Restoring Firearm Rights in New York After a Conviction

A § 925(c) grant from the Justice Department removes the federal firearm disability. It does nothing to New York law. Penal Law § 400.00 bars a license to anyone convicted of a felony or a serious offense, and that bar survives the federal grant untouched. New York residents have to clear both. The state side is usually the harder one, and it is the one almost nobody plans for.

Why a Federal Grant Is Not Enough Here

Federal law and New York law prohibit firearm possession through separate statutes administered by separate authorities. That is the whole reason relief under one does not carry over to the other. The Attorney General can lift the federal disability and has no power over New York's licensing scheme, and a New York licensing officer has no authority over the federal one. Two doors, two keys.

New York's door is Penal Law § 400.00, which requires a license for handgun possession and disqualifies anyone convicted anywhere of a felony or a "serious offense." That second category catches people who assume it does not apply to them. It includes certain misdemeanors, which means there are New Yorkers who are not federally prohibited at all and still cannot get a license here.

The Certificate Route

New York does provide a path. A Certificate of Relief from Disabilities or a Certificate of Good Conduct, issued under the Correction Law, can restore eligibility for a firearms license. There are two catches, and both matter more than people expect.

The first is that the certificate has to say so. Firearm relief is not automatic and it is not implied. The restoration has to be specified in the document itself, and most certificates are issued without it because most people applying for one are trying to get a job or a professional license and never raise the question. Someone who received a Certificate of Relief in 2014 to clear an employment barrier is very likely holding a certificate that is silent on firearms. It does not help him, and he usually has no idea until he applies for a license and gets denied.

The second is that some convictions are excluded outright. A Class A-I felony or a violent felony as defined in Penal Law § 70.02(1) cannot be cured by either certificate. For those convictions the only remaining state route is a pardon from the Governor, which is a different process with very different odds.

If Your Conviction Was Federal or Out of State

This is where most § 925(c) applicants land. A Certificate of Relief for a New York conviction generally comes from the sentencing court. For a New York resident whose judgment was entered in federal court or in another state, the Correction Law puts that authority with the Department of Corrections and Community Supervision, which can issue a certificate to an eligible offender who resides in this state and whose conviction was rendered elsewhere.

So the full sequence for someone with a federal conviction living in New York is federal relief, then a state certificate that specifically restores firearm eligibility, then a license application. Skipping to the last step is how people waste a year.

The Licensing Officer Still Has to Say Yes

Clearing the statutory bar makes you eligible. It does not get you a license. You still apply to the licensing officer where you live, and that officer exercises discretion over character and fitness. In New York City the licensing officer is the Police Commissioner, which means the application runs through the NYPD License Division. Outside the city it is a county judge or sheriff depending on the county. The standards are not uniform across the state, and the same file can land differently in different counties.

How We Can Help

We work on both halves of this problem, which is the point. Most firms handling § 925(c) applications are national practices with no New York presence, and most New York criminal defense firms are not doing federal restoration work.

What We Handle

Mapping which relief you actually need, in what order, based on the conviction and where it was entered
Federal § 925(c) applications, including records gathering and the written presentation
Certificate of Relief and Certificate of Good Conduct applications, with the firearm relief expressly requested rather than left out
Reviewing certificates you already hold to determine whether they cover firearms at all
Assessing whether a conviction falls within § 70.02(1) before you spend money finding out
License applications and denials before the NYPD License Division and county licensing officers

Not everyone should start this. If your conviction is a violent felony, the certificate route is closed and the honest answer is that a pardon petition is your remaining option. We would rather tell you that on the phone than after a retainer.

What to Expect

Conviction Review.

We look at the judgment, the statute of conviction, and where it was entered. That determines which certificate is available, who issues it, and whether § 70.02(1) forecloses the state route entirely.
Sequencing.

Federal and state relief can run on separate tracks, and in some cases the order matters. We tell you what to file, where, and in what order before anything gets submitted.
The Applications.

We prepare the federal application and the certificate petition, making sure the certificate petition expressly asks for firearm relief rather than leaving it to be inferred.
Licensing.

Once eligibility is restored, we handle the license application and, if it comes back denied, the challenge to that decision.

Why Clients Come to Us for This

Both sides of the problem. Federal restoration and New York licensing law, in one firm.
Federal criminal practice for more than 40 years. Appeals, § 2255 petitions, compassionate release, and now § 925(c).
You talk to the attorneys. Richard Levitt and Nicholas Kaizer.
Free consultation. Including the part where we tell you not to bother.

Frequently Asked Questions

I got my federal rights restored. Can I buy a gun in New York now?

No. The federal grant removes the federal disability and has no effect on New York law. Penal Law § 400.00 still disqualifies you based on the underlying conviction, and you still need a license to possess a handgun here. Until you obtain a certificate that expressly restores firearm eligibility and then a license from your licensing officer, possession in New York remains a crime. Our federal restoration page covers what the § 925(c) grant does accomplish.

I already have a Certificate of Relief from Disabilities. Am I set?

Check what it says. Firearm relief has to be specified in the certificate, and most certificates issued for employment or licensing purposes are silent on it. A certificate that does not mention firearms does not restore firearm eligibility. In many cases you can apply for a new or amended certificate that does. Send us the document and we can tell you in a few minutes.

Does this apply to long guns, or only handguns?

New York's licensing requirement under § 400.00 is directed at handguns, but the underlying disqualification from a felony or serious offense conviction reaches possession more broadly, and New York City has its own separate rules for rifles and shotguns. The short answer is that the analysis is different for long guns and it is not automatically more permissive. Ask before you assume.

My conviction was violent. Is there anything I can do?

Not through the certificate route. Class A-I felonies and violent felonies under § 70.02(1) are excluded from both the Certificate of Relief and the Certificate of Good Conduct. That leaves a pardon from the Governor, which is discretionary, rare, and slow. We will give you a straight assessment rather than take a retainer for a filing that cannot succeed.

I'm licensed outside New York State but want to take my firearm into New York. Does any of this help?

That is a separate problem with severe consequences for violators, and restoration does not solve it on its own. Our post on lawful gun owners crossing into New York covers how NYS treats firearm possession by persons licensed outside NYS who enter with a firearm, as well as those with a license in NYS but outside NYC who want to carry a firearm into NYC.

Find Out Which Relief You Actually Need

Most people call us having researched one half of this and not the other. Send us the judgment of conviction and any certificate you already hold, and we will tell you what is available and in what order. Call (212) 480-4000 or (917) 324-4000.

CONTACT US

📞 Call: Levitt & Kaizer: office (212) 480-4000 cell (917) 324-4000

📍 Office: 40 Fulton Street, Suite 1702, New York, NY 10038-1850

🖥️ Website: www.levittandkaizer.com