Tuesday, January 13, 2015

Ithaca DWI Lawyer: Can You Keep Your Handguns (pistol permits) with New York DWI Charges?


Sometimes people are surprised at the number, and the type of collateral effects that come of any New York criminal DWI charge. How it affects so many seemingly unrelated things like say your pistol permit is often a shock.

Read it and weep, You have a NATURAL God Given Right
from ammoheads.com

Is Your constitutional right to bear (hand) arms is in jeopardy following your DWI arrest?

Read carefully the second amendment doesn't give you the right it prevents the government from infringing upon it.

Pistols (handguns) versus "Guns"

Now before you start bashing my misuse of firearm words and terms please allow me some leeway. I do know that clips are not magazines but I am not a gun person or a hunter. I love to eat meat but I have a personal preference for cows and pigs.

The Law Wants Your Handguns

Under New York law, after YOUR DWI or DWAI arrest YOU MUST HAND IN YOUR GUNS TO THE LOCAL SHERIFF IMMEDIATELY. You will receive a letter from your local county court judge. Not handing them in makes you subject to ARREST again!

BTW rifles, shotguns and the like are exempt from being turned in, ONLY HANDGUNS AND YOUR PISTOL PERMIT MUST BE TURNED INTO THE SHERIFF. Now allow me to explain,


If you hold a pistol permit, the mere fact that you were arrested WILL result in an immediate suspension of your right to possess a firearm. If you are convicted of any section of VTL §1192, a hearing will be held to determine the length of any revocation period. This hearing would be conducted separately from your case and may be before a judge or a judge's law clerk. Remember, Pistols (handguns) are treated differently than rifles (hunting ) when it comes to any charged offenses.

Depending upon the outcome of your DWI case your right to have pistol permit could be permanently revoked.


     Over the years, I have helped many people after their DWI cases were concluded with then re-obtaining their
     guns. Some judges want a "package" of sorts explaining what you have learned since your arrest, where you
     are mentally, where you are socially as to drinking, and where you are as to safety.

You can apply for your return of permit and guns after your case is concluded, that may mean after you have met court conditions. Some courts/judges require more than others. Showing (proving) rehabilitation as a person following an event like a DWI which in their minds indicate poor judgment or lack of good judgment is paramount.

My package would likely include a DWI drug/alcohol evaluation aka an assessment, completion of the DMV DDP (drinking driver program), attendance at a VIP (victim impact panel), proof of paid fines and surcharges, and a letter explaining what you have learned from the experience of your DWI.

Why is YOUR Evaluation is Vital to Getting Back Your Handguns?

The importance of a drug/alcohol evaluation aka the assessment is paramount to assuring the authorities you are NOT a risk. Not a risk to yourself, to the community, and most importantly to the people around you. They are probably picturing in their minds some guy in his garage or basement caressing and cleaning their handguns while contemplating some cray scheme.

Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses. I am an attorney, former chiropractor, coach, advisor, and professional speaker.

My online materials include over 500 + blog posts, dozens of articles, and over 500 + informative videos on my youtube channel. I have authored and co-authored numerous books and articles on law both universal and man-made.

I was selected by Super Lawyers as a Upstate New York 2013 Rising Star in DWI/DUI Defense based on my experience, contributions, and professional standing.