This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
18 U.S.C. 922(g) is the federal law that prohibits anyone ever convicted of any felony to ever possess any firearm either inside or outside of his home. The federal punishment for firearm possession by a felon is up to 10 years in prison.
Those convicted of a felony crime of violence or drug trafficking, a misdemeanor crime of domestic violence, or “a violent offense as listed in Section 12-25-32(15),” are prohibited from possessing any firearm. This right can only be restored by a pardon.
It can also be used to restore a person's firearms rights. A Certificate of Relief from Civil Disabilities creates a presumption of rehabilitation and so can be used to obtain a variety of professional licenses following a conviction.
You will be disqualified for a firearms permit if you have a NYS felony or "serious offense" conviction as defined below. It is advised you disclose your convictions from any jurisdiction as accurately as possible. Convictions from out- of-state may require additional evaluation.
For those with more than one conviction, the court may restore firearms rights two years after completion of sentence for most felonies, or after 10 years for a serious felony (such as murder or sexual assault). For a person convicted of a “dangerous felony” firearms rights may only be restored by pardon.
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.
The Second Amendment does not protect any right, it prohibits government from infringing on a right. The idea is that a felon has lost his rights, thus government is not infringing on any right by denying felons lawful ownership of guns.
Loss of Voting Rights During Incarceration or On Parole Individuals currently serving a state or federal prison sentence for a felony conviction and those on parole are ineligible to register and vote in California.
The Second Amendment Permits The Disarming of “Dangerous” Felons. Each year, more than 8,000 people are convicted for unlawful possession of a firearm under 18 U.S.C. § 922(g). About 90% of those cases arose from gun possession by a felon.
The Second Amendment Permits The Disarming of “Dangerous” Felons. Each year, more than 8,000 people are convicted for unlawful possession of a firearm under 18 U.S.C.