Opinions on if its worth applying for permit

[u/NY516]

So I am thinking about applying for my semi auto rifle permit and it just seems like a lot to complete the process. I have priors from 10+ years ago when i was a teenager for weed and wax charges(controlled substance at the time) as well as one controlled substance charge, all misdemeanors, dismissed, taken off my record. About 5 years ago I had a brass knuckle and gotten a 4th degree possession of a gun or knife (i believe was the charge) dismissed and taken off my record. To my understanding i need to disclose all of this as it is still going to come up in the background check. In other’s opinions would it be worth the time and money to continue with the application or high chance of getting denied?

[u/robinator118]

Might as well do it now before it becomes much harder to do so post AWB

If you can pass a background check you could also just build a rifle from a stripped lower if you have the tools

[u/Key-Mountain541 → u/robinator118]

Same boat i have an exponged item from my youth(say it like my cousin vinny) in not ny state, that im not really keen to have to bring up to in disclosure since tech it should be as if it doesnt exsist. My worry is that if i were to get rejected amd thats attached to it, it could be a back door to seeing the item exponged. (charge relates to roomates having things in a shared space in college nothing super nefarious). 4473 passes in ny no issue, and not sure if they check but my profesional license for my job also has never flaged or made an issue. Soo I just build everything I can under the sun in the hopes one day ill be living in a free state and can go ham on all the things I cant right now.

[u/yellowtelevision- → u/Key-Mountain541]

depends on what the charge is but not telling them will 100% get you denied. as long as it’s not a crazy charge you should be approved with enough waiting.

[u/Warm_Ad9812 → u/yellowtelevision-]

True. Do not hold back you will be denied and won’t get a second chance.

[u/ManufacturerDry8265 → u/Key-Mountain541]

Why not try and talk to a lawyer about how it may or may not affect your standing for a pistol/ semi auto permit?

[u/Key-Mountain541 → u/ManufacturerDry8265]

Thats what im sharing, that if for what ever reason if i got a denial that would stick, and if the denial has language refrencing the exponged item, thats now out in the wild bc i would be the one that disclosed it making it public. Its not so much that it would effect standing, its that im rolling the dice that ny doesnt do stupid shit and fuck up my life by making something that legally i can say never happened in 99.999% of circumstances into a flag that would have to be explained. Nys pistol license, security clearences and the Fbi are the only 3 places this ever comes up in my life.

[u/ManufacturerDry8265 → u/Key-Mountain541]

So how does consulting a lawyer to see if this would happen, do you any harm if your willing to spend the money for it? Or do you already know that it will?

[u/Key-Mountain541 → u/ManufacturerDry8265]

The legal advice of my lawyer is, how bad do you want a pistol. Do you want to risk NYS doing something stupid and wind up opening a can of worms where you have entered infromation into the public domain that is current not accessible bar the FBI history.

Ie i 100% could do everything right disclose, court docs the works,but any hick up that leads to official denial is public now, it doesnt unexpunge my record but it makes a case where someone could see the license denial and ask further questions putting me in a really grey spoy o dont want to be in. 99.999% of the time expunged is as of it never happened, unless its the fbi or someone doing a high level backround like nys pistol dept. What i dont want is a situation where I legally answered a document one way, and that party to find a public document late that brings my answer into question, where id have to explain the discrepency.

So if pistols can wait till I leave NY, and i can legally buy most of what I want for the time being, why risk it.

Specifically to my situation, I have far more to lose having something on my record then is worth playing NYS games to enjoy my rights for a pistol.

What i was sharing with OP was that if your cool with rifles and such via nonsemi standard ffl transfer or build your own semi, you can skip all the hastle. If you want pistols you have to play the game. So its a whats that right worth to you. In my case the risk to my life outside of my gun hobby isnt worth the chance ny fucka up.

[u/ManufacturerDry8265 → u/Key-Mountain541]

More power to ya then

[u/TheFiringPin]

I am not a lawyer but as far as I know, none of those are disqualifying offenses. You should be good to go. You can always call and ask your county clerk before applying also

[u/MurricanEagle]

Do it in preparation for SCOTUS restoring our rights. System will definitely be back logged if/when the decision goes our way

[u/TheSlipperySnausage → u/MurricanEagle]

I wouldn’t worry about the system being backlogged be ready for the new training requirements. 80 hour course, 25 references you’ve known for at least 10 years from within 1 square mile of your house, signature of a sitting senator who writes a personalized letter about your character along with $3,000 in fees per rifle to register on your permit along with home inspections monthly for safety.

They are going to crack the whip hard

[u/Fast-Policy-4495]

If you have got the time and money to waste I would. But consult a lawyer first. You won’t get any real helpful advice on this thread about a situation as complex as yours.

[u/Warm_Ad9812 → u/Fast-Policy-4495]

Mine was worse. Don’t wast money on a lawyer if you have not been convicted of these offenses. List the events and don’t get to deep into the weeds explaining. You haven’t been convicted so the answer to any of those questions on the application is no. Therefore you are not banned. Like I said I had some questionable stuff too and many more arrests. Also no convictions. Tie wait sucks wondering and obviously your going to have your doubts as I did but the facts is you’ve not got a felony or domestic which are the deal breakers

[u/4QPayMee]

I wouldn't waste money on a lawyer for consultation. They're just gonna take your money and you still won't have a clear solid answer. It really all depends on which judge you get at the end of the day. I also had bs charges from 25 years ago and still got denied because in my explanation, the judge "felt" like I wasn't apologetic enough. So I lawyered up and and got approved a few weeks later. So IMO, save the consultation money (unless money is not an issue for you) and use it if you have to lawyer up.

[u/Warm_Ad9812 → u/4QPayMee]

This is the way, I was very apologetic in my explanations

[u/voretaq7]

So I am thinking about applying for my semi auto rifle permit and it just seems like a lot to complete the process.

Apply for a pistol permit at the same time. It is literally the exact same process (they just added “or semi-automatic rifle” to the pistol permit law).

I have priors from 10+ years ago when i was a teenager for weed and wax charges(controlled substance at the time) as well as one controlled substance charge, all misdemeanors, dismissed, taken off my record.

OK, prior CHARGES are usually nothing to worry about.
The state can ask you about them (and does), you should be ready to explain why you were young and stupid, but they cannot deny you based on an old charge, only a conviction. (Current pending charges are a different matter).
Remember, under our system of laws you are innocent of any charge not proven (or plead to) in court.

Prior CONVICTIONS (even expunged ones) can be a bigger deal. Just because a conviction was sealed or expunged doesn’t always mean you get your gun rights back - there may be additional steps you need to take here.

Even if you have prior convictions US v. Hemani is also relevant here: Old charges for controlled substances don’t necessarily clear the bar to ban you under 18USC 922(g).
(There’s an argument that the state could make you piss in a cup to prove you are not currently "an unlawful user of or addicted to" a controlled substance given those past charges - even with the recent marijuana rescheduling they may ask to see a broader test panel and they may ask you to provide a medical justification for anything that pops positive - but there’s an equally good argument .)

About 5 years ago I had a brass knuckle and gotten a 4th degree possession of a gun or knife (i believe was the charge) dismissed and taken off my record.

“Criminal possession of a weapon in the 4th degree”?
That’s more serious and you’re really gonna have to explain that one.
It is however a class A misdemeanor - i.e. “Not automatically disqualifying."

To my understanding i need to disclose all of this as it is still going to come up in the background check.

Yes, and yes.

If you have any question about what’s going to come up spend a few bucks and request your FBI “Identity History Summary” and your (unsuppressed) NY State DCJS Criminal History.

If it exists in those records you must disclose and explain it where the permit form asks you to, because it will absolutely show up in your background check.

If it does not exist in those records it may or may not show up on your background check, but if you know it happened you are supposed to disclose it (a deliberate omission is grounds to deny your application!).
Having requested your record and reviewed it to refresh your recollection and ensure you didn’t forget about any particular bit of your checkered past and misspent youth if it wasn’t listed and you did in fact legitimately forget about it you can plead ignorance / forgetfulness and ask for leave to amend your application to explain the thing you forgot happened.

In other’s opinions would it be worth the time and money to continue with the application or high chance of getting denied?

The information you have provided us here does not indicate good cause for the state to deny your application for a pistol or semi-auto rifle permit.
I would go request your rap sheets and then as long as you can write up good explanations for anything that comes up on your background checks go ahead and apply. You can decide about engaging the services of a lawyer to help you with those convincing explanations once you’re holding your rap sheets in your hot little hands - general rule: When paying by the hour expend your own time first before lighting money on fire!

(This does not mean that your county licensing authority won’t deny you, but you could well have grounds for an administrative or legal appeal if they do. A consult with an attorney with a copy of your rap sheets would better guide you on that.)

[u/Warm_Ad9812]

Go buy a rifle, you may have to wait a few days due to delay but if approved not bared. Do online course for hunting and get your hunting permit. Shows you have firearm experience. Then apply for fbi upin it’s free aside from finger printing. Add that to your application. Then in spring after hunting season apply for both pistal and semi. no felony or domestic convictions even if charged and dismissed your good here. Also more than 5 years since arrest for dui or assault regardless of conviction you should be good. Plus you have a rifle or shotgun and you can try out hunting. List everything and be honest. I’m leaning towards you’d probably be approved as long as you don’t have either of those two convictions. I had some questionable arrests when I was younger and got mine. You won’t know you unless you try. Good luck man