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Old 01-22-2008 | 07:25 AM
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eldeguello
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Joined: Feb 2003
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From: Texas - BUT NOW in Madison County, NY
Default RE: Should Felons own Firearms?

ORIGINAL: Duramax05

I know someone who was involved in a car accident and was convicted of vehicluar manslaughter because he pleaded guilty to racing. An oncomming car swerved off the road and the woman had a heart attack. He was very young when this happened. He can't hunt anymore. In this case I think he should be allowed to own a firearm.
This person needs to go to the local County Probation Department, and ask for assistance in preparing a Request for Relief from Disabilities, which is then submitted to the Judge of the Superior (County Judge) Court in which his conviction took place.

IF he has/had a Probation Officer in this case, that Probation OIfficercan help him. If this approach does not work, then he needs to contact a local attorney to have this request prepared and submitted. NY has a regular blank form called a Request for Relief From Disabilities that is filled out and then submitted to the court. This form is only one or two pages long-no problem at all preparing it -BUT when the Judge gets it, he may approve it or NOT, as he sees fit. But it's worth a try!

[align=left]CERTIFICATES OF RELIEF FROM DISABILITIES[/align][align=left]AND CERTIFICATES OF GOOD CONDUCT FORM DPCA -53 (04/04)[/align]

(See Articles 23 and 23-A of the Correction Law, §§700-706 and §§750-755)

http://dpca.state.ny.us/pdfs/dpca53.pdf

There seems to be more involved IF the person was sentenced to a term of incarceration IN A NY STATE DEPARTMENT OF CORRECTIONS INSTITUTION. If this happened, the person must apply to the State Parole Board. I believe a lawyer would be a big help in such cases.

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