Permit Disqualifications

Disqualifying Factors for a Pistol or Semi-automatic Rifle Permit

• You have been convicted of a felony
• You have been convicted of the misdemeanor offenses of assault in the 3rd degree, menacing in the 3rd degree or driving while intoxicated (DWI) in the last 5 years
• You have been convicted of any misdemeanor offense in any jurisdiction or in the former penal law that includes all of the essential elements of a felony offense as defined in the current penal law.
• You have ever been convicted of a serious offense or are the subject of the warrant of an arrest for allegedly committing a serious offense (see below for a complete list of serious offenses
• You have ever been convicted of a domestic related offense (see below for a complete list of domestic related offenses)
• You are an unlawful user of or addicted to a controlled substance
• You are a fugitive from justice
• You are illegally residing in the United States
• You have renounced your United States citizenship
• You have been dishonorably discharged from the military
• You have been involuntarily committed or civilly confined in a secure treatment facility
• You have had a guardian appointed for you due to marked subnormal intelligence, mental illness, incapacity, condition or disease, and do not possess the mental capacity to manage your own affairs

Serious Offenses

'Serious Offense' is any of the following offenses defined in the current penal law and any offense in any jurisdiction or the former penal law that includes all of the essential elements of any of the following offenses:

• illegally using, carrying or possessing a pistol or other dangerous weapon
• possession of burglar's tools
• criminal possession of stolen property in the 3rd degree
• escape in the 3rd degree
• jostling
• fraudulent accosting
• endangering the welfare of a child
• obscenity in the 3rd degree
• issuing abortional articles
• permitting prostitution
• promoting prostitution in the 3rd degree
• stalking in the 4th degree
• stalking in the 3rd degree
• sexual misconduct
• forcible touching
• sexual abuse in the 3rd degree or 2nd degree
• criminal possession of a controlled substance in the 7th degree
• criminally possessing a hypodermic instrument
• criminally using drug paraphernalia in the 2nd degree
• criminal possession of methamphetamine manufacturing material in the 2nd degree
• any hate crime defined in article four hundred eighty-five of the NYS Penal Law

Domestic Related Offense (i.e. Domestic Violence)

'Domestic Related Offense' is any of the following offenses defined in the current penal law and any offense in any jurisdiction or in the former penal law that includes all of the essential elements of any of the following offenses, where the defendant and the person against whom the offense was committed were members of the same family or household (related by blood or in an intimate relationship) as defined in subdivision one of section 530.11 of the criminal procedure law and as established pursuant to section 370.15 of the criminal procedure law: 

• assault in the 3rd degree
• menacing in the 3rd degree
• menacing in the 2nd degree
• criminal obstruction of breathing or blood circulation
• unlawful imprisonment in the 2nd degree
• coercion in the 3rd degree
• criminal tampering in the 3rd degree
• criminal contempt in the 2nd degree
• harassment in the 1st degree
• aggravated harassment in the 2nd degree
• criminal trespass in the 3rd degree
• criminal trespass in the 2nd degree
• arson in the 5th degree
• or any attempt to commit any of the above-listed offenses.