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NY Attorney Explains | What You Should Know About Domestic Violence & 2nd Amendment Rights in NY

Posted by Daniel DuBois | Nov 22, 2021 | 0 Comments

New York 2nd Amendment Laws can be a little confusing. Today, we'll attempt to clear up some confusion surrounding New York 2nd Amendment Laws as they pertain to domestic violence. Disclaimer: Prior results do not guarantee future success. Every case is unique and according to its own facts. What's outlined below may be generally applicable but could vary drastically for you. Please contact a NY Defense Attorney for legal consultation.

If you or someone you know is or was subjected to domestic violence, please reach out to the authorities. Every person deserves a chance to be heard. There are resources to help you out there.

Shall we begin?

In New York, domestic violence cases typically result in some forfeiture of gun rights.  NY law does not explicitly authorize or require the removal of firearms or ammunition from the scene. 

Regardless of relationship to the victim, New York prohibits all persons convicted of “serious offenses”, or some specific violent misdemeanors, from obtaining a license to purchase or own a firearm.  It also requires the suspension of existing licenses so the individual cannot legally possess a firearm.  These rules apply to those with a warrant of arrest for a serious offense too.

You can find a list of serious offenses as defined by the New York State Senate here if you scroll down to item 17. 

Certain domestic violence misdemeanors fall under this category, triggering their restriction of possessing firearms with a charge but pending conviction. Additionally, any owned firearms must be surrendered where the court finds substantial risk that the defendant may use or threaten to use a firearm unlawfully against the person asking for the protection order. 

Can gun rights be restored following conviction?

Sometimes, gun rights can be restored following a conviction. There are three ways to lawfully regain your firearms rights following a conviction - a Certificate of Relief from Disabilities, Certificate of Good Conduct, or a Pardon. The former two are the most common methods by far, so that's where we will focus.

The two Certificates differ on the basis that the Certificate of Relief from Disabilities does not restore the right to public office, while the Certificate of Good Conduct does. Not every conviction results in the forfeiture of the ability to hold public office. 

Certificates require waiting a certain period of time before application. If the conviction wasn't for a Class A-1 and/or violent felony, you could apply. The language of the certificate must explicitly mention the restoration of firearm rights in order for you to begin the process of legally obtaining a gun.  You must have this certificate and your civil rights fully restored in order to have your federal gun rights reinstated. The ATF states that full civil rights include the ability to hold public office, register to vote at a general election, and serve on a jury. If you're unsure which will apply in your case, call an experienced defense attorney for a consultation. 

Remember, if you or someone you know is a victim of domestic violence, please contact the authorities to get your voice heard. There are resources available for you out there.

Contact a NY Lawyer Today!

New York State Law can become complicated in its intricacies. That's where the blog comes in, to attempt to decipher some of those complications and relay important information to you. If you have a question regarding your gun rights, or any question regarding criminal defense, give us a call or fill out the form and we can answer any questions you may have. 

If you've been changed, your first call should be to an experienced New York Criminal Defense Attorney. At DuBois Law, we understand, we never judge. See what others have to say about Dan DuBois!  Give us a call today or fill out a contact form for a FREE consultation! We offer financing options because everyone should be able to afford quality legal representation. 

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