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CRIMINAL DEFENSE • DISCIPLINARY INVESTIGATIONS & HEARINGS

Is it possible for felons in New York to have their gun rights restored?

In New York, individuals convicted of a felony or other serious offense lose their firearm privileges. Those with convictions for violent felonies or Class A1 felonies are barred from gun rights restoration.

The state offers two different types of certificates that can restore gun rights in some cases. Those seeking to regain their firearm rights must apply for a Certificate of Good Conduct from the New York State Board of Parole or a Certificate of Relief from Disabilities is granted by the court.

A Certificate of Good Conduct can lift the ban that disqualifies convicted felons from possessing a firearm or obtaining a firearms license. Individuals are required to wait for a certain period of time before applying for the certificate.

The Certificate of Good Conduct must contain language that expressly restores the felon’s firearms rights. For example, it may specify what type of firearms the convicted felon is allowed to own, such as just handguns or long guns only.

The Certificate of Relief from Disabilities is available to offenders who were released from a correctional facility or they have a recommendation from their supervising Parole Officer. There is no lengthy wait period for this certificate.

The petition process for those seeking to restore their gun rights can be complicated on both the state and federal levels. As a result, it is best to consult an experienced attorney who knows the best course of action to take to obtain firearm privileges.

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