If you have or may be disqualified from possessing a firearm pursuant to the federal Brady Act as a result of being committed to a mental institution or adjudicated as having a mental disability, and your records were submitted to the National Instant Criminal Background Check System by the Office of NICS Appeals and SAFE Act, you may apply to the office for a Certificate of Relief from Disabilities pursuant to New York State Mental Hygiene Law Section 7.09(j). A determination as to whether or not to grant a Certificate of Relief is based on whether or not a person's record and reputation are such that he/she will not be likely to act in a manner dangerous to public safety and granting the relief would not be contrary to the public interest.
Application Requirements
To apply for the Certificate of Relief, you must complete the application and submit it to Office of NICS Appeals and SAFE Act.
In addition to the forms provided, you must submit the following information:
FBI CJIS Division – Record Request
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
You may provide a psychiatric evaluation performed no earlier than 90 calendar days from the date that you are submitting the request for this certificate of relief, conducted by a “qualified psychiatrist.” A “qualified psychiatrist” is a physician licensed to practice medicine in New York State who is a diplomat of the American board of psychiatry and neurology or is eligible to be certified by that board, or is certified by the American osteopathic board of neurology and psychiatry or is eligible to be certified by that board. Please inform the “qualified psychiatrist” that this evaluation must include an opinion as to whether or not your record and reputation are such that you will or will not be likely to act in a manner dangerous to public safety and whether or not the granting of the relief would be contrary to the public interest.
It is Your responsibility to ensure that all required information accompanies this request when you submit it to the Office. Information provided after our receipt of the completed application for relief will not be considered. If we request additional information, it is Your responsibility to provide it in accordance with our request. Information specifically requested by us must be received within 60 days of the date requested in accordance with our request. Information specifically requested by us must be received within 60 days of the date requested in order for it to be considered. Failure to meet these time frames will result in a denial of the certificate of relief.
