The New York State Division of Criminal Justice Services Office of Legal Services (OLS) provides legal counsel to the agency and offers a wide range of services to law enforcement agencies and prosecutor offices across the state.
Attorneys who staff the office ensure that the agency complies with state and federal laws and regulations. From the development of a request for proposal through execution of a contract, from creation to implementation of rules and regulations governing agency responsibilities, to drafting legislation, the Office of Legal Services guides the agency through numerous state and federal statutory and regulatory requirements.
Non-New York State convictions that may prohibit firearms possession or obtaining firearm permits
State law requires the Division of Criminal Justice Services to maintain and annually publish a list of non-New York State convictions that include the essential elements of a “serious offense” in New York that may prohibit individuals convicted of a non-New York State crime on or after April 3, 2021, from possessing firearms or obtaining pistol permits. Individuals granted a pardon, certificate of relief from disabilities or a certificate of good conduct in connection with the offense may not be subject to the potential prohibition.
This list is designed to assist courts, licensing authorities and others in New York State that must determine which offenses in other states and United States territories include the essential elements of a serious offense as defined in New York State law effective April 3, 2021.
It is for informational purposes only and should not substitute for legal advice or solely determine whether an individual may legally possess a firearm or obtain a firearms license.
Note: Laws in non-New York State jurisdictions may have been amended since the compilation and posting of this list. The Division of Criminal Justice Services is not liable for any determination to authorize the possession of a firearm or to deny the right to possess a firearm or to prosecute a person for possession of a firearm.
Non-New York Convictions including essential elements of a “serious offense”
The following list of resources is provided to assist law enforcement and the public:
The New York Prosecutors Training Institute, Inc. (NYPTI) provides education and assistance to New York State prosecutors.
The New York State Association of Chiefs of Police provides education and assistance to New York State law enforcement agencies.
The New York State Sheriffs’ Association, Inc. provides education and assistance to sheriffs and their staffs.
New York and Federal Courts
Access links to the New York State Courts, including Appellate Courts, in addition to federal courts, including the U.S. Supreme Court, the U.S. Circuit Court of Appeals and United States District Courts.
The state Office of Court Administration's Search Warrant Manual, published in 2005. The manual is a comprehensive guide to obtaining search warrants, the proper courts to issue warrants, affidavits, necessary information that should be included in a warrant and appropriate circumstances in which warrants are necessary, as well as other extremely useful information regarding their utilization.
New York State Legislature
New York State Senate
New York State Assembly
Includes links to various law libraries making it possible to perform research from a variety of resources.
Access links to legal and advisory opinions by the New York State Attorney General’s Office, Department of State Committee on Open Government, and Office of the State Comptroller.
New York State Codes, Rules and Regulations (NYCRR)
DCJS regulations are contained in Title 9, Subtitle U, of the NYCRR. The chapters are as follows:
Chapter I Law Enforcement Services (police officers, peace officers, security guards, etc.)
Chapter II Identification and Informational Services (criminal history record information, central register for missing children, peace officer registry, etc.)
Chapter IV General (FOIL, administrative expenses and executive compensation, etc.)
Chapter V Neighborhood Preservation Crime Prevention Act
Chapter VI Fair Treatment Standards for Crime Victims (including human trafficking victims)
Chapter VII Mandatory Surcharge and Parking Violations Enforcement and Disposition Program
Chapter VIII Forensic Services
Access to the New York Codes, Rules and Regulations are provided for informational purposes only by WestlawNext via the New York State Department of State.
This information is provided for informational purposes and convenient access to data and resources. The Office of Legal Services provides counsel to the Commissioner and agency staff, and also is the legal advisor to various councils and boards to which the agency provides staff support. The agency cannot provide legal services or advice to the general public.
Individuals in need of legal advice should contact an attorney, who would be in the best position to advise what options are available. Individuals who do not have an attorney but wish to consult one, may contact the New York State Bar Association Lawyer Referral and Information Service at 1-800-342-3661 or email@example.com, or the Legal Aid Society in your area.