Advice from New Yorkers, please.

[Wastemore]

I have a friend who received a DWI , was convicted in January of this year and is serving a 3 year probation in New York(Manhattan, I believe). She just purchased a house with her two small children and has no means of protection.
I know that a DWI would not put her in a prohibitive category with BATF, but where does this situation leave her within the state on a firearm(s) purchase?


Thanks in advance.

 

[toivo]

Does she live in Manhattan, or is that just where she was convicted? The five boroughs of NY City require licensing and registration even for long guns, and I don't know what other restrictions may be involved. If she lives outside the NYC metro area, she can buy a long gun with only a NICS check.

 

[tyeo098]

One of the standard conditions of probation is to not own/carry/touch/handle/smell a firearm.

Well, it is for me anyway.

 

[whalerman]

Unfortunately, as a NYer, I completely understand why that statement was made. There is no rhyme or reason to our gun laws. Much of what takes place is open to regional and local interpretation, especially when it comes to "may issue" pistol permits. What can land you in jail in one community is just fine in another. It can get pretty frustrating. This place is not the America most envision. As I've posted previously, we rank dead last in the states in personal freedom. We're the champs. Number one. Numero Uno. We can actually make New Jersey look hospitable at times.

 

[Wastemore]

Thanks for the replies. She actually lives in Long Island- not sure if that matters. I contacted a few firearm stores in that area and presented the issue to them. They all seemed to believe she'll have no issue getting a long gun.

 

[mp510]

Thanks for the replies. She actually lives in Long Island- not sure if that matters. I contacted a few firearm stores in that area and presented the issue to them. They all seemed to believe she'll have no issue getting a long gun.

She probably won't have a problem clearing NICS, since it is not a disqualifying conviction. However, she really needs to check the terms of her probation. As the other poster mentioned, many probationers are conditioned with prohibitors (or in some instances less restrictive restrictions) on their possession of firearms or other weapons.

 

[tyeo098]

She probably won't have a problem clearing NICS, since it is not a disqualifying conviction. However, she really needs to check the terms of her probation. As the other poster mentioned, many probationers are conditioned with prohibitors (or in some instances less restrictive restrictions) on their possession of firearms or other weapons.

Mine just says firearms.
Firearms seems to be pretty standard across all 50 states. Other weapons may be hit or miss.

But thats why I still carry around my 2 3/4" semi-auto folder!
Yay Virginia!

 

[Remo223]

no drinking, no voting, no firearms while on probation. This is my understanding. However, I don't think they enforce these things unless you are on probation for something related. For instance, probation for DWI will get you tested regularly to prove you are not using alcohol. Do something with a firearm that you shouldn't, and they will follow up on the firearm prohibition.

 

[Spec ops Grunt]

How can they even make no voting on probation? That sounds unconstitutional to me.

 

[P.O.2010]

Driving While Intoxicated has a distinct legal meaning in New York. There are basically fives types: Driving While Ability Impaired, Driving While Intoxicated (common law), Driving While Intoxicated Per Se (Blood Alcohol Level .08 to .17), Driving While Intoxicated Per Se (Blood Alcohol Level .18 or higher) and Driving While Ability Impaired by Drugs.

If she is on three years probation for a single DWI conviction then she was convicted of DWI Per Se .18 or higher or aggravated DWI (DWI with a previous DWI within the previous 10 years). Both are felonies. As such she would be a prohibited person unless her civil rights were restored or she received a pardon. If she was convicted of DWI as a class E felony, which it sounds as though she was, she is a prohibited person and cannot own a firearm anywhere in the country to include New York.

She would also be a convicted felon pursuant to Alicia's Law if she had been convicted of any category of DWI with one of her children in the car at the time of the offense.

 

[mp510]

How can they even make no voting on probation? That sounds unconstitutional to me.
__________________

In Connecticut, if you can not vote if you have been convicted of a felony until you satisfy all components of your sentence. To my knowledge, (in CT at least), there is no prohibition of misdomeanants, be they on probation or under any other status, voting.

From the (English) Common Law tradition, felonies are crimes for which a convict may have his rights or life taken. Similarly, the due process clause(s) allows rights to be taken after due process.