• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

firearm ownership after a felony conviction

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

patybear

Junior Member
What is the name of your state?New york.
Someone close to me was convicted either vehicular manslaughter or possibly
the correct charge was vehicular homidcide.I not exactly sure which one it actually was.The person is from New york state,but was convicted in Massettchusets.He has served his time in Mass.and as I understand it,he is now completely free.He has returned home to NY.

Here is my question:Before the person went away,he owned some firearms.
Rifles,and shotguns for hunting deer,etc.While the person was away,someone
in the family ended up with some or all of the firearms.The person who was
convicted now wants the firearms returned. I was under the impression that anyone convicted of ANY type of felony may not own,possess,buy or sell any type of firearm.Am I correct in this belief?
patybear
 


Bravo8

Member
This is a bit of a confusing situation.

Federal law prohibits ANY person convicted of a Felony (Federal or State law) to possess a firearm.

Now, these rights can be restored. In order for the Federal prohibition to be lifted, that person's rights must be restored under the STATE law. These includes all rights, i.e. the right to vote, serve on a jury, run for office, own a firearm, etc.

Now if the state in question restores SOME of the rights, but still places restrictions on the right to own firearms, the Federal prohibition still stands regardless. In other words, if the State restores the right to own long guns (shotguns and rifles, but not handguns) then the Federal restriction applies notwithstanding. In this case, possession of a Shotgun may be lawful under state law, but is still illegal under Federal law.

Being that we are in fact dealing with two different states, I'm not sure if his rights would have to be restored in both Mass and NY. A competent attorney would be his best route to find out that answer.

My gut tells me he is SOL. Both Mass and NY are rabidly anti-gun, and I highly doubt his right to own firearms would be fully restored by both states.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top