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  1. #1
    Join Date
    Feb 2014
    Posts
    2

    Default How to Get Gun Rights Restored After a Felony

    My question involves criminal records for the state of: New York

    In 1989 I was convicted of possession of a controlled substance 3rd degree but sentenced only to probation. If I want to apply to have my gun rights restored 25 years later, does that have to be through the State Courts? I've read in a variety of places that I can/should go through the NY DOC but also read that they only handle cases where there was actual incarceration; so I'm confused. Thank you in advance.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Ny- Felony Conviction but Only Probation- So Where to Go for Rights Restoration

    You need to apply for a certificate of relief from disabilities in NY. Since it's been over 20 years and your crime wasn't a gun or violent crime to begin with, you stand a good chance but it is far from being easy or automatic. You are well advised to get an attorney in the county you were convicted that specializes in such applications. No the DOC can not do it. It has to be a judge. You need a better reason than "I want to own a gun" however.

  3. #3
    Join Date
    Feb 2014
    Posts
    2

    Default Re: Ny- Felony Conviction but Only Probation- So Where to Go for Rights Restoration

    Quote Quoting flyingron
    View Post
    You need to apply for a certificate of relief from disabilities in NY. Since it's been over 20 years and your crime wasn't a gun or violent crime to begin with, you stand a good chance but it is far from being easy or automatic. You are well advised to get an attorney in the county you were convicted that specializes in such applications. No the DOC can not do it. It has to be a judge. You need a better reason than "I want to own a gun" however.
    Thank you for your prompt response. A couple quick questions if I may...

    1) What generally constitutes a "better" reason? Is hunting with my two teenage boys sufficient or do I have to have a need as in, I work in a documented bad part of town, etc?
    2) What type of attorney am I specifically looking for? Civil Rights or something more specific?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Ny- Felony Conviction but Only Probation- So Where to Go for Rights Restoration

    One with experience in firearms rights restoration. There are some firearm forums out there that may be able to make recommendations.

  5. #5
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Ny- Felony Conviction but Only Probation- So Where to Go for Rights Restoration

    Target practice... Just use target practice. Don't let them know you want it for self protection.

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