Help on RKBA issues after Felony DWI (not me) in NYS

[CNYCacher]

A (female) friend of mine just asked me about getting a handgun to have in her home "just in case . . . you never know, you know?" An urbanite her whole life, she recently bought her first home and it is out in the country. She realized that in an emergency, the police are a long way off, and she also intimated an apprehension about some type of SHTF scenario.

All in all, she has come a long way following her own train of thought and wanted me to help her with the rest of the steps to becoming a first-time gun owner. Now, I can tell you anything you need to know about getting a NYS ownership/CCW permit, and we went over all of that. The part where I get fuzzy is the legal ramifications associated with her fiance, who has a felony DWI at least a couple years old.

They live together now, and will continue to do so until the wedding next summer, and obviously after that. Also obvious is the fact that he is a prohibited person due to his felony conviction, and shall not "possess" a firearm. So I have questions:
What is possession defined as legally?
If she leaves the gun at home and he is home as well, is that a problem?
What about when they are both home?
Would a safe make a difference?
Is it possible for him to have his RKBA restored (not a violent offender)?
If so, what would he have to do to accomplish that?

Thanks in advance to those knowledgeable in these matters who choose to respond.

 

[Prince Yamato]

What is possession defined as legally?

Immediate access to the firearm

If she leaves the gun at home and he is home as well, is that a problem?

Yes, if he can access it.

What about when they are both home?

Yes, if he can access it.

Would a safe make a difference?

The firearm would have to be stored in a safe that the felon had no access to (ie, didn't know the combination).

Is it possible for him to have his RKBA restored (not a violent offender)?

It would be VERY difficult. He needs to consult a lawyer. Sometimes, these cases can be reexamined in a court and the record expunged. Usually, though, unless he can get a pardon from an elected official (like the Governor or President) he's SOL.

If so, what would he have to do to accomplish that?

Lawyer first. Donate a million bucks to an elected official if he can't get it over-turned.