Felony and Guns

Felony and Guns

syracusese-attorney-david-zukher-on-krockOn Krock, a listener called with this question: If I have a felony on my record, can I go to the range with my friends and just shoot the gun as long as I don’t own the gun?The quickest answer Attorney Zukher has ever given on the show~ “No.”

 “No, do not do it.”

New York State is one of the most serious when it comes to gun laws. Gun charges carry serious penalties on convictions. Folks with felonies on their records are urged to stay clear away from any sort of firearm for any purpose, even hunting, or a day at the shooting range.

If a felon is found in possession of a firearm, not necessarily their firearm-but any firearm, they will be arrested. The sentence doubles for these people because they are considered a predicate if their felony conviction was less than ten years old. Sentences for these crimes can carry prison terms of up to 14 years,

In case we weren’t clear, if you have a felony on your record, are on parole, or probation, do not go near a firearm. Don’t hunt with a firearm, take up fishing. Go to the driving range instead of the firing range. Don’t go to the gun show, go to the boat show. If there is a gun in the same room with you, leave the room.

A second listener called with a real dilemma: With a felony conviction on his record, his fiancee’ carries a pistol for work each day and is required to carry the firearm. What should someone in this circumstance do? Attorney Zukher advised the caller to take several steps; Ensure there is a gun safe at the home, and that it remains locked at all times, ensure proper safety precautions are taken, and finally to petition the judge for a Certificate of Relief from Disabilities. In the petition, explain to court the reason and the exception he is seeking, and it may be granted that he is permitted in the same household under certain circumstances depending on the variables of his particular case.

For more information on the Certificate of Relief from Disabilities see our related blog article Removing a Criminal Charge From Your Record. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.
See additional articles:

How do I remove a criminal charge from my record?

What you should know about Probable Cause

Self-defense or Crime? The Justification defense

Robbery vs Burglary

NY Room Presumption- Guns and Drugs belong to everyone

New York Gun Laws

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