Getting a Pistol Permit with a Drug Conviction

[Saberman]

My question involves criminal law for the state of: New York - Sufflok County

Hi,

New member here. I am 49 years old. I have lived in NY my whole life except for 18 months in Lousiana. When I was 18 back in 1977 i had just moved to La. and was sitting in the back seat of a car of a guy I had just met. He pulled into an apartment complex and pulled up to some guy and handed him something , and one month later I was arrested for Distribution of a controled substance 1 gram of PCP. I pleaded guilty instead on going to trial, plea bargin. the sentence was 18 months in a state prison. I was placed on probation. 2 year active probation, and $100 fine. I moved back to NY and was released from my probation early for good behavior. Fast forward 32 years, full grown adult ,family home, wife, career, dog. I wasnt to apply for my pistol permit to own a handgun and go to the shooting range for target practice. I have not had so much as a parking ticket in 32 years. I have heard of things like restoration of gun rights and relief from disability. Getting my pistol permit is very important to me. I do not even know if it would show up from La. 32 years ago. I have my Pistol application but i'm afraid to fill it out because I don't want to get rejected. Any advice would be greatly appreciated. I have been suffering for this for 32 years, Enough is enough.

Thanks

[OhMy]

My question involves criminal law for the state of: New York - Sufflok County

Hi,

New member here. I am 49 years old. I have lived in NY my whole life except for 18 months in Lousiana. When I was 18 back in 1977 i had just moved to La. and was sitting in the back seat of a car of a guy I had just met. He pulled into an apartment complex and pulled up to some guy and handed him something , and one month later I was arrested for Distribution of a controled substance 1 gram of PCP. I pleaded guilty instead on going to trial, plea bargin. the sentence was 18 months in a state prison. I was placed on probation. 2 year active probation, and $100 fine. I moved back to NY and was released from my probation early for good behavior. Fast forward 32 years, full grown adult ,family home, wife, career, dog. I wasnt to apply for my pistol permit to own a handgun and go to the shooting range for target practice. I have not had so much as a parking ticket in 32 years. I have heard of things like restoration of gun rights and relief from disability. Getting my pistol permit is very important to me. I do not even know if it would show up from La. 32 years ago. I have my Pistol application but i'm afraid to fill it out because I don't want to get rejected. Any advice would be greatly appreciated. I have been suffering for this for 32 years, Enough is enough.

Thanks

You do not qualify for gun ownership.

It will be a waste of time to try and purchase a gun.

It is also against the law for a felon to be in possession of a firearm.

[Saberman]

You do not qualify for gun ownership.

It will be a waste of time to try and purchase a gun.

It is also against the law for a felon to be in possession of a firearm.

I don't think your info is correct. First of all I can own any rifle or shotgun as long as the barrel is 18 inches minimum. I spoke to one lawyer and he said it was possible to get a permit for a handgun if if I got certian things taken care of. I really need advice from experts on this one. but thanks anyway .

[OhMy]

I don't think your info is correct. First of all I can own any rifle or shotgun as long as the barrel is 18 inches minimum. I spoke to one lawyer and he said it was possible to get a permit for a handgun if if I got certian things taken care of. I really need advice from experts on this one. but thanks anyway .

I am a federal law enforcement agent. I know the firearms laws. If you get caught with any firearm as a convicted felon you best be prepared to spend quite some time in prison

[Saberman]

Oh My,

You sound like you're mad at me for even asking this question. It's bad to have a preconcieved notion about a persons character. I assure you I am an honorable person and a contributing member of society. That being said, is it possible that you are unaware of certian laws in New York that would allow a person to have their gun rights restored or relief from disability? I have been told by lawyers that there are things that can be done. It can't be so black and white. I was also told that it is up to the lisencing officer to make the final call. I mean seriously if a person who has led an exemplary life for the last 32 years can not get a permit to go to the shooting range for target practice or ever be able to go hunting with a rifle or shotgun as a hobby I think that is bad. I get the privalidge of paying over 100k a year in taxes to this country, where are my rights........? Is it really fair that I suffer for the rest of my life for a stupid incident that happened when I was 18. If I live to 80 is it fair that I pay and am concidered a threat to society for 62 years?

[seniorjudge]

http://www.nycourts.gov/courts/10jd/...dist/RCD.shtml

Obviously, you need to hire a lawyer to help you.

[Saberman]

Seniorjudge,

Thanks for your post it was very helpful...............

Saber

[divemedic]

Under Federal law, it is illegal for any convicted felon to be in possession of a firearm. It is illegal for a convicted felon to even attempt to be in possession of a firearm. There is a provision in the law for a person to have their rights restored, but congress has defunded the office responsible for restoring felon's firearms rights, with the result that no felons have had their rights restored in years.

The above link means nothing, as state law cannot trump this federal law. It is illegal for a convicted felon to possess or attempt to possess a firearm or ammunition.

You are out of luck because you are a convicted felon, not because of your character. Period. Here is a link to the law. Don't shoot the messenger, I am just telling it like it is. (For the record, I disagree with this law, but the law is what it is) Read the applicable part below:

18 USC 922:

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

and later in the chapter:

(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

<snip>

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

[OhMy]

Don't shoot the messenger, I am just telling it like it is.

You are safe, I have been saying this all along. He can not obtain a firearm to shoot the messenger