Owning a Shotgun After Getting a DUI Felony
My question involves criminal law for the state of: NY. I own a shotgun and keep it mostly at home defense against theft. I have just recently been charged with felony DUI in Long Island and it seems like the charge may stick depending on how things go of course. What are my options for the firearm?? Do I have to dispose of it? Give it back to the seller(Dicks sporting goods), or can I sell it to another member of the home and have it locked away from me and my bedroom? Also, how much time would I have to get this all done after the actual felony charge gets put on my record? Will police and/or Feds bust in my door the next day or same week demanding the weapon? Thank you in advance for any helpful answers. I want to comply with all laws but I have a lot running through my mind considering I'll probably lose my job and all my college will go down the drain because of the felony and will have to be a waiter for the rest of my life. Thank you again for anything helpful.
Re: Owning a Shotgun After Getting a DUI Felony
Prior to your being convicted, you can entrust the shotgun to a relative, contact your local police agency about surrender procedures, or similarly get it out of your possession. I'm not going to speculate about transfers to somebody else in your home, not knowing anything about your living arrangement, and if you choose to live in a home that includes shotguns and other firearms I suggest discussing the logistics with your lawyer.
Firearms rights in New York may be regained by a pardon, or by your receiving a Certificate of Relief from Disabilities or Certificate of Good Conduct, although the document must specify that firearms rights are restored. See New York Penal Law, Sec. 265.20(5).
Re: Owning a Shotgun After Getting a DUI Felony
I hold an FFL.
Given that you're in NY, which isn't known for having lenient firearm laws, I would not give the shotgun to someone who lives in the home with you.
I would advise you to take it to a local dealer, either for a straight-up sale, or to put on consignment. Typically you'll get more cash from a consignment but you have to wait a while until the gun sells.
ATF provides a list of all licensees and their contact info at https://www.atf.gov/firearms/listing...sees-ffls-2015 if you want to call around and ask for their consignment rates.
Re: Owning a Shotgun After Getting a DUI Felony
Thank you very much for replying. If I were to put it on consignment, how does that work? Would I have the last say in if it is to be sold at a certain price? In other words, since im not yet positive that I might get convicted, can I just have them hold it?
Would a relief of disabilities also remove the felony off my record - or at least make it invisible? How does that work? Thank you again to all replies. I supremely appreciate gentlemen.
Re: Owning a Shotgun After Getting a DUI Felony
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HopelessinLI
Thank you very much for replying. If I were to put it on consignment, how does that work? Would I have the last say in if it is to be sold at a certain price? In other words, since im not yet positive that I might get convicted, can I just have them hold it?
Depends on the shop. Some will ask you how much you want out of it, others will immediately throw it onto GunBroker with a starting bid of $.01 and no reserve, and move it within a week or two. Retailers don't want product to sit, it needs to turn over and make money. This is why you need to call around and ask about policies.
If you want it to just be held then ask how much for gunsmithing/cleaning + storage fees while you deal with the legal issues. If you get convicted the shop can still consign it afterward.