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2 Duis, 20 Years Apart, Various States

Been involved in a traffic accident? Discuss traffic laws here

2 Duis, 20 Years Apart, Various States

Postby Thawain » Tue Dec 06, 2016 5:51 am

Hola,

Am moving to North Dakota from NY, and am planning on buying another handgun. I received a DUI in TX 20 years ago, and one in NY 2 years ago. Both minor misdemeanors, Fines paid, no jail time for either. From what I can tell, I am not a prohibited person, though I'm sure I'll get extra scrutiny during the background check. I bought a gun a few years after the 1st DUI w/o problem. Is my analysis of the situation correct?
Thawain
 
Posts: 38
Joined: Sat Mar 08, 2014 4:32 am

2 Duis, 20 Years Apart, Various States

Postby Olney » Wed Dec 07, 2016 4:17 pm

If you are moving into New York and already own a handgun, be aware that you may not lawfully bring that handgun into NY without a NY-issued license to possess a handgun. Unlike most states, NY requires a license to even keep a handgun in your own home. Generally speaking, it would be highly advisable to contact the licensing authority in the NY county where one is planning to move and inquire about getting a license before bringing any handguns into the state.

As long as the misdemeanor DUIs were punishable by a term of imprisonment of two years or less, then you would not be a prohibited person under federal law.

Regarding eligibility for a NYS handgun license, be aware that there are essentially two types: one to possess in your home or place of business(a "premises" license) and one to carry concealed, though these carry licenses are frequently restricted for business purposes, hunting and target shooting, etc., depending on what county is issuing the license and the "proper cause" listed by the applicant.

A premises license is more or less a "shall issue" license as long as the applicant is of proper age, of good moral character, has not been convicted of a felony or serious offense, has no history of mental illness, and has not had a license revoked or suspended. The burden is on the licensing officer to show "good cause exists for the denial of the license" to such an applicant. It is typically easier to get a premises license than a carry license.

Issuance of a carry license is discretionary on the part the licensing officer. The courts vest great discretion in the licensing officers and generally uphold their denials of a license as long as the action was not arbitrary or capricious. Each county has its own licensing officer(Suffolk has two) and New York City is a world of its own. In each locale, the standards for issuance will depend on the attitude and policies of the licensing officer. Whether the applicant will be successful depends upon those standards and the specifics of the individual application under consideration. One county's licensing officer may find that your DUI 2 years ago makes you unsuitable for a full carry license, but does not disqualify you for a sportsmen's license; another may find that you are unsuitable for any kind of carry license.

So, it is not just a question of "extra scrutiny during the background check," as it may be in a state where only federal laws and regulations apply to the purchase of a firearm. Federal law does not appear to be relevant, from what you've stated. Once in New York, you will be under a very strict state regulatory scheme that can consider just about any criteria--your employment history, stability of residences, domestic incidents, traffic violations, misdemeanors, etc.--to assess whether you're a suitable person to obtain a license to possess a handgun. ---ADDENDUM---

As a helpful person pointed out in a followup(and thank you for that), I misread the question and now see you are moving FROM New York TO North Dakota. That does not change the analysis as respects federal law. That is, somebody convicted only of misdemeanors punishable by less than 2 years in jail, other than a domestic violence misdemeanor, would not be prohibited from possessing firearms or ammunition. As to whether there are any state restrictions, consult this guidance pamphlet from NRA: http://www.nraila.org/statelawpdfs/NDSL.pdf . Among other things, it states that "any person convicted of ... of a Class A misdemeanor involving violence or intimidation and that crime was committed while using or possessing a dangerous weapon or firearm is prohibited from owning or possessing a firearm for five years from the date of conviction or release from incarceration or probation, whichever is the latter." Misdemeanor DUIs would not appear to fall within this category.
Olney
 
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Joined: Wed Jan 08, 2014 4:27 am

2 Duis, 20 Years Apart, Various States

Postby Deorwine » Wed Dec 07, 2016 9:59 pm

Hola,

Am moving to North Dakota from NY, and am planning on buying another handgun. I received a DUI in TX 20 years ago, and one in NY 2 years ago. Both minor misdemeanors, Fines paid, no jail time for either. From what I can tell, I am not a prohibited person, though I'm sure I'll get extra scrutiny during the background check. I bought a gun a few years after the 1st DUI w/o problem. Is my analysis of the situation correct?
Deorwine
 
Posts: 66
Joined: Tue Jan 07, 2014 12:13 pm


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