If I recieved a certificate from disabilites regarding a felony conviction can I get a gun?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I recieved a certificate from disabilites regarding a felony conviction can I get a gun?

In 2002 I was convicted of felony grand larceny in NY. This is my only conviction of any kind. I was told it might be possible if I applied for restoration of rights. I would like to know if this is true. When I received the charge I was 31, so it’s an adult record and has no chance of being expunged. I now live in NC.

Asked on April 28, 2011 under Criminal Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You cannot anywhere as a felon obtain or be in possession of a firearm. Your restoration of rights has nothing to do with it. You are a convicted felon and under the applicable laws, a convicted felon will not be able to pass the background checks because of the adult criminal record. You can review your criminal record with an attorney in North Carolina and see if there is any way to have your record expunged. You are correct in that it may have little chance but it is at least worth a try. Further, understand the federal law and North Carolina law will also prohibit you from possessing ammunition. The only exception to the laws above is if your conviction had to with a business practice felony (think white crime). If not, you may be out of luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption