Overview
Pursuant to the federal Brady Act, if you have or may be disqualified from possessing a firearm 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 can apply for a Certificate of Relief from Disabilities pursuant to New York State Mental Hygiene Law Section 7.09(j) if you have or may be disqualified from possessing a firearm.
A determination on granting a Certificate of Relief is based on whether 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 Process
Application Requirements
To apply for a Certificate of Relief, you must complete the application and submit it to Office of NICS Appeals and SAFE Act.
Application for Certificate of Relief from Disabilities Relating to Firearms
In addition to the application form, you must submit the following information:
- A copy of your social security card, birth certificate and driver’s license with current address;
- True and certified copies of medical records detailing your psychiatric history over the past 20 years, which shall include the records pertaining to the commitment to a mental health facility, or adjudication as having a mental disability, which is the subject of the request for relief;
- True and certified copies of medical records from all of your current treatment providers over the past 5 years, if you are receiving treatment;
- True and certified records from any previous alcohol/substance abuse providers over the past 20 years;
- A true and certified copy of all criminal history information maintained on file at the New York State Division of Criminal Justice Services (DCJS) and the Federal Bureau of Investigation (FBI) pertaining to you, or a copy of a response from DCJS and the FBI indicating that there is no criminal history information on file;
- To obtain a certified copy of your New York State criminal history information, you must call the DCJS Record Review Unit at (518) 485-7675, or go to the DCJS Record Review website.
- To obtain a certified copy of your criminal history information from the Federal Bureau of Investigation please visit the FBI website. The Federal Bureau of Investigation will require a signed cover letter, provided by the FBI, along with proof of identity (set of fingerprints) and payment to be sent to:
FBI CJIS Division – Record Request
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
You must allow approximately 16-18 weeks for processing, upon receipt by the FBI. Either a no record response or a FBI Identification Record will be mailed to you.
- Evidence of your reputation, which may include notarized letters of reference from current and past employers, family members or personal friends, affidavits, or other character evidence;
- Any further information specifically requested by the Office of NICS Appeals and SAFE Act. If documents are requested, certified copies of original documents must be provided. After you submit your completed application, we will notify you if additional information will be requested.
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.
The Office may also request that you undergo a clinical evaluation and risk assessment. If we make this request, the evaluation must be performed 45 calendar days from the date we request the evaluation, unless we allow an extension of time.
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 a Certificate of Relief.
Next Steps
Once you have submitted the application and additional documentation, your application will be reviewed by the Office of NICS Appeals and SAFE Act and a determination will be made whether to issue a Certificate of Relief from Disabilities.
If the Office of NICS Appeals and SAFE Act finds that you have demonstrated that gun ownership would not be dangerous to public safety or contrary to the public interest, you will be issued a written determination indicating that a Certificate of Relief has been issued. The Office of Mental Health will also notify the federal NICS of the issuance of a Certificate of Relief from Disabilities for the purpose of updating your record. You will also be provided with written notice that a Certificate of Relief does not automatically qualify you to purchase or possess a firearm. A Certificate of Relief will only remove the civil rights disability based on your psychiatric hospitalization in New York State.
If you are denied a Certificate of Relief, you will receive this decision in writing and will be notified that you have the right to have the decision reviewed in accordance with New York State law. Please be advised that if you are denied, you may not apply again for a Certificate of Relief until one year after the date that the written determination is issued.
Apply for a Certificate of Relief
To apply for a Certificate of Relief, you must complete the application packet and submit all required documentation to:
The NYS Office of NICS Appeals and SAFE Act
P.O. Box 66329
Albany, New York 12206
All documentation must be sent by mail. Incomplete applications cannot be considered.
You can get an application in any of these four ways:
- By mailing a written request to: Office of NICS Appeals and SAFE Act, P.O. Box 66329, Albany, New York 12206.
- By submitting an online form to the NICS Appeals Office.
- By calling (518) 549-1180.
- By downloading the form online: