How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey, JD Your Own Question
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26800
Experience:  Active member of the NYS bar since 1989
Type Your Legal Question Here...
Zoey, JD is online now
A new question is answered every 9 seconds

If a person has a felony conviction ( federal) , Then receives

This answer was rated:

If a person has a felony conviction ( federal) , Then receives a certificate of relief of disabilties and a certificate of godd conduct from their State( New York) and they can use a Long Gun for Hunting.
Would they be considered a felon in peossesion of a firearm under Federal Law or 68 Gun Control act. ?

My name is XXXXX XXXXX I'm a NYS criminal lawyer.

When you have a felony conviction, you lose both your state and Federal gun rights. If you'd had a New York state conviction but got your certificate of Relief and Good Conduct and restored your state rights, the Federal government would go along with your state's determination and lift the Federal bar to your gun rights.

Unfortunately, however, when the charge is a Federal felony, no state court has the power to expunge or forgive a federal felony. So even if NYS is willing to grant you gun rights, the Federal government's bar against your rights remains. In other words, with a New York case the Feds will recognize New York's jurisdiction over the matter and follow their lead. But when the case is in the Federal ballpark to begin with, they recognize no authority but their own. And, of course, without Federal rights, you've no rights anywhere regardless of your certificates.

So yes, you'd be considered a felon in possessio of a firearm for all purposes. You'd need to try to get a pardon from the President. I am very sorry to be the bearer of bad news.
Zoey, JD and 8 other Legal Specialists are ready to help you