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    DwellingInGa's Avatar
    DwellingInGa Posts: 7, Reputation: 2
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    #1

    Mar 15, 2012, 03:25 PM
    Can I obtain a gun with a sealed charge (Robbery 3rd degree NY State?)
    I've been told a sealed charge, may not be a conviction but a disposition.
    rlrl2010's Avatar
    rlrl2010 Posts: 85, Reputation: 3
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    #2

    Mar 15, 2012, 05:13 PM
    A conviction IS a disposition

    The only convictions that get sealed in NY are violation (non criminal offenses) convictions like this con or harassment

    Crimes convictions like robbery in NY state don't seal unless the charge was acquitted or dismissed
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
    Entomology Expert
     
    #3

    Mar 15, 2012, 06:24 PM
    Your overall question confused me but I can tell you this... if you have a felony on your record, no, you can't legally own a gun anywhere in the US.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 15, 2012, 07:17 PM
    Have you went to court to get your gun rights restored ?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Mar 15, 2012, 07:18 PM
    Quote Originally Posted by rlrl2010 View Post
    a conviction IS a disposition
    ...
    But the question would be: "Is a disposition a conviction?"
    DwellingInGa's Avatar
    DwellingInGa Posts: 7, Reputation: 2
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    #6

    Mar 16, 2012, 11:47 AM
    I went through the FBI (NICS) they told me I needed a type A or B Certificate of Relief and Disabilities. I was told it automatically reinstates my gun rights (NY grants CRD's if you only have one felony conviction) But when I received my CRD in the mail, the judge wrote "No Firearms" IDK what's the point of the CRD if there is a restriction on it! But I'm getting confliction information from NICS to the ATF of NY State. One says my gun rights have been restored, the other says I have to honor the restriction. So here I am!
    DwellingInGa's Avatar
    DwellingInGa Posts: 7, Reputation: 2
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    #7

    Mar 16, 2012, 11:47 AM
    Conflicting* my bad
    DwellingInGa's Avatar
    DwellingInGa Posts: 7, Reputation: 2
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    #8

    Mar 16, 2012, 11:53 AM
    It was labeled Robbery 3rd Degree (sealed with time served) I had a cousin who got molested by his babysitter when he was a small child. Well the years have passed, and when I was 16, I was walking with my cousin (victim) and we came across the ol' babysitter. I wanted him to relieve some built up stress and beat the guy up (the lovely judicial system dropped the charges and let the babysitter go) He handed me a pair of cheap sunglasses and took off running to the police department and filed a complaint after he realized what was going to happen. The courts did not want to prosecute him, but me with a felony, stating the sunglasses were of a certain value! I just don't understand the courts.. balance scale of justice. Right and wrong!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Mar 16, 2012, 11:59 AM
    Quote Originally Posted by DwellingInGa View Post
    I went thru the FBI (NICS) they told me I needed a type A or B Certificate of Relief and Disabilities. I was told it automatically reinstates my gun rights (NY grants CRD's if you only have one felony conviction) But when I recieved my CRD in the mail, the judge wrote "No Firearms" IDK whats the point of the CRD if there is a restriction on it! But I'm getting confliction information from NICS to the ATF of NY State. One says my gun rights have been restored, the other says I have to honor the restriction. So here I am!

    NY rules here - the Judge (speaking for the Court system) does not want you to have a firearm.

    I'm in NY.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    Mar 16, 2012, 04:29 PM
    Hello D:

    Here's the deal.. Go to a gun store and buy a gun. Fill out the paperwork and let the federal government do its thing. IF you're allowed to own a gun, it'll come back approved. If not, it won't.

    excon
    DwellingInGa's Avatar
    DwellingInGa Posts: 7, Reputation: 2
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    #11

    Mar 19, 2012, 12:30 PM
    I have went through that process... I went to purchase a gun from a retailer. I was put on hold for three days and then denied. I was told that my rights could be restored... I have been trying to restore them since May 2nd of 2011. Yes... I have been tainted with a felony... but the felony is over sunglasses! We have a President who is sitting in the Oval Office as PRESIDENT OF THE UNITED STATES! He has applied for foreign aid as a student (committed felony fraud) if you stick by the story stating "he was born in Hawaii!" But they just discovered the certificate he presented was fraudulent. If he can do this... I strongly believe there is a way for me to possess a firearm with a felony over sunglasses! I just want to restore my gun rights... and have the option to protect my family if the situation occurs where they are in harms way!
    DwellingInGa's Avatar
    DwellingInGa Posts: 7, Reputation: 2
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    #12

    Mar 19, 2012, 12:33 PM
    I have not been through the courts yet... I was told that all I needed was a CRD. So I must go that route? They are giving me the run around?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Mar 19, 2012, 12:56 PM
    I don't know who told you you could get a gun in NY with a felony, but it really doesn't matter.

    A Judge has said you can't.

    So - hire an Attorney, go back to Court and try to get your "rights" reinstated.

    And, yes, your record is tainted by a felony. Why is this gun so important to you? I'm concerned about your show of temper in #11 above, attempting to tie where President Obama was born and your failure to get permission to own a firearm together.

    Please post your political comments - and back them up - in the political forum. If you want to discuss guns and how you get a permit, post here.

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