Can You own a gun in NY with a misdemeanor?

Can You Own a Gun in NY with a Misdemeanor?

New York State has some of the strictest gun laws in the country, and for good reason. With a long history of gun violence and mass shootings, the state has taken measures to restrict access to firearms and protect its citizens. One question that many people ask is: Can you own a gun in NY with a misdemeanor? In this article, we’ll delve into the details and provide a comprehensive answer.

Background Check

Before we dive into the specifics of owning a gun with a misdemeanor in New York, let’s discuss the importance of background checks. Background checks are a crucial step in ensuring that only eligible individuals are able to purchase or possess firearms. In New York, all firearms transactions are required to go through a licensed dealer, who will conduct a background check through the National Instant Criminal Background Check System (NICS).

Misdemeanor Offenses

So, what is a misdemeanor? In New York, a misdemeanor is a crime that is punishable by a fine, imprisonment for less than one year, or both. Misdemeanors can range from minor offenses, such as disorderly conduct, to more serious crimes, such as petit larceny (theft of goods worth less than $1,000).

The Question of Gun Ownership

Now, let’s get to the heart of the matter: can you own a gun in NY with a misdemeanor? The short answer is: it depends. According to the New York State Penal Law, an individual who has been convicted of a misdemeanor offense within the past 5 years may not purchase, possess, or carry a firearm. This is because New York considers such individuals to be a risk to themselves or others.

However, there are some exceptions. If you have been convicted of a misdemeanor offense, but the conviction was expunged or sealed, you may still be eligible to own a gun in New York. This is because an expunged or sealed conviction is considered equivalent to an arrest without conviction.

The "May Issue" Law

New York is a "may issue" state, which means that law enforcement has the discretion to decide whether to issue a concealed carry permit (CCP) to an applicant. The NYPD, in particular, is notorious for being very strict in granting CCPs, even for law-abiding citizens. This means that, even if you are eligible to own a gun under the Penal Law, you may still be denied a CCP if law enforcement believes you are not suitable to carry a firearm.

Other Considerations

In addition to the background check and the 5-year waiting period, there are other considerations to keep in mind when determining whether you can own a gun in NY with a misdemeanor:

• Criminal intent: Even if you have been convicted of a misdemeanor, if the court determines that you did not possess the required criminal intent (e.g., you were acting under duress), you may still be eligible to own a gun.
• Alternative sentences: If you have been convicted of a misdemeanor, but the court ordered an alternative sentence, such as community service or counseling, you may still be eligible to own a gun.
• Civil liberties: Some individuals with misdemeanor convictions may still have certain civil liberties, such as the right to own a gun for self-defense purposes.

Conclusion

In conclusion, owning a gun in NY with a misdemeanor is possible, but it is not always straightforward. It’s essential to consult with an attorney to determine your eligibility. With the complexities of the background check, the 5-year waiting period, and the discretion of law enforcement, it’s crucial to understand your rights and options.

Here’s a summary of the key points:

• Background check: All firearms transactions are required to go through a licensed dealer, who will conduct a background check through the NICS.
• Misdemeanor offenses: Convictions for misdemeanor offenses within the past 5 years may prohibit you from owning a gun in NY.
• Exceptions: If your conviction was expunged or sealed, or if you did not possess criminal intent, you may still be eligible to own a gun.
• May issue law: Law enforcement has the discretion to decide whether to issue a CCP to an applicant.
• Criminal intent: Even with a misdemeanor conviction, if you did not possess criminal intent, you may still be eligible to own a gun.

By understanding these complex rules and regulations, you can make an informed decision about whether you can own a gun in NY with a misdemeanor.

Table: Summary of Eligibility for Gun Ownership with a Misdemeanor in NY

References:

• New York State Penal Law
• National Instant Criminal Background Check System (NICS)
• New York State Police – Concealed Carry Permits