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Can I own a firearm if I have an order of protection against me?
Individuals who have an order of protection against them cannot possess a firearm. Those subjected to a court-ordered domestic violence order of protection are prohibited from having a firearms license.
In addition, the court must revoke any existing firearms license in their name if the crime is a felony or serious offense, the person’s conduct leading to the order of protection caused physical injury, or it involved using or threatening the use of a deadly weapon.
The court will also order the firearms to be surrendered immediately if it finds there is a substantial risk of the defendant using or threatening to use a firearm against the person who petitioned for the order of protection and others, like the petitioner’s children.
Other Criminal Defense FAQs:
- Am I eligible for a conditional license?
- Am I liable for fraudulent charges on my credit card or for accounts opened by the identity thief?
- Am I required to submit to a breath test in New York?
- Are child pornography charges state or federal?
- Are prescription drugs illegal in New York?
- Are sex offenders restricted in where they may live?
- Are there any laws that prohibit identity theft in New York?
- Can a child receive child pornography charges?
- Can a probationer sentenced to probation supervision in New York move out of the state?
- Can drivers under 21 be charged with a DWI in New York?
- Can I be charged with a sex crime even without having sexual intercourse?
- Can I be charged with child pornography if the pornographic material belongs to someone else?
- Can I get fired for my political opinions?
- Can I own a firearm if I have an order of protection against me?
- Can I own a gun even if I have a felony record?
- Can I talk to the police if I am careful not to reveal anything incriminating?
- Can the charges I am facing get more serious even if I have already been charged?
- Do I have to allow police to enter my home?
- Do I have to report domestic violence?
- Do I need an attorney if I am charged with a minor crime?
- Do I need an attorney if I plan to plead guilty?
- Do I need an attorney?
- Do the Police Want to Talk to You?
- Does a conviction of unlawful sexual intercourse require registration as a sex offender?
- Does a crime still go on my record even if I am cleared of it?
- How can a lawyer defend me from DWI charges in New York?
- How can I detect if my identity has been stolen?
- How Do Gun Laws Vary Across New York?
- How does a domestic violence charge affect visitation with my child?
- How does a federal crime differ from a state crime?
- How is a criminal record expunged in New York?
- How long does a sex offender stay on the New York Sex Offender registry?
- How long does an order of protection last in New York?
- I confessed to something I did not do. What can I do?
- I Have a Bench Warrant. Why Was It Issued?
- I own a business and handle personal information belonging to my customers and employees. What can I do to protect this information?
- I suspect that my child may have been sexually abused. But I am not sure. What can I do?
- I was arrested for committing a crime. Do I need a lawyer even if I am innocent?
- I was arrested for drug possession in New York. What should I do?
- I was arrested for patronizing a prostitute in New York. What are the chances of my case being dismissed?
- I was charged with phishing. What are my options?
- If a protective order is filed against me in one state is it valid in another?
- If I am stopped by the police, do I have to let them search my vehicle?
- If I see or hear people fighting what should I do?
- If I was sexually abused many years ago, can I still bring a lawsuit for damages?
- If I’m innocent, why shouldn’t I answer police questions?
- Is domestic violence classified as a felony in New York?
- Is it double jeopardy to be prosecuted by state and federal prosecutors for the same crime?
- Is it illegal to possess a small amount of marijuana in New York?
- Is it okay to discuss my case with family and friends?
- Is it okay to refuse field sobriety tests in New York?
- Is it possible for felons in New York to have their gun rights restored?
- Is phishing a form of identity theft?
- Should I Hire an Attorney for the Arraignment?
- Should I take a plea bargain?
- What are Miranda rights or a Miranda warning?
- What are my rights if I am questioned by the police?
- What are some common conditions of parole in New York?
- What are some common types of fraud?
- What are some of the methods used by identity thieves to obtain private information?
- What are some of the more serious possible consequences of identity theft?
- What are some possible defenses for drug possession crimes?
- What are some possible defenses for embezzlement charges?
- What are some possible defenses to identity theft charges?
- What are some types of identity theft?
- What are the consequences of a conviction?
- What are the consequences of a domestic violence conviction?
- What are the consequences of a Leandra’s Law violation?
- What are the consequences of a sex crime conviction in New York?
- What are the consequences of violating parole?
- What are the consequences of violating probation?
- What are the different degrees of stalking under New York law?
- What are the different identity theft charges under New York law?
- What are the different types of orders of protection?
- What are the New York sex offender designations?
- What are the New York sex offender risk levels?
- What are the penalties for a fraud conviction in New York?
- What are the penalties for child abuse?
- What are the penalties for domestic violence offenses in New York?
- What are the penalties for drug crimes in New York?
- What are the penalties for federal crimes?
- What are the penalties for phishing?
- What are the penalties for promoting prostitution in New York State?
- What are the penalties for prostitution in New York State?
- What are the penalties for refusing a breath test in New York?
- What are the penalties for stalking under New York law?
- What are the possible penalties for child pornography?
- What can I do if I am fired from a university?
- What can I do if I believe someone is following me?
- What constitutes a sex crime under New York law?
- What constitutes an internet crime in New York?
- What constitutes child abuse? What are the types of child abuse?
- What counts as resisting arrest in New York?
- What do the sex offender designations mean?
- What does BAC stand for?
- What Happens After Being Arrested?
- What happens at an arraignment?
- What happens if a convicted felon is found in possession of a firearm?
- What happens if I commit an ignition interlock device violation?
- What happens if I fail to report to my probation officer?
- What happens if I violate an order of protection?
- What happens if I violate my conditional license?
- What happens if the judge sets bail?
- What if I am charged with a federal crime?
- What if I did not realize that the images I was looking at or forwarded to a friend were images of underage individuals?
- What If I Didn’t Know There Was a Bench Warrant Issued For Me?
- What if I do not remember all the details of the abuse? Should I still report it?
- What if the police did not read me my rights?
- What is a 3020-A hearing?
- What is a conditional license?
- What is a grand jury?
- What is a “white collar” crime?
- What is adjournment in contemplation of dismissal?
- What is aggravated DWI?
- What is alternative sentencing for drug possession crimes?
- What is an ignition interlock device?
- What is an order of protection?
- What is attorney-client privilege?
- What is bail?
- What is credit card fraud?
- What is criminal fraud?
- What is domestic violence?
- What is drug paraphernalia?
- What is homicide?
- What is identity theft?
- What is interim probation supervision?
- What is Leandra’s Law?
- What is parole?
- What is phishing?
- What is probation?
- What is restitution?
- What is stalking?
- What is statutory rape in New York State?
- What is the difference between a domestic violence charge compared to the same charge outside of a domestic relationship?
- What is the difference between a DUI and DWI in New York?
- What is the difference between a DWI and a DWAI?
- What is the difference between a felony and a misdemeanor?
- What is the difference between a prosecutor and a criminal defense attorney?
- What is the difference between phishing and hacking?
- What is the difference between probation and parole?
- What is the difference between rape and sexual assault?
- What is the difference between record expungement and sealing?
- What is the national sex offender registry?
- What is the Office of Professional Medical Conduct?
- What is the penalty for not registering as a sex offender?
- What is wire fraud?
- What obligations do registered sex offenders have?
- What penalties do people accused of committing white collar crimes face?
- What penalties do physicians face for professional misconduct in New York?
- What protection orders can I place?
- What qualifies as securities fraud?
- What rights do I have as a tenured employee vs. a non-tenured staff member?
- What should I do if domestic violence charges are filed against me?
- What should I do if I am arrested for domestic violence in New York?
- What should I do if I am arrested for identity theft in New York?
- What should I do if I am the victim of identity theft?
- What should I do if I am under investigation for a crime in New York?
- What should I do if I have been sexually assaulted or raped?
- What should I do if I was forced into confessing?
- What should I do if prostitution charges are filed against me?
- What should I do if the NYPD wants to talk to me?
- What should I look for in a criminal defense attorney?
- What should you do if you are suspected of child abuse?
- What type of criminal defense cases does the Brill Legal Group handle?
- What type of domestic violence cases will Brill Legal Group handle?
- What type of offenses can lead to a sentencing of probation?
- What types of offenses are considered domestic violence in New York?
- When and where will the arraignment take place?
- When should I obtain a lawyer after discovering my child was sexually abused?
- Who has to register as a sex offender in New York?
- Who must report cases of child abuse?
- Who prosecutes white collar crimes?
- Why do I need a federal criminal attorney?
- Why hire an attorney instead of using the public defender or representing myself?
- Why would I be charged with a federal crime?
- Will I automatically be arrested if the police are called to my home for domestic violence?
- Will I face penalties for refusing to answer police questions after my arrest?
- Will I still face murder charges if I acted in self-defense?
- Will there be a trial in my case?
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