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If i am convicted of a misdemeanor DWI am I allowed to get a pistol license?

Lancaster, NY |
Attorney answers 4

Posted

Call the licensing agency and ask them.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

Posted

In most instances having a misdemeanor conviction will bar you from getting a gun license but check with you local police & licensing agency

The advice I have given does not bind the parties in any manner and is merely given as a courtesy.

Posted

I agree with my colleagues. You should be fine, but call to inquire. Good luck.

Jasen Nielsen

Posted

In each County in New York State, pistol permits are issued by one (or more) designated County Court Judges. If you have a pistol permit and are charged with a misdemeanor or felony (including a DWI) will trigger a review of your permit. This may lead to a hearing to determine if your permit will be revoked. In some instances, such as Domestic Violence or other offenses where Orders of Protection are issued, you guns will be seized and held by law enforcement pending the outcome of the case. Your permit will not always be revoked in every instance.

All of this is to say that a misdemeanor DWI conviction will be a factor in reviewing your application, but may not serve as an absolute bar. Candidly, some New York Counties are far more lenient in issuing permits then others,

Good luck.

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