Can I own a firearm in New York if I get a felony charge reduced to a misdemeanor? 2 Answers as of January 18, 2011

If a person has an old felony charge for which he did time for and goes back to court and gets it reduced to a misdemeanor, can he own a firearm in New York State?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
You cannot register a firearm or possess a rifle or shotgun if you have a felony conviction.It is unlikely that your attorney can have a felony conviction "reduced to a misdemeanor". If it was a Youthful Offender conviction, it will not count as a conviction because a person who is less than 19 years old upon being convicted of a crime may be given Youthful Offender status by the court. Your attorney may be able to have the conviction vacated by making a CPL 440.10 motion if there was something illegal or unconstitutional about the conviction, but this is very rare. An experienced attorney may be able to get you a permit even with a conviction, call me for a free consultation anytime.
Answer Applies to: New York
Replied: 1/18/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
First this response is general information only and does not establish an attorney client relationship. However I would need further details to answer better. Generally if you have been convicted or plead guilty and served your sentence the charge will not be reduced since the case is over. If however you served time while the charge is pending and you were not convicted or sentenced then it is still possible to get it reduced ( usually with help of defense counsel ) to a misdemeanor. However even if you do get it reduced to a misdemeanor that is not a guarantee that you will be able to own a firearm. Looking forward to hearing from you.
Answer Applies to: New York
Replied: 1/18/2011
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