    2

    Default Re: Convicted in One State but Reside in Another and Seeking Civil Rights Restoration

    Thanks, Mr. Knowitall.

    I will consider the Maine Law and apply to NYS for the CRD.

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