Firearms and Gun Lawyers in New York - Nave Law Firm, Syracuse, NY

Gun and Firearms lawyers in Syracuse
The Second Amendment

The people of our country are guaranteed the right to bear arms under the Second Amendment. The Second Amendment reads: “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Individuals have the right to possess a firearm unconnected with service in a militia and to use it for traditionally lawful purposes, such as self-defense within the home. The language of the Amendment has resulted in an ongoing debate regarding the Amendment’s intended scope. It was ratified on December 15, 1791 as a part of the Bill of Rights. You can read more about your rights specifically within New York State, and learn more about registering your firearms here: https://safeact.ny.gov/

Second Amendments Types
Unlawful Seizure/Retention of Firearms

The most common reason that firearms are seized by law enforcement is for use as evidence in a criminal case, or to be taken into Police custody for “safekeeping.” You may need an attorney if your firearms are seized by law enforcement. Having an attorney may also benefit you if you received a criminal conviction, and your guns were seized. Your attorney may be able to obtain a court order to release the seized firearms to an eligible relative or friend.

Firearms-Related Charges

Possession of illegal weapon charges tend to be lower than costs that involve the actual use of a weapon. Convicted felons are not allowed to possess firearms under state or federal statutes. There are two defenses for firearm-related charges. The first one is more of a necessary defense that is charged based on possession and to prove that the defendant did not have the weapon. The second defense is to show that the firearm was not illegal.

Pistol License Suspension/Revocation

The court can revoke any such existing license possessed by the defendant, order the defendant ineligible for such a permit, and also order the immediate surrender of any or all firearms owned or maintained by the defendant. After any state revokes someone’s firearm permit(s), any other states that he or she moves to will not issue a license in spite of that action.

NICS Denials and Appeals

Thousands of people per year are wrongly denied the right to purchase a firearm because the NICS has misidentified them and has incorrectly attributed a potentially prohibited record to them. However, there is an appeal process that can take place. We could help you get your firearms if your firearm purchase denial was inappropriate under the law. We can also advise you of your rights before purchasing a weapon.

Pistol License Applications: When do you need an attorney

The state-wide New York State Pistol/Revolver Application form is required to be filled out when applying for a pistol license, and each county has a different process. It is crucial to be honest in the

application because you have sworn under the penalty of perjury that the information is accurate – criminal prosecution can be a consequence if you put down false information. You WILL need an attorney if you feel you have the possibility of being denied as a result of previous legal issues. The experienced legal team at Nave Law can help.

Certificate of Relief from Civil Disabilities – NY State and Federal Convictions

A Certificate of Relief from Disabilities (CRD) is a way to remove the inevitable collateral consequences of a criminal conviction. Having a CRD can remove bars from applying for jobs, licenses, public housing, and more. However, if you are granted a CRD, it does not mean your pistol application will be given in the same way as an individual who has no history of convictions.

Certificates of Disposition

A Certificate of Disposition is an official court document that indicates the current status of a criminal case or its final disposition. There are numerous steps to take before obtaining a Certificate of Disposition for your New York State Pistol application and we are here to help you through the process!

Divorce and Your Pistol License/Firearms

If the gun was obtained during the marriage, it becomes marital property. There are exceptions to this rule, and it does not mean that you have to give up your property. Experienced attorneys at Nave Law are here to help.

Unlawful Seizure/Retention of Firearms
Unlawful Seizure/Retention of Firearms

The most common reason that firearms are seized by law enforcement is for use as evidence in a criminal case, or to be taken into Police custody for “safekeeping.” You may need an attorney if your firearms are seized by law enforcement. Having an attorney may also benefit you if you received a criminal conviction, and your guns were seized. Your attorney may be able to obtain a court order to release the seized firearms to an eligible relative or friend.

Firearms-Related Charges
Firearms-Related Charges

Possession of illegal weapon charges tend to be lower than costs that involve the actual use of a weapon. Convicted felons are not allowed to possess firearms under state or federal statutes. There are two defenses for firearm-related charges. The first one is more of a necessary defense that is charged based on possession and to prove that the defendant did not have the weapon. The second defense is to show that the firearm was not illegal.

Pistol License Suspension/Revocation
Pistol License Suspension/Revocation

The court can revoke any such existing license possessed by the defendant, order the defendant ineligible for such a permit, and also order the immediate surrender of any or all firearms owned or maintained by the defendant. After any state revokes someone’s firearm permit(s), any other states that he or she moves to will not issue a license in spite of that action.

NICS Denials and Appeals
NICS Denials and Appeals

Thousands of people per year are wrongly denied the right to purchase a firearm because the NICS has misidentified them and has incorrectly attributed a potentially prohibited record to them. However, there is an appeal process that can take place. We could help you get your firearms if your firearm purchase denial was inappropriate under the law. We can also advise you of your rights before purchasing a weapon.

Pistol License Applications: When do you need an attorney
Pistol License Applications: When do you need an attorney

The state-wide New York State Pistol/Revolver Application form is required to be filled out when applying for a pistol license, and each county has a different process. It is crucial to be honest in the

application because you have sworn under the penalty of perjury that the information is accurate – criminal prosecution can be a consequence if you put down false information. You WILL need an attorney if you feel you have the possibility of being denied as a result of previous legal issues. The experienced legal team at Nave Law can help.

Certificate of Relief from Civil Disabilities – NY State and Federal Convictions
Certificate of Relief from Civil Disabilities – NY State and Federal Convictions

A Certificate of Relief from Disabilities (CRD) is a way to remove the inevitable collateral consequences of a criminal conviction. Having a CRD can remove bars from applying for jobs, licenses, public housing, and more. However, if you are granted a CRD, it does not mean your pistol application will be given in the same way as an individual who has no history of convictions.

Certificates of Disposition
Certificates of Disposition

A Certificate of Disposition is an official court document that indicates the current status of a criminal case or its final disposition. There are numerous steps to take before obtaining a Certificate of Disposition for your New York State Pistol application and we are here to help you through the process!

Divorce and Your Pistol License/Firearms
Divorce and Your Pistol License/Firearms

If the gun was obtained during the marriage, it becomes marital property. There are exceptions to this rule, and it does not mean that you have to give up your property. Experienced attorneys at Nave Law are here to help.

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