So I've decided to purchase a handgun - picked up the paperwork and started going through it and noticed to my surprise that one of the questions asks if you have ever been arrested.
Many years ago I was arrested in Westchester County NY and charged with one count of assault B, a misdemeanor charge. Other than that instance I have never been arrested and I have never been convicted of a crime.
When the case went to trial all charges were dropped by the prosecutor and the case was dismissed and sealed. I was told that this was the most favorable outcome for me and that I should "think and behave like it never happened". I was told that if I was asked by anyone if I had ever been arrested I should answer no, in fact I was told that it's illegal in many states (NY being one of them) for an employer to ask if you've been arrested - they may only ask if you've ever been convicted of a crime. I also know from purchasing many long guns that the federal background application asks if you've ever been convicted of a crime, not if you've ever been arrested. If the feds are OK knowing if you've never been convicted of a crime shouldn't Westchester County be OK with that depth of knowledge too?(rhetorical question)
So I guess what I'm getting to is the question of whether or not it's legal for the county to ask if someone's ever been arrested when applying for a pistol permit and/or you have to answer yes in a circumstance like mine. I can't think of any rational reason why it would matter in my case for the county to be aware of a past arrest that had my outcome, if employers don't need to know and the court told me to answer "no" to the question of ever having been arrested why should it matter to the county pistol licensing unit, if it's not a piece of info that will be used to determine whether or not I can get a permit (and it legally shouldn't factor in - at least in my opinion because of no conviction) then the county shouldn't have the right to ask - aren't they seemingly stepping out of bounds?
Well I know that may seem like a rant, but it bothers me enough that I'm going to consult with a firearms attorney here in Westchester before I proceed any further in the application process. If anyone has any info or experiences that would relate to this I'd appreciate a response.
Thanks
Many years ago I was arrested in Westchester County NY and charged with one count of assault B, a misdemeanor charge. Other than that instance I have never been arrested and I have never been convicted of a crime.
When the case went to trial all charges were dropped by the prosecutor and the case was dismissed and sealed. I was told that this was the most favorable outcome for me and that I should "think and behave like it never happened". I was told that if I was asked by anyone if I had ever been arrested I should answer no, in fact I was told that it's illegal in many states (NY being one of them) for an employer to ask if you've been arrested - they may only ask if you've ever been convicted of a crime. I also know from purchasing many long guns that the federal background application asks if you've ever been convicted of a crime, not if you've ever been arrested. If the feds are OK knowing if you've never been convicted of a crime shouldn't Westchester County be OK with that depth of knowledge too?(rhetorical question)
So I guess what I'm getting to is the question of whether or not it's legal for the county to ask if someone's ever been arrested when applying for a pistol permit and/or you have to answer yes in a circumstance like mine. I can't think of any rational reason why it would matter in my case for the county to be aware of a past arrest that had my outcome, if employers don't need to know and the court told me to answer "no" to the question of ever having been arrested why should it matter to the county pistol licensing unit, if it's not a piece of info that will be used to determine whether or not I can get a permit (and it legally shouldn't factor in - at least in my opinion because of no conviction) then the county shouldn't have the right to ask - aren't they seemingly stepping out of bounds?
Well I know that may seem like a rant, but it bothers me enough that I'm going to consult with a firearms attorney here in Westchester before I proceed any further in the application process. If anyone has any info or experiences that would relate to this I'd appreciate a response.
Thanks