The National Trial Lawyers - Top 100 Trial Lawyers
BBB Accredited Business
The National Trial Lawyers - Top 40 Under 40
AV Preeminent badge
The National Trial Lawyers - Top 100 Trial Lawyers
National Association of Distinguished Counsel
USCCA Critical Response team
LawyerCentral.com Featured Lawyer badge
Avvo Rating 10.0 Superb badge
Avvo Client's Choice 2014
USCCA badge
Certified badge
Best DUI Attorney - Top Rated badge
10 Best badge
Expertise.com badge

Gun Rights Restoration FAQs

I am a Convicted Felon. Can I Get My Gun Rights Restored?

The answer is maybe. If you only have one felony and you did not go to prison then you qualify to have a Judge or Justice in the Court in which you were convicted issue a Certificate of relief from Civil Disabilities. Depending on a large number of factors the Judge may be willing to issue a Certificate of Relief from Civil Disabilities which will have the effect of restoring a convicted felon’s gun rights. However, if you have two or more felony convictions or went to State prison you may need either a Certificate of Good Conduct issues by the New York State Department of Corrections and Community Supervision (DOCCS) or a Certificate of Relief from Civil Disabilities issued by DOCCS. In either case the Department of Corrections may issue the Certificate but is rarely if ever willing to restore a person’s gun rights.
Back to Top

What is a Certificate of Relief From Civil Disabilities in New York?

A Certificate of Relief from Civil Disabilities is a Certificate issued by a Court or the New York State Department of Corrections and Community Supervision which restores a person’s civil right following a conviction. 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.
Back to Top

What is a Certificate of Good Conduct?

A certificate of Good Conduct may be issued to a convicted felon who does not qualify for a Certificate of relief from Civil Disabilities due to having been convicted of more than one felony. A Certificate of Good Conduct has the same effect as a Certificate of relief from Civil Disabilities and is issue by the New York State Department of Corrections except that the Department of Corrections may choose to limit the Certificate of Good Conduct. Usually, they will limit it to exclude the restoration of gun rights. In order to qualify for a Certificate of Good Conduct you must complete a period of good conduct that depends on the seriousness of the crime you were convicted of. This period can range from 5 years for the most serios felonies to 1 year for a misdemeanor.
Back to Top

Can I Get a Certificate of Relief From Civil Disabilities or a Certificate of Good Conduct if I Was Convicted in Another State or in Federal Court?

Yes. You may qualify for a Certificate of Relief or a Certificate of Good Conduct if you now reside in New York State.
Back to Top

Can I Get My Conviction Expunged in New York?

New York does not expunge convictions, but it does seal convictions even felony convictions under certain circumstances. Generally, up to 1 felony and up to two convictions can be sealed once they are more than 10 years old. However, many felonies, such as sex crimes and violent felonies do not qualify to be sealed. It is important to understand that sealing a conviction does not restore a person’s gun rights.
Back to Top

I Have Never Been Convicted of a Felony, but I Was Denied on a NICS Check, Why?

New York lists a large number of “serious offenses” that are misdemeanors that will have the effect of prohibiting you from buying or possessing guns. In addition, under the SAFE Act certain people with psychiatric histories are prohibited from buying and possessing guns. Federal law prohibits not only convicted felons from possessing guns but also anyone convicted of a misdemeanor crime of domestic violence or has an order of protection issued against them. New York greatly broadens the categories of prohibited people.
Back to Top

Client Reviews

Thank you again for discussing my case with today. I can not stress enough how impressed I am with your services as an attorney. You have gone above and beyond the call of duty to attempt to help me. Thank you again and best wishes.

Rob

I am writing to send you my heartfelt thanks for your work on my father’s case. You are a wonderful attorney. I was very impressed by you from our first meeting. I am so grateful we were referred to you. If I can ever be of help in providing a reference or anything else, please let me know.

Joanna

I wanted to first say thank you for everything you have done for me in the last several months. You made this very difficult ordeal in my life less stressful and easier to bear. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. I appreciate...

W.S.

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Over 25 Years Experience
Fill out the contact form or call us at 877-377-8666 to schedule your free consultation.

Leave Us a Message

Online Payments Available

Pre-Paid Legal Service for Gun Owners