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?
3 Answers from Attorneys
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.
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
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:
Don Rehkopf
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