While class E is the lowest level felony in New York, the law allows for an alternative definite sentence for first-time offenders. * NB Effective March 16, 2013 Disclaimer: These codes may not be the most recent version. However, as with other weapons or firearms charges categorized as a misdemeanor in New York, an experienced and knowledgeable criminal defense can obtain a non-criminal outcome or a dismissal of a Criminal Possession of a Rapid-Fire Modification case. The firearms charge is punished by a minimum of 1 to 3 years in prison and a maximum of 2 1/3 to 7 years if a person does not have a prior felony conviction. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. Both of them are felony charges. burglary or robbery). Clients viewing our website should be aware that when viewing our firms website, we may include and combine the experience and knowledge of both firms. The law requires that if you live with someone who is banned from possessing a firearm (such as a convicted felon, person deemed ineligible by the state to possess a firearm, or a minor), you must safely store your firearm so it cannot be accessed by that person. I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. 265.01 Criminal Possession of a Weapon in the Fourth Degree A man drives a car down a deserted street at 3:00am in the morning. In addition, there is an additional period of post-release supervision of between 2 . Possession of a loaded handgun in New York has a minimum sentence of 3.5 years in prison. The home or business exception is inapplicable, however, if the person possessing the weapon "has been previously convicted of any crime" (Penal Law 265.02[1] [incorporated by reference in Penal Law 265.03(3) ]; Id. There may also be additional fines imposed. A few minutes later, 3 or 4 airport authority police officers converge and place the person under arrest. These offenses are also often used in connection with other crimes and help to build the cases for prosecutors for those charged with stacked offenses. Therefore, the statutory scheme elevates a weapon possession charge to a class C felony on the basis of a prior . Illegal possession of a firearm in the fourth degree, which includes any pistol or revolver, is a Class A misdemeanor in New York under N.Y.
While firearms that are properly registered are exempt from the law, its important to note that New York City has its own gun licensing requirements in addition to complying with New York States requirements. A Class E felony is the lowest-level felony in New York, and is punishable upon conviction by a sentence of: One to four years in prison, and/or A fine of up to $5,000 A conviction for criminal possession of a firearm is a serious matter. ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases. As discussed above, New York has very strict criminal possession of firearm laws, which may have serious consequences and have a great effect on your freedom, life, reputation, and status in the community. Notably, antique firearms are not included in the definition of firearm set forth under the Penal Law. In addition to New Yorks strict firearms laws, the state has a series of laws regarding, manufacturing, transporting and disposing of firearms and firearms parts like a bump stock, large capacity ammunition feeding device or firearm silencer. Location: However, the state has strict rules on who may be issued such a license, under New York Penal Code 400.00(15). However, due to the seriousness of crimes involving weapons, an alternative definite sentence is rare in firearms cases. After 6 days I decided to go with Spodek Law Group. A bump stock is a device that accelerates the rate of fire of a semi-automatic firearm. The crime is specific to large capacity ammunition feeding devices. Contact the New York criminal lawyers and former Manhattan prosecutors at Saland Law today to ensure your best defense is guided by knowledge, experience and advocacy. We have local criminal law offices in your area with experienced lawyers who have obtained favorable outcomes for countless individuals facing similar charges. In New York, Unlawful Possession of a Large Capacity Ammunition Feeding Device states: it shall be unlawful for a person to knowingly possess a large capacity ammunition feeding device manufactured before September 13, 1994, and if such person lawfully possessed such large capacity feeding device before March 16, 2013, that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition. entrepreneurship, were lowering the cost of legal services and Arm yourself with education and the law. The law was passed in 2019. The criminal possession of a firearm in New York consists of a wide variety of different laws. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Now the traveler goes to New York and picks up his luggage and nothing happens of course because nobody is checking at that point and the traveler goes about his business or pleasure. The contact form sends information by non-encrypted email, which is not secure. Rural jurisdictions, on the other hand, are more relaxed and may only arrest someone for unlawful possession if there is a clear demonstration of malicious intent. Whether the charges are Driving While Intoxicated, Assault, Theft, Sex Offenses Weapons or Drug Possession, Andrew will provide a skilled and vigorous defense. These are not sentences that can be served on probation or anything like that. Bump stock allegations require a knowledgeable and experienced firearms defense lawyer, Contact Us Now For A Consultation, Bump stock, large capacity ammunition feeding device and other charges related to the manufacture, transport and disposal require a knowledgeable and experienced firearms defense lawyer, Contact Us Now For A Consultation, If you are facing firearms charges in New York, then speak to an aggressive and experienced firearms defense lawyer immediately, Contact Us Now For A Consultation, Firearms charges in New York may have serious consequences, speak to an aggressive and experienced firearms defense lawyer immediately, Contact Us Now For A Consultation, Request a Free, Confidential Consultation. Loaded handguns are extremely serious charges and are classified as violent felony offenses. (last accessed Dec. 13, 2016). We will always provide free access to the current law. https://newyork.public.law/laws/n.y._penal_law_section_265.01-b. It is important to know that the state does not need to prove that you knew it was illegal to possess the firearm. For the purpose of NY Penal Law 265.01-b(1), the firearm in question need only be operable and your possession is unlawful in that it is not registered or permitted in the jurisdiction of your arrest. You would need to be able to show that you have the proper documentation for your charges to be dismissed. The case, People v Grillo, 15 A.D.2d 502, 11 N.Y.2d 841 defines the law as the voluntary, aware act of the possession of a weapon, with the additional feature of operability of the firearm. This means that the state does not need to prove any intent or understanding in possessing an illegal firearm. Criminal possession of a firearm Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265 265.01-b Criminal possession of a firearm. Unlawful Possession of a Large Capacity Ammunition Feeding Device, Penal Law Section 265.36, is the rare firearms charge that is classified as a misdemeanor. Instead, it is only required to prove you knowingly possess the firearm and your possession of the firearm is illegal. Under Penal Law Section 265.10 it is illegal to: Under the law dispose of means to dispose of, give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer and otherwise dispose of.. You should comply Having to answer to a false accusation can be frightening. It is not possible to possess a handgun in New York without a license issued by the state of New York with a few very, very rare exceptions and the penalties are extremely serious. Fake heiress accused of conning the citys wealthy, and has an HBO special being made about her. But prison is not mandatory, especially if a person has never been arrested before, there are not related firearms or other charges or if the number of counts is relatively low. Its also vital to obtain a license if you plan to use the gun for hunting purposes. New York Penal Law Section 265.01 - Criminal Possession of a Weapon in the Fourth Degree New York Laws Penal Law Specific Offenses Offenses Against Public Safety Firearms & Other Dangerous Weapons Crim. Additionally, defacing the serial number of a handgun is a criminal offense. In addition, However, an experienced defense attorney may be able to obtain a non-criminal outcome or complete dismissal of the case. The Law Office of Martin D. Kane aggressively defends clients living and working in Queens and traveling through airports in New York. However, a federal court in western New York invalidated the definition. If you have a prior history of offenses, particularly violent offenses or prior weapon possession convictions, you are much more likely to face the higher end of the potential sentencing range or even face a higher level felony for your status. Arm yourself with education and the law. You possess a bullet designed to detonate on impact. A subsequent offense is punished as a class A misdemeanor. The first is larceny. As of March 2013, what used to only be a misdemeanor crime is now a felony offense in New York State. Section 265.01 seems to only state the obvious; that possessing an illegal firearm is a violation of the law. Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities, a shotgun having one or more barrels less than eighteen inches in length, a rifle having one or more barrels less than sixteen inches in length, Criminal possession of a weapon on school grounds: New York Penal Code 265.01-a, Criminal possession of a weapon in the third degree: New York Penal Code 265.02. A person is guilty of criminal possession of a weapon in the first degree when such person: (1) possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or (2) possesses ten or more firearms. To schedule a consultation,contact usat 1-888-DEMILIA. However, an attorney would still be beneficial to have when you go to court so that you understand the charges and the sentence that youre given and so that you have someone who can advise you as to whether you should accept a plea by the prosecution or go to trial. However, if that gun has been defaced, filed, or scratched in an attempt to conceal the serial number, or any other identifying part of the gun, then the prosecutor can . She is strictly business too! A person is guilty of criminal possession of a firearm when he or she: (1) possesses any firearm or; (2) lawfully possesses a firearm prior to the effective date of the chapter of the laws of two thousand thirteen which added this section subject to the registration requirements of subdivision sixteen-a of 400.00 of this chapter and knowingly fails to register such firearm pursuant to such subdivision. In New York is you possess a firearm you could be convicted of a felony. These are not sentences that can be served on probation or anything like that. Millions of people pass through the airports in New York City and most of them are familiar with New Yorks strict firearm laws, but inevitably, there are going to be a few people who simply misunderstand the law and very innocently try to declare and check in their lawfully owned handgun. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. It was my good fortune to retain Spodek Law Group for representation for my legal needs. Penalties and Punishment. Offense: Possession with intent to distribute 50 grams or more of cocaine base; knowingly using and carrying a firearm during and in relation to, and possession of a firearm in furtherance of, a drug trafficking crime; District of South Carolina Sentence: 180 months' imprisonment; five years' supervised release (November 28, 2006) Rockstar and lead singer of Cage the Elephant, a Grammy-award winning band, was arrested in lower Manhattan Friday and charged with two counts of criminal possession of a firearm - felonies that carry a punishment of several years in prison. (last accessed Dec. 13, 2016). If the firearm was discovered as a result of an illegal search and seizure, it would be deemed inadmissible evidence and the charges would likely be dropped. Criminal Possession of a Rapid-Fire Modification, Penal Law Section 265.01-c is New York's ban on bump stocks. Attorney Advertising - Prior results do not guarantee a similar outcome, *Free Consultations Not Offered for Immigration Cases and at Firm's Discretion for Non-Arrest Cases, New York Criminal Possession of a Firearm | NY Crime Lawyers. Rapper Lil Tjay was arrested for gun possession in New York City, just seven months after he was shot multiple times during an attempted robbery. What is the Law for Domestic Violence in USA. When it comes to handgun possession, there are two general charges. What is Criminal Possession of a Firearm in New York? While you may think that New York only criminalizes the illegal possession of a firearm, the laws are actually very fact-intensive and dependent on the surrounding circumstances. In addition, Could it mitigate your conduct? Call Today for a Free Consultation: 1-866-767-3902, Three More Tips on Gun Laws in NYC and NY State, A shotgun with one or more barrels less than 16 inches in length, A rifle with one or more barrels less than 16 inches in length, Any weapon that is made from a shotgun or rifle less than 26 inches. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. Or anything like that designed to detonate on impact I decided to go with Spodek Law Group proper documentation your. Local criminal Law offices in your area with experienced lawyers who have obtained outcomes. Lawyers who have obtained favorable outcomes for countless individuals facing similar charges it is important to know that the does. Schedule a free, no obligation consultation regarding your case to be able obtain... 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