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Anyone know how to restore 2A rights in NYS?

Discussion in 'Legal' started by emails.chris, Apr 17, 2012.

  1. emails.chris

    emails.chris New Member

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    A friend of a friend resides in Westchester County, 15-20 years ago he did prison time for Heroin/burglary.

    I read on a blog somewhere that it has been done in other states, I've told my fiend to tell him to take up archery for now & I will ask around. Thanks
     
  2. dprice3844444

    dprice3844444 member

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    se fla i love claymores 01/sot
  3. Midwest

    Midwest Senior Member

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    How long of a prison sentence did your friend serve? If its over a year, that is a felony and a presidential pardon might be the only option....
     
  4. emails.chris

    emails.chris New Member

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    Yeah he did 2 years, he's really not my friend, its a friend of a friend.

    He has a felony but he has reformed and now owns a business, some of his employees are hunters and he would love to go on hunting trips with them. He also wants to allow them to have a gun at work without any question of breaking laws.
     
  5. emails.chris

    emails.chris New Member

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  6. Birch Knoll

    Birch Knoll Member

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    Er, no... if it was a State crime, the President cannot pardon it at all. State law will control. If it was Federal, there's not a lot of recourse. Presidential pardons are awfully rare.
     
  7. Birch Knoll

    Birch Knoll Member

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    Not for the OP's acquaintance. Firearms rights must be restored by the state in which the conviction took place.
     
  8. drsfmd

    drsfmd Member

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    He's got slim chances... spend a fortune on a lawyer, and likely still be told no.
     
  9. brickeyee

    brickeyee Senior Member

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    And even with a pardon from a governor for a state charge you have to clean up all the data bases.

    NICS will give a 'do not proceed/denied.'

    And if it was a Federal charge, you need a pardon from POTUS.
     
  10. bikemutt
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    bikemutt Senior Member

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    This isn't exactly current (2007) but there may be hope:

    http://www.sentencingproject.org/doc/File/Collateral%20Consequences/NewYork.pdf
     
  11. emails.chris

    emails.chris New Member

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    looking into it it seems difficult but not impossible, thanks for the awswers
     
  12. drsfmd

    drsfmd Member

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    No, it's pretty much impossible. These aren't exactly white collar crimes or DWI, and you have to convince a judge to issue the CRD... and they won't want to put their neck on the line for some dirtbag drug dealer/burglar. Doesn't matter how much of a model citizen the guy may be now, he was found guilty of very serious crimes.
     
  13. bikemutt
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    bikemutt Senior Member

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    The three key ingredients to a successful outcome are 1) a sharp lawyer skilled in these matters, 2) the right judge and 3) money.

    1) will help find 2) for the right amount of 3).

    Do not lose hope, rehabilitation is a cornerstone of justice. As long as there is no repeating pattern of unlawful behavior, 15-20 years of good behavior counts for quite a bit. Judges are not all cowering for cover when cover is patently manifest.
     
  14. drsfmd

    drsfmd Member

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    You don't live in NY! :)

    http://en.wikipedia.org/wiki/Rockefeller_Drug_Laws

    depending on how much heroin he had, it could have been a very stiff sentence...
     
  15. bikemutt
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    bikemutt Senior Member

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    I imagine you are right about that, two years is a long time to send someone away for, probably not just a pipe bowl full. And it sounds as if it's not just the sentence; he was in for that duration. No doubt the burglary was an aggravating circumstance as well.

    I think though, a free consultation with a lawyer familiar in these matters should at least tell him if it's worth pursuing, or just fold. That's if NY lawyers actually offer free consultations :(
     
  16. emails.chris

    emails.chris New Member

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    in New York, felons who want to possess firearms must obtain a Certificate of Good Conduct that expressly restores their firearms rights either from the Board of Parole or their sentencing court.

    There were 17 issued in 2010 and 36 in 2009. I did not find out how many are issued by the courts.
     
  17. crracer_712

    crracer_712 Member

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    That's inaccurate. Several states have provisions for gun rights restoration, some it is automatic after a pre determined amount of time.

    http://www.justice.gov/oig/reports/ATF/e0406/results.htm

    The above report goes in to depth about how Some denied NICS background checks were actually an error in that the agents were unaware of a given states law in which rights were restored, or perhaps that state didn't properly enter information.
     
  18. Feanor

    Feanor member

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    Its pretty tough to get your rights restored, but by no means impossible, though I have little doubt that NYS would be one place I'd not want to proceed from, in such a venture. On the topic itself, if your sentence has been successfully completed, and especially if it was not a violent felony, the state & the fed have no constitutional authority to perma-ban you from exercising your rights, though the statist thugs have done just that, acted extra-constitutionally for decades.
     
  19. WALKERs210

    WALKERs210 Senior Member

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    Don't know who dropped the ball or if I just overlooked something. A few years ago two different men I knew had served prison time and lost the right to bear arms, however in Alabama - Walker Cty. they were issued a pistol permit but when attempting to buy one legally one was denied and the second was approved. The second one had served time in Fed prison.
     

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