Legal Question in Criminal Law in New York

Lautenberg Act/ Gun Control Act of 1968

My question pertains to the Lautenberg Act/ Gun Control Act of 1968 and Federal Law under Title 18 USC 922. If a law enforcement officer has a conviction of Harassment 2 Degree under NYS Penal Law, is this considered a Misdemeanor conviction of Domestic Violence under the aforementioned laws that would disqualify a law enforcement officer from carrying a firearm in the performance of their duties?


Asked on 6/07/02, 10:23 pm

3 Answers from Attorneys

Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Lautenberg Act/ Gun Control Act of 1968

Criminal offenses take three forms in New York State: a violation (not a crime), and misdemeanors and felonies (both of which are crimes). Harassment 2nd degree is a violation, i.e. not a crime.

Read more
Answered on 6/10/02, 9:20 am
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Lautenberg Act/ Gun Control Act of 1968

It might be, and yes I know, that's "typical" lawyerese.

I'm assuming that you're a law enforcement professional, otherwise you wouldn't be asking this. I would recommend that you do the following just to "make sure."

If your union has an attorney that you can use - meaning, enter into a confidential attorney-client relationship - contact them. They are going to need to review the Complaint/Information as well as the supporting deposition - the "factual allegations" are what's important here, to answer your question.

If you're not a member of the union - e-mail me privately and I'll put you in touch with an attorney in your area that handles these cases. I'm a Vice President of the NYS Association of Criminal Defense Lawyers.

This is a somewhat complex area, because of the inter-play between state and federal law, so don't just use any attorney. You need someone with expertise in criminal law.

Good luck - hope this helps.

Don Rehkopf

Read more
Answered on 6/08/02, 7:19 pm
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Lautenberg Act/ Gun Control Act of 1968

I'm not sure my private e-mail address was on that last answer, sorry, it's:

[email protected]

Don Rehkopf

Read more
Answered on 6/08/02, 7:22 pm


Related Questions & Answers

More Criminal Law questions and answers in New York