I am a victim of domestic violence and the abuser has a gun. Is that legal?
Under New York state law, a person can only get a gun license or renew an existing gun license if s/he:
- is over age 21 (except for someone who was honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York - in that case, s/he can be under 21);
- is of "good moral character;"
- has not been convicted anywhere of, and does not have an outstanding arrest warrant for, a felony or a serious offense;
- is not a fugitive from justice;
- is not an unlawful drug user or addicted to any controlled substance;
- is not an undocumented immigrant (or has not renounced his or her U.S. citizenship);
- has not been discharged from the Armed Forces under dishonorable conditions;
- has not been involuntarily committed to a mental health facility by a judge;
- has not had his/her gun license revoked or who is not under a suspension or ineligibility order;
- has successfully completed a firearms safety course and test (in counties where this is required and where applicable); and
- has not had a guardian appointed for him/her based on subnormal intelligence, mental illness, incapacity, condition or disease, or that s/he lacks the mental capacity to contract or manage his or her own affairs.1
1 NY Penal Law § 400.00(1)