can i own a gun

Question
QUESTION: i got in trouble in the state of florida in the early 90s,i went in a bar with my pistol and shot the place up and shot at a guy,they say i grazed a couple people shooting at the guy didnt shoot the guy,i was arrested and being my first time being arrested. after a year or so of going to court i ended up doen 3 months,now if been in new york state for about 15 years,could i own a gun in new york or not,thank you,randy.

ANSWER: Randy,

You didn't say what you were charged with when you 'shot up' the bar in Florida.  I suspect that it may have been aggravated assault or worse.  

Based on your sentence of three months, I'm wondering if your attorney was able to plea bargain it down to a misdemeanor.  Aggravated assault in Florida is a third degree felony in Florida and if a firearm is involved, Florida law requires a minimum sentence of three years for this crime.

As a New York resident, if you can pass the NICS criminal background check, you can purchase a rifle or shotgun without any licensing requirement.  In order to purchase a handgun and keep it in your home or business, you would need to obtain a handgun license.  This can be obtained by making application, generally through the County Sheriff of your county of residence.  If you are in NYC, this is managed by Suffolk County.

You will be denied a handgun license if you are prohibited from owning a handgun under Federal law, which generally means you have been convicted of a felony or a misdemeanor crime of domestic violence.  You can also be denied if you have been declared mentally incompetent by a court or were dishonorably discharged from the US military.  There are a few other provisions of this law which most likely don't apply to you unless you have renounced your US citizenship or are not legally present in the United States.

In addition to the federal restrictions, you can also be denied a handgun license if you have been convicted of any 'serious offense'.  Under NY law a 'serious offense' is defined as follows:

A "serious offense" includes misdemeanors. Under Penal Law Section 265.00 (17), "Serious offense" means:

(a) any of the following offenses defined in the former penal law as in force and effect immediately prior to September first, nineteen hundred sixty-seven: illegally using, carrying or possessing a pistol or other dangerous weapon; making or possessing burglar`s instruments; buying or receiving stolen property; unlawful entry of a building; aiding escape from prison; that kind of disorderly conduct defined in subdivisions six and eight of section seven hundred twenty-two of such former penal law; violations of sections four hundred eighty-three, four hundred eighty-three-b, four hundred eighty-four-h and article one hundred six of such former penal law; that kind of criminal sexual act or rape which was designated as a misdemeanor; violation of section seventeen hundred forty-seven-d and seventeen hundred forty-seven-e of such former penal law; any violation of any provision of article thirty-three of the public health law relating to narcotic drugs which was defined as a misdemeanor by section seventeen hundred fifty-one-a of such former penal law, and any violation of any provision of article thirty-three-A of the public health law relating to depressant and stimulant drugs which was defined as a misdemeanor by section seventeen hundred forty-seven-b of such former penal law.

(b) any of the following offenses defined in the penal law:  illegally using, carrying or possessing a pistol or other dangerous weapon;  possession of burglar's tools;  criminal possession of stolen property in the third degree; escape in the third degree;  jostling;  fraudulent accosting;  that kind of loitering defined in subdivision three of section 240.35;  endangering the welfare of a child;  the offenses defined in article two hundred thirty-five; issuing abortional articles;  permitting prostitution;  promoting prostitution in the third degree;  stalking in the third degree;  stalking in the fourth degree; the offenses defined in article one hundred thirty;  the offenses defined in article two hundred twenty.

Any misdemeanor involving an element of domestic violence, or any of the misdemeanors listed in Penal Law 265.00 (17), would make it illegal for one to possess (and therefore purchase) a firearm.

If I had to take a guess, I'd say that getting a handgun license might be a little difficult based on your criminal history.  If you were convicted of a felony, that would eliminate you from purchasing a firearm unless you go through the effort of having the Florida conviction set aside.  

Honestly, I'd suggest that you consult an attorney where you live that is familiar with criminal law in NY and see what they have to say.  

If you are only interested in purchasing a rifle or shotgun, you could just go to your local gun store and see if you pass the background check.  The results are usually available while you wait.

I hope this helps you out...best of luck to you in any case.

Regards,

Doug Little








---------- FOLLOW-UP ----------

QUESTION: thanks for getting back to me,the original charges were discharging a fire arm in a public place,aggrivated assult with a deadly weapon,a couple misdemeanors,i cant remember what it was droped too,i was faceing 3 to 5 years if convicted,but my attorney and the judge said because it was my first time getting arrested and didnt have a record if i remember right they were droped to misdemeanors,i was thinking about taken up turkey hunting but i dont want to go threw the abuse if im going to get arrested for haveing a shotgun,thanks again,randy

Answer
Randy,

If you are looking to do turkey hunting, you should not have a problem.  If they dropped it down to a misdemeanor, you should be able to purchase a shotgun without any difficulty.  Your NICS check may be delayed slightly as that happens sometimes when there is an arrest record in the database that they have to check.  Personally, I don't see any reason why you would be denied for a rifle or shotgun.  You certainly would not be arrested for having a shotgun assuming you acquire one legally...

Best of luck to you...

Doug