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Council, I have a question and hopefully you
Hello Council, I have a question for you and hopefully you can answer it. These are the following statements.Under:http://www.ocgov.net/oneida/sites/default/files/probation/FAQ/Cert%20Info%20updated%208-22-12.pdfClearly States:,8.Can I get a hunting license and carry guns if I get a Certificate of Relief?The New York State Penal Law section 265.20 states a person must be in possession of a Certificate of Good Conduct to legally possess a firearm if they have been convicted of a felony or serious offense. The National Instant Criminal Background Check System(NICS) at the Federal level requires a Certificate of Good Conduct, as it is specified in the Penal Law, in order to purchase firearms. It does not specifically address the possession of previously owned firearms. They have indicated an individual must be eligible to possess both long guns and handguns without any restrictions as to purpose, place or usage. In order to be able to purchase a long gun someone must obtain both an unrestricted Certificate of Relief from Disabilities and a Certificate of Good Conduct. There has been much discussion regarding allowing people to have their rights restored through a Certificate of Relief only. However, at this time the law has not been changed and a Certificate of Good Conduct is sometimes required. Also, be advised effective 1/30/12, you may no longer use or possess black powder guns or muzzle loaders without the appropriate certificate.Penal Law 265.20: Clearly states:, EXEMPTIONS5. Possession of a rifle or shotgun by a person other than a person who has been convicted of a class A-I felony or a violent felony offense, as defined in subdivision one of section 70.02 of this chapter, who has been convicted as specified in subdivision four of section 265.01 to whom a certificate of good conduct has been issued pursuant to section seven hundred three-b of the correction law.Penal Law 265.01 Sub4: Clearly States:,(4) He possesses a rifle, shotgun, antique firearm, black powderrifle, black powder shotgun, or any muzzle-loading firearm, and has beenconvicted of a felony or serious offenseNow about myself and condition:I was GRANTED a Certificate of Relief from Disabilities - COURT GRANTED not PAROLEsince i served no Prison time and only served 5 year probation:Now it is in clear writing and hard copy paper that a convicted felon sent straight to probation does not lose his or her voting rights and public office (never forfeited) but does indeed lose his/her Jury rights because they are not (automaticly restored) but if a Certificate of Relief from Disabilities is GRANTED then he/she may be considered for Jury.So for me i don't need a CGC because my CRD has made me fully eligible as far as Civil rights restoration goes and federal law consider you no longer convicted for Firearm purposes under the Gun Control Act.My charge was Violent Felony 'Assault 2nd Class D' PL 120.05 01 covered by PL 265.01 Sub2 Mis ( instrument was a bat and no firearm ) it is my only violent felony charge with no prior and no further existing what so ever, and dates back to 2001, and it is not a Domestic Violence convictions, and no Order of Protection what so ever, it was a simple street fight.I'm seeking back my lost Hunting privileges that i have lost before 2001, and The NYPD Rifle/Shotgun Division Permit Application states in order to be considered you need to apply for a Certificate of Relief from Disabilities.which i already have.It clearly states:,4. If you were ever convicted of a felony, before your application can be considered, you must apply for a Certificate of Relief from Forfeitures and Disabilities from New York State.5. If you were ever convicted of a Serious Offense you must get a New York State Certificate of Relief from Forfeitures and Disabilities. Serious Offenses are listed in Section 265.00(17) of the Penal Law. They include any offense involving drugs or narcotics, any sex offense, any violation of the laws pertaining to the illegal use or possession of a pistol or other dangerous weapon, possession of burglars tools and receiving stolen property.To apply for a New York State Certificate of Relief contact either the Division of Probation, the Department of Parole or the Court in which you were convicted.although my felony was violent what they are saying is if it falls under 265.01 sub4 and you have been convicted of a voilent or serious offense convicted under 265.01 sub4pretty much anything under 265.00 sub17 then you are barred.is this correct or am i having this all wrong?I have everything saved in hard writing paper and my conviction falls under non of these what so ever.Thanks
I was convicted of felony robbery when I was 16 @ NY and was
I was convicted of felony robbery when I was 16 @ NY and was told I can have it changed as juvenile later on, I did not serve time, it was plea bargain and I got 5 years probation. Of course I did not know any better back then about juvenile or adult. Now, 28 years have passed and I have been clean ever since and like to know what is the chance for me to have it change to juvenile and have record sealed.
My son is on parole with monitor on leg, he was convicted of assault w
My son is on parole with monitor on leg, he was convicted of assault with a deadly weapon, spend 10 years of a 12 year sentence, now the parole office wants him to take sexual abuse classes at 75.00 a week and they sited the Coleman Act. He is unable to get a job, I can't afford the money and he was not convicted of sexual assault. Are his civil rights being violated? Why would they let him out to cause him more problems? They have him jumping through hoops as it is, classes nearly every night and he is becoming more and more depressed and I can't afford an attorney and am afraid he will have to go back to prixson. Can you help me, we live in the state of Texas.
my brother in law was on parole and staying with my ex husband,
my brother in law was on parole and staying with my ex husband, his parole officers came to the door my 17 year old son was home sich , he told the officers his uncle was in the hospital which he was. They told my son they had a right to search his living quarters my son being a good kid and trusting them said ok. They found a loaded gun and arrested my son. He was released with a desk appearance , the police are confident it will get thrown out. My son has a 93 average goes to catholic school and is not street smart. He has been having anxiety over this. I dont know what to do I think they took advantage of my son and a parent should have been there before they drilled him. Since then my brother in law passed away and i dont know which way this is going to go. I cant afford a lawyer and everyone says i should make a big deal of this because it wasnt right and maybe a lawyer will do it pro bono. I didnt think that was a good idea because i dont want this issue preventing my son frm graduating
i received a felony, resulting in 3 years of probation,
i received a felony, resulting in 3 years of probation, (reckless endangerment, I used my registered handgun to stop my truck which was stolen the day before) in new york, almost 20 years ago. no problems ever since. i have lived in florida for the past15 years, is there a way to restore my firearms rights or are they lost forever
I was convicted of possession of controlled substances in the
I was convicted of possession of controlled substances in the 7th degree back in 1991 in upstate New York. Apparently, my ability to seal this record depends on whether the statutes at that time required me to go through some kind of drug treatment program or not. I have been going through a company to help me seal this record. They cannot seem to find out whether I can seal this record or not? Can you tell me if such a conviction so far back can be sealed? I can't think of a reason why not. It was a minor offense and it was so long ago.
Yes hello I live in port saint lucie florida on 06/10/2014View more criminal law questions
Yes hello I live in port saint lucie florida on 06/10/2014 went to purchase a handgun and was denied now in 1992 was convicted of a class e feoln drunk driving in new york i have served on jury duty and have voted in elections have my voters registration have my full record on me need someone to help me file this appeal within 21 days for not a lot of money just because cannot afford 2 kids in college want the gun because was told forever cannot and then became eligible to vote and serve on jury duty please someone help me