Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Owning a gun is a constitutional right for law-abiding citizens in the United States. However, having a criminal record can restrict that right in many places, including New York City.
New York has some of the strictest gun laws in the country. The state bans people with certain criminal convictions from possessing any kind of firearm. This includes rifles, handguns, and assault weapons.
According to discussions on Reddit, New York Penal Code § 400 makes it a felony for a person convicted of a felony or serious offense to possess any firearm. This is a lifetime ban.
The law also prohibits people convicted of certain misdemeanors from owning a gun for 5 years after the conviction. These misdemeanors include:
In New York City, the restrictions are even tighter. According to NYC Administrative Code § 10-303, a person is prohibited from possessing a rifle or shotgun if they have been convicted of any felony or misdemeanor crime.
There are a few exceptions that allow some people with criminal records to legally own guns in New York:
However, according to discussions on Avvo, New York rarely grants relief for gun ownership to people with a criminal history. The exceptions are very narrowly applied.
Under Penal Code § 265, illegally possessing a firearm is a Class E felony in New York. This charge comes with:
The mandatory minimum sentence is 2-7 years if the illegally possessed gun meets the definition of an assault weapon.
Police in New York City actively look for illegal guns as part of their public safety mission. According to FindLaw, the NYPD seizes several thousand illegal guns off the streets each year.
It is possible for convicted felons and the mentally ill to restore their gun rights in New York, but the process is extremely challenging. According to New York Criminal Lawyer, the applicant essentially needs a miracle to meet the strict legal standards.
Here are the basic steps to restore gun ownership rights in New York after a disabling conviction:
This process often takes 5+ years and costs tens of thousands of dollars in legal fees. Even then, success is very unlikely. Essentially the applicant needs to undo the original conviction.
Very few people with a past criminal conviction are ever legally able to own guns again in New York. The lifetime ban is almost impossible to overcome.
New York has strict laws prohibiting gun ownership by convicted criminals. The bans imposed are essentially lifelong in most cases. Attempting to purchase or possess firearms after a felony or disabling misdemeanor conviction typically results in new felony charges.
However, there is an avenue to restore gun ownership rights in NY after a conviction. It is extremely difficult and rarely works, but possible in limited circumstances.
Anyone with a criminal record interested in owning guns again should consult with a criminal defense lawyer to understand their options. The laws are complex and the penalties are severe.
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