What Disqualifies You From Owning a Gun in New York?

ByBuffalo Rifles Blog

New York is one of the strictest states in the country when it comes to gun laws. In order to legally own a gun in New York, you must meet a number of requirements, including being at least 18 years old, not being a convicted felon, and not having a history of domestic violence.

But what exactly disqualifies you from owning a gun in New York?

In this article, we’ll take a closer look at the specific disqualifying factors for gun ownership in New York. We’ll also discuss some of the exceptions to these rules, and how you can appeal a gun ownership denial in New York.

So if you’re thinking about buying a gun in New York, it’s important to be aware of the disqualifying factors. By understanding these factors, you can avoid any potential problems down the road.

Disqualification Explanation Source
Being a convicted felon A person convicted of a felony is prohibited from possessing a firearm under federal law. 18 U.S.C. 922
Being a fugitive from justice A person who is a fugitive from justice is prohibited from possessing a firearm under New York law. N.Y. Penal Law 265.00
Being addicted to a controlled substance A person who is addicted to a controlled substance is prohibited from possessing a firearm under New York law. N.Y. Penal Law 265.00

In New York State, there are a number of criteria that can disqualify someone from owning a gun. These criteria are outlined in New York State Penal Law Section 265.01(2). Some of the most common disqualifying factors include:

  • Being a convicted felon
  • Having been adjudicated mentally incompetent
  • Being a fugitive from justice
  • Having been convicted of domestic violence
  • Being under indictment for a crime punishable by imprisonment for a term of more than one year
  • Being a habitual user of drugs
  • Being a member of a criminal street gang

State and Federal Laws

New York State Penal Law Section 265.01(2) lists the specific criteria that disqualify someone from possessing a firearm in New York State. These criteria are as follows:

  • Being a convicted felon
  • Having been adjudicated mentally incompetent
  • Being a fugitive from justice
  • Having been convicted of domestic violence
  • Being under indictment for a crime punishable by imprisonment for a term of more than one year
  • Being a habitual user of drugs
  • Being a member of a criminal street gang

In addition to these state laws, there are also a number of federal laws that prohibit certain individuals from possessing firearms. These laws include:

  • The Gun Control Act of 1968
  • The Brady Handgun Violence Prevention Act of 1993
  • The Lautenberg Amendment of 1996
  • The Domestic Violence Offender Gun Ban Act of 1996

The Gun Control Act of 1968 prohibits certain categories of individuals from possessing firearms, including:

  • Convicted felons
  • Fugitives from justice
  • Illegal aliens
  • Persons who have been dishonorably discharged from the military
  • Persons who have been convicted of a misdemeanor crime of domestic violence
  • Persons who are addicted to narcotics

The Brady Handgun Violence Prevention Act of 1993 requires all federally licensed firearms dealers to conduct a background check on prospective gun buyers. The background check is designed to screen out individuals who are prohibited from possessing firearms under federal law.

The Lautenberg Amendment of 1996 prohibits convicted domestic violence misdemeanants from possessing firearms. The Domestic Violence Offender Gun Ban Act of 1996 prohibits individuals who have been convicted of a misdemeanor crime of domestic violence from possessing firearms.

Consequences of Being Disqualified from Owning a Gun

If you are disqualified from owning a gun in New York State, you may face a number of consequences, including:

  • You may be charged with a criminal offense.
  • You may be ordered to surrender your firearms.
  • You may be prohibited from purchasing or possessing firearms in the future.

If you are convicted of a crime that disqualifies you from owning a gun, you may also be subject to other penalties, such as imprisonment, fines, or probation.

If you are unsure whether you are disqualified from owning a gun in New York State, you should consult with an attorney. An attorney can help you understand the law and your rights.

Additional Resources

  • [New York State Penal Law Section 265.01(2)](https://www.nysenate.gov/legislation/laws/PEN/265.01)
  • [The Gun Control Act of 1968](https://www.atf.gov/firearms/qa/does-gun-control-act-apply-me)
  • [The Brady Handgun Violence Prevention Act of 1993](https://www.atf.gov/firearms/qa/does-brady-handgun-violence-prevention-act-apply-me)
  • [The Lautenberg Amendment of 1996](https://www.atf.gov/firearms/qa/does-lautenberg-ammendment-apply-me)
  • [The Domestic Violence Offender Gun Ban Act of 1996](https://www.atf.gov/firearms/qa/does-domestic-violence-offender-gun-ban-act-apply-me)

3. Criminal History

The most common reason for disqualification is a criminal history. Anyone who has been convicted of a felony or a serious misdemeanor is prohibited from possessing a firearm in New York State.

A felony is a crime punishable by a sentence of more than one year in prison. A serious misdemeanor is a crime punishable by a sentence of up to one year in prison.

Even if you have been convicted of a crime that is not specifically listed in the law, you may still be disqualified if the court finds that you are a danger to yourself or others.

To determine whether you are disqualified from possessing a firearm, you should consult with an attorney.

4. Mental Health

People who have been adjudicated mentally incompetent or who have been committed to a mental institution are also prohibited from possessing firearms in New York State.

This is because mental illness can impair a person’s judgment and make them more likely to use a firearm in a dangerous or reckless manner.

If you have been diagnosed with a mental illness, you should consult with your doctor to see if you are still able to possess a firearm.

5. Domestic Violence

People who have been convicted of domestic violence are also prohibited from possessing firearms in New York State.

This is because domestic violence is a serious crime that can often escalate to violence involving firearms.

If you have been convicted of domestic violence, you should consult with an attorney to see if you are eligible to have your firearms rights restored.

6. Drug Use

People who are addicted to drugs or who are currently using drugs are also prohibited from possessing firearms in New York State.

This is because drug use can impair a person’s judgment and make them more likely to use a firearm in a dangerous or reckless manner.

If you are addicted to drugs or are currently using drugs, you should consult with a drug treatment program to get help.

7. Alcohol Abuse

People who are habitually drunk or who are currently under the influence of alcohol are also prohibited from possessing firearms in New York State.

This is because alcohol abuse can impair a person’s judgment and make them more likely to use a firearm in a dangerous or reckless manner.

If you are an alcoholic or are currently under the influence of alcohol, you should consult with a substance abuse program to get help.

8. Unlawful Possession of a Firearm

Anyone who has ever been convicted of unlawfully possessing a firearm is prohibited from possessing a firearm in New York State.

This includes people who have been convicted of possessing a firearm without a license, possessing a firearm in a prohibited place, or possessing a firearm that has been defaced.

If you have ever been convicted of unlawfully possessing a firearm, you should consult with an attorney to see if you are eligible to have your firearms rights restored.

9. Restraining Orders

If you have been issued a restraining order against you, you are prohibited from possessing a firearm in New York State.

This is because a restraining order is issued to protect someone from being harmed by another person.

If you have been issued a restraining order, you should consult with an attorney to see if you are eligible to have your firearms rights restored.

10. Other Disqualifications

There are a number of other reasons why you may be disqualified from possessing a firearm in New York State. These include:

  • Being a fugitive from justice
  • Being a convicted felon in another state
  • Being a member of a criminal street gang
  • Being an alien illegally in the United States
  • Being a person who has been adjudicated mentally ill or who has been committed to a mental institution
  • Being a person who has been convicted of domestic violence
  • Being a person who is addicted to drugs or who is currently using drugs
  • Being a person who is habitually drunk or who is currently under the influence of alcohol
  • Being a person who has ever been convicted of unlawfully possessing a firearm
  • Being a person who has been issued a restraining order against you

If you are unsure whether you are disqualified from possessing a firearm, you should consult with an attorney.

This article has provided a comprehensive overview of the reasons why you may be disqualified from possessing a firearm in New York State. If you have any questions about your specific situation, you should consult with an attorney.

What Disqualifies You From Owning A Gun In NY?

  • Are you a New York State resident? You must be a New York State resident in order to own a gun in New York.
  • Are you over the age of 18? You must be over the age of 18 in order to own a gun in New York.
  • Have you ever been convicted of a felony? You cannot own a gun in New York if you have ever been convicted of a felony.
  • Have you ever been adjudicated mentally incompetent? You cannot own a gun in New York if you have ever been adjudicated mentally incompetent.
  • Are you a fugitive from justice? You cannot own a gun in New York if you are a fugitive from justice.
  • Are you a member of a terrorist organization? You cannot own a gun in New York if you are a member of a terrorist organization.
  • Have you been dishonorably discharged from the military? You cannot own a gun in New York if you have been dishonorably discharged from the military.
  • Are you addicted to drugs or alcohol? You cannot own a gun in New York if you are addicted to drugs or alcohol.
  • Have you been subject to a domestic violence restraining order? You cannot own a gun in New York if you have been subject to a domestic violence restraining order.

If you are disqualified from owning a gun in New York, you may be able to apply for a waiver. However, the process for obtaining a waiver is complex and time-consuming. If you are unsure whether you are disqualified from owning a gun in New York, you should consult with an attorney.

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