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Thread: can i purchase a gun in New York with a misdemeanor Assault

  1. #1
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    can i purchase a gun in New York with a misdemeanor Assault

    hello i am 28 years old and had one arrest in my life. it was 3 years ago i got into an altercation with another male i hit him one time and was convicted of assault 3rd a misdemeanor and have never been in trouble since. i was placed on three years probation but they let me off after one year. i am currently trying to going a gun range and want to get any info i can on if i will be able to purchase a rifle and/or get my handgun permit in the state of new york. please if anybody has info that would be wonderful. thank you

  2. #2
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    Please speak with an attorney licensed to practice law in YOUR State for a definitive answer to where one with a fairly recent (3 years ago) conviction for assault may LEGALLY purchase a long gun in your state or whether you would now or ever qualify for a concealed carry permit under your States laws.

    If the answer is "NO" there may be options such as expungement or similar options that may be applied for in a timely manner.

    The attorney would be the BEST course of action as opposed to answers from the interwebz from strangers-- after all it is YOUR future if you violate the law, even inadvertantly.

    Good Luck!
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  3. #3
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    thank you and yes i looked into the expundgment and new york state does not do that with convictions even if it is your first and only offense which it is for me. i guess people dont believe in mistakes which sucks for me. i did call the nics and told them about my story and told them i wanted to buy a rifle/shotgun for the range and they said from what i told them it will be fine they would just have to dely it a couple days to review it which im fine with i just wanted some info about the handgun process and peoples thoughts about it taking my story into consideration

  4. #4
    Campaign Veteran Glock9mmOldStyle's Avatar
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    Thumbs up Maybe ok to own Long gun.

    http://www.nyfirearms.com/blog/nys-gun-laws/

    It looks like you may be able to own a long gun. Before you spend money on a lawyer read as much of New York State Law as possible.

    SNIP:


    Purchase

    No permit is required for the purchase of a rifle or shotgun (except in New York City).

    A license to carry or posses a pistol or revolver is required to purchase a handgun. (See HANDGUNSPOSSESSION and CARRY) Elsewhere than the City of New York, a person licensed to carry or possess a pistol or revolver may apply at any time to the licensing officer in the county of their residence for amendment of his or her license to include one or more such handguns or to cancel a handgun held under the license.

    No person, firm or corporation engaged in the retail business of selling rifles, shotguns or handguns, shall sell, deliver or transfer any such gun to another person unless the transferee is provided with a gun locking device and a label on safe storage.

    Any business selling firearms must post a sign where the firearms are displayed or sold stating in bold print: “The use of a locking device or safety lock is only one aspect of responsible firearm storage. For increased safety firearms should be stored unloaded and locked in a location that is both separate from their ammunition and inaccessible to children and any other unauthorized person.”

    Any manufacturer that ships, transports or delivers a handgun to any person in this state shall include in the container a separate sealed container that encloses: a shell casing of a bullet or projectile discharged from such handgun, and any additional information that identifies such handgun. A gunsmith or dealer in firearms licensed in this state shall, within ten days of delivering to any person a handgun received by such gunsmith or dealer, forward to the division of state police, along with the original transaction report, the sealed container enclosing the shell casing from such handgun received from the
    manufacturer.

    Upon receipt of the sealed container, the division of state police shall cause to be entered in an automated electronic data-bank pertinent data and other ballistic information relevant to identification of the shell casing and to the handgun from which it was discharged. All firearm exhibitors must conduct a national instant criminal background check prior to all firearm sales or transfers, including sales or transfers of rifles or shotguns at a gun show.

    It is lawful for NY residents to purchase or obtain rifles or shotguns in a contiguous state and to receive and transport said rifle and shotguns into the state, provided the person is otherwise eligible to possess a rifle or shotgun under NY law.

    Possession – Rifles and Shotguns

    There is no state license requirement for the possession of a rifle or shotgun, so long as the rifle has barrel(s) at least 16 inches in length and the shotgun has barrel(s) at least 18 inches in length.

    It is unlawful for any person convicted of a felony, other serious offense, or who been certified as not suitable to possess a rifle or shotgun (mentally incompetent) to possess a firearm.

    Generally, it is unlawful for anyone under the age of 16 to possess any firearm; however, a rifle or shotgun may be possessed by a person between 12 and 16 who is engaged in target shooting on a range supervised by a military officer, certified instructor, or a parent, guardian or a person over the age of eighteen designated in writing by such parent or guardian provided the adult has a hunter safety certificate.

    It is unlawful to possess 20 or more firearms as defined under NY law outside one’s home or business.
    Last edited by Glock9mmOldStyle; 03-08-2012 at 11:57 PM.
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

  5. #5
    Campaign Veteran Glock9mmOldStyle's Avatar
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    Thumbs up More info

    Man NY laws suck! But you probably are ok to purchase from what I can find. Worst thing that can happen when you go to purchase your long gun is, you will be denied after the background check. So you would be no worse off than your are now - unarmed.

    http://en.allexperts.com/q/2nd-Amend...r-firearms.htm

    SNIP:

    There are two parts to this answer. 1) Any misdemeanor where domestic violence was an element will make one a prohibited person under federal law. 2) Under New York Penal Law Section 265.01 (4), a person is guilty of criminal possession of a weapon in the fourth degree when he possesses a rifle or shotgun and has been convicted of a felony or serious offense.

    A "serious offense" includes misdemeanors. Under Penal Law Section 265.00 (17), "Serious offense" means:

    (a) any of the following offenses defined in the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven: illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar`s instruments; buying or receiving stolen property; unlawful entry of a building; aiding escape from prison; that kind of disorderly conduct defined in subdivisions six and eight of section seven hundred twenty-two of such former penal law; violations of sections four hundred eighty-three, four hundred eighty-three-b, four hundred eighty-four-h and article one hundred six of such former penal law; that kind of criminal sexual act or rape which was designated as a misdemeanor; violation of section seventeen hundred forty-seven-d and seventeen hundred forty-seven-e of such former penal law; any violation of any provision of article thirty-three of the public health law relating to narcotic drugs which was defined as a misdemeanor by section seventeen hundred fifty-one-a of such former penal law, and any violation of any provision of article thirty-three-A of the public health law relating to depressant and stimulant drugs which was defined as a misdemeanor by section seventeen hundred forty-seven-b of such former penal law.

    (b) any of the following offenses defined in the penal law: illegally using, carrying or possessing a pistol or other dangerous weapon; possession of burglar's tools; criminal possession of stolen property in the third degree; escape in the third degree; jostling; fraudulent accosting; that kind of loitering defined in subdivision three of section 240.35; endangering the welfare of a child; the offenses defined in article two hundred thirty-five; issuing abortional articles; permitting prostitution; promoting prostitution in the third degree; stalking in the third degree; stalking in the fourth degree; the offenses defined in article one hundred thirty; the offenses defined in article two hundred twenty.

    So, in sum, any misdemeanor involving an element of domestic violence, or any of the misdemeanors listed in Penal Law 265.00 (17), would make it illegal for one to possess (and therefore purchase) a firearm.
    “A government that does not trust it’s law-abiding citizens to keep and bear arms is itself unworthy of trust.” James Madison.

    “Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.” “The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good.” George Washington

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