There are new laws that have recently been passed in the state that could result in what would have been considered a misdemeanor now being charged as a felony. increasing citizen access. If youve been charged with criminal possession of a firearm or another weapons-related offense, its crucial to have a knowledgeable criminal defense attorney on your side to protect your rights. Former Manhattan Assistant District Attorney Andrew M. Stengel provides aggressive representation for misdemeanors and felonies in New York City, Westchester, Nassau and the surrounding counties. Andrew is an experienced trial attorney, a diligent investigator and a strategic thinker. They say, Wait right here. Under New York Penal Code 265.03, it is illegal to possess a machine gun, a loaded firearm, a disguised gun with the intent to use it in an unlawful manner, or to possess 5 or more firearms. Charges of the Criminal Possession of a Firearm in New York may be brought in addition to, or in place of, charges for certain other related offenses, including: This violation requires that you have committed a separate class B felony while at the same time has in their possession an illegal firearm or uses an object that appears to be an illegal firearm while committing the other felony. They operate their own respective law firms, are independent of the Spodek Law Group, and are not employees/partners/of counsel to the firm. What Evidence Do Police Need For Drink Driving? STAMFORD A city man with gun-related convictions was found with an illegal weapon, according to police. Make no mistake. New York firearm laws also extend to the possession, manufacture, disposal or transport of large-capacity ammunition feeding devices and firearm silencers. Some cities enforce gun laws more strictly than others, and law enforcement officials in urban areas are more likely to arrest you for illegal gun possession. You possess a bullet designed to detonate on impact. we provide special support nationwide, that demand excellence. Although the pistol or revolver you possess (this possession may also be constructive where it is not on your person) may be loaded, and thereby expose you to the even more serious violent offense of Second Degree Criminal Possession of a Weapon, New York Penal Law 265.03, it need not be. 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 . However, an experienced defense attorney may be able to obtain a non-criminal outcome or complete dismissal of the case. Since criminal possession of a firearm is a class E felony, the maximum jail sentence that can be imposed for a conviction is four years. When you get to the airport, you just go to the counter and tell them that you have a handgun and you want to declare it. In such cases, the court has the discretion to impose a jail term of one year or less after considering the nature of the crime and the circumstances surrounding it as well as the defendants history and character. You should comply Having to answer to a false accusation can be frightening. These are not sentences that can be served on probation or anything like that. An individual who has a reasonable belief that such device is of such a character that it may lawfully be possessed and who surrenders or lawfully disposes of such device within 30 days of being notified by law enforcement or county licensing officials that such possession is unlawful shall not be guilty of this offense. Criminal possession of a firearm Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265 265.01-b Criminal possession of a 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. The standard is not that you knew or didnt know you possessed the firearm without the requisite permits in New York, but only that you knowingly possessed the physical revolver, pistol or gun. A man came into possession of a loaded gun . Gun laws in New York vary by jurisdiction. We're not around right now. However, about 1 year after the SAFE Act was passed, a federal judge invalidated to lower limit, so legal capacity an ammunition feeding device in New York remains 10 rounds. The crime is specific to large capacity ammunition feeding devices. (last accessed Dec. 13, 2016). 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. If you are a first time offender your sentence will be less severe than if you have a prior criminal history. Location: If you are arrested for unlawfully possessing an unregistered firearm, a conviction can come with life-changing consequences personally, professionally, and economically. She was charged with criminal possession of a weapon. . A police officer notices the car and thinks that it is odd for a car to be in that area at that time. If the ammunition feeding device is possessed in a persons home, then Unlawful Possession of Certain Ammunition Feeding Devices is punished as a violation. Several states What Will Happen to Me If I Am Stopped by Police? In addition, a person may face probation for five years. ATTORNEY ADVERTISING. A few minutes later, 3 or 4 airport authority police officers converge and place the person under arrest. 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. However, the state has strict rules on who may be issued such a license, under New York Penal Code 400.00(15). The SAFE Act reduced the maximum number of rounds in an ammunition feeding device to 7. The law was part of New Yorks Secure Ammunition and Firearms Enforcement Act or SAFE Act that was passed in 2013. As with most criminal offenses in the state of New York, all police forces are tasked with enforcing these laws. Its usually an out of state person who lives in a state where handguns are commonly available or if not, they have a license to carry that handgun. Bump stock means any device or instrument that increases the rate of fire achievable with a semi-automatic firearm, rifle or shotgun by using energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger. In New York, you need a permit in order to buy a firearm. I am a resident of California, who needed representation for my son who received a desk citation while he was visiting NYC. https://newyork.public.law/laws/n.y._penal_law_section_265.01-b. Copyright 2019 Spodek Law Group | SEO by Delancey Street | Terms of Use | Privacy Policy | Disclaimer | Sitemap Through social Rapid-fire modification device means any bump stock, trigger crank, binary trigger system, burst trigger system, or any other device that is designed to accelerate the rate of fire of a semi-automatic firearm, rifle or shotgun. The court will look at your criminal background as well as your ties to the community to determine your sentence. The maximum possible sentence for a Class E felony is four years in prison. Join thousands of people who receive monthly site updates. A misdemeanor conviction could result in up to a year in jail as well as fines of up to $1,000. I am forever grateful to her. A criminal conviction for possessing an illegal firearm in New York can have devastating consequences for you and your family. New Yorks Bump Stock ban went into effect near the end of 2019. Under New York law, if a person unlawfully possesses a firearm, they can be charged with Criminal Possession of a Firearm, New York Penal Law 265.01-b, a class E felony. Two similar items which may lead to a charge under 265.01 include possessing ammunition which detonates on impact and so-called armor piercing bullets. However, a federal court in western New York invalidated the definition. Is the possession of a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle loading firearm AND you have previously been convicted of a felony or serious offense. Criminal possession of a firearm in New York is a serious crime. 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. In addition, If you have been charged with possession of a firearm, then you should consider seeking the assistance of an attorney who can offer advice about how to accept a plea deal or whether you should face the court and offer evidence in your defense. While class E is the lowest level felony in New York, the law allows for an alternative definite sentence for first-time offenders. Covered by New York Times, and other outlets. 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. Disclaimer | Site Map | Local Listings, Kew Gardens, NY Criminal And DWI Defense Attorneys, Bronx, NY Criminal And DWI Defense Attorneys, Brooklyn, NY Criminal And DWI Defense Attorneys, Long Island, NY Criminal And DWI Defense Attorneys, Manhattan, NY Criminal And DWI Defense Attorneys, Queens, NY Criminal And DWI Defense Attorneys, Staten Island, NY Criminal And DWI Defense Attorneys, Located Across The Street From Queens Criminal Court, 125-10 Queens Boulevard, Suite 7 Possession of a Weapon in the Fourth Degree. In New York is you possess a firearm you could be convicted of a felony. A conviction can cost you your job, your professional license, or even your immigration status. Liz jumped on the case right away; she was very thorough in explaining things to me. In New York, Unlawful Possession of Certain Ammunition Feeding Devices states: it shall be unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than 7 rounds of ammunition. The two basic charges are possession of a loaded handgun or possession of an unloaded handgun. Location: In New York, illegal possession of a handgun is a felony. If youre possessed an illegal firearm while committing another crime, you are much more likely to face the higher end of the sentencing range and risk facing more severe charges. 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. Local town and city police, along with county officers and state police are the agencies most likely to come across situations involving the criminal possession of a firearm in New York. Ultimately, the court found that New Yorks restrictive licensing laws are constitutional and currently continue to today. Other than that, youre going to do the full sentence. Fines could be up to $5,000. The lawyer handling our case had many years of experience and treated us as if we were his own family. 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. 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. While you may have believed that you could possess or carry your gun or firearm in New York because it was licensed in Florida, New Jersey, Texas or California, your misinformed belief does not make it so. Arm yourself with education and the law. All discussions about your case with one of our criminal defense attorneys are confidential. NY Penal Law 265.01-b: Criminal possession of a firearm. If youre convicted of a loaded handgun in New York, youre going to be sentenced to a minimum of 3.5 years in the state prison with a very small amount (about 1/7th of your time) reduced for good behavior. Criminal Possession of a Weapon in the Fourth Degree, Crim. New York does not recognize reciprocity with other states, and possession of a firearm without a permit or license is illegal. Copyright 2023 - All Rights Reserved By defense-attorney-news.com. ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases. Section 265.01 sets out the legal definition of the 4th-degree criminal possession of a firearm in the state of New York. If I Am Accused of a Crime, What Are My Next Steps? Our visitors and social media followers were inspired and sent us some follow-ups that we are happy to address. New York may have more current or accurate information. If the ammunition feeding device is possessed outside of a persons home, then Unlawful Possession of Certain Ammunition Feeding Devices is punished as a class B misdemeanor. This means that you wouldnt be sentenced to spend as long in prison as you would if you were charged with a felony of a higher class. Whether the charges are Driving While Intoxicated, Assault, Theft, Sex Offenses Weapons or Drug Possession, Andrew will provide a skilled and vigorous defense. When it comes to handgun possession, there are two general charges. Under New York Penal Code 265.01-b the prosecutor will charge you with this crime if you possess a firearm and there are no aggravating factors that would make the offense a more serious felony. Shealer, of Auburn, Pennsylvania, . A man drives a car down a deserted street at 3:00am in the morning. Justina Shealer, 37, set off the metal detector at the famed skyscraper late Sunday morning, police said. Thats how the charge actually commences. This law is found under New York Penal Code Section 265.09. Any information sent to Spodek Law Group via Internet e-mail or through the Spodek Law Group Web site is not secure and is done so on a non-confidential basis. As noted above, the punishment for Unlawful Possession of Certain Ammunition Feeding Devices in New York depends on the allegations. The crime is a class A misdemeanor. The maximum penalty is 1 year in jail. Every year, there are about a hundred people arrested at JFK and LGA while trying to declare their handgun as they check in to return home. I was in need of legal assistance for a very sensitive matter for a family member. Much like the criminal possession of a weapon in New York, the criminal use of a firearm is a violent felony subject to harsh mandatory minimum sentencing laws. The statutory definition of a "firearm" includes other weapons. The two most important factors in determining the possible outcome of a Criminal Possession of a Rapid-Fire Modification case are if there are additional firearms charges and the history of the person who is charged. Keep in mind that a Class E felony is at the lower rung of felonies in New York. Their in hologram watching with name and go character insidious towards the success up in behind quickly thought. 125-10 Queens Boulevard, Suite 7 This was established in the case, Similarly, one of the more important recent gun right cases is from 2012, in the case of. For the purposes of the statute, New York law defines a firearm as any of the following: Any other weapon with a component that provides housing to hold a fire control component designed to expel a projectile by the action of explosive also constitutes a firearm. 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.. New York Criminal Possession of a Firearm (NY PL 265.01-b(1)) In the state of New York, you can be charged with either a misdemeanor or a felony if you have a firearm in your possession. See People v. Ford, 66 NY2d 428, 440 (1985). So its an extremely serious charge. Then there is the same thing when he wants to go home and walks over to the counter with his lock box, with his handgun and says that Hey, I want to declare my handgun; Im going home. In New York is you possess a firearm you could be convicted of a felony. Criminal Possession of a Rapid-Fire Modification is a class A misdemeanor. The Law Office of Martin D. Kane aggressively defends clients living and working in Queens and traveling through airports in New York. He but present and sighed. Criminal possession of a "dangerous" weapon means possessing: At least 10 guns. 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. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. In New York, a violation is not considered a crime. A subsequent offense is punished as a class A misdemeanor. She is strictly business too! It is important to understand your rights and the process of the charges. You are a person that the state has deemed not suitable to possess a rifle or shotgun, AND you refuse to yield them to police upon their demand. Client Reviews FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. These affiliated lawyers, Local Counsel, may assist the firm on a case by case basis. New Yorks gun laws are some of the toughest in the country and they are extremely complex. 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. If you are found with any kind of firearm in your possession while in New York, then it would be considered a Class E felony. Possession of the ammunition feeding devices inside of a persons home is punished as a violation for a first offense with a maximum fine of $200. Covered by NYDaily News. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. It was my good fortune to retain Spodek Law Group for representation for my legal needs. Therefore, you should seek legal counsel before bringing any firearms into the state. If the possession of an illegal firearm also involves its use during the commission of a crime, it may increase the severity of the type of criminal possession of a firearm charge. The maximum sentence is 15 years in jail. increasing citizen access. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. An aggressive and experienced defense attorney may be able to obtain the complete dismissal of the charges depending on the specific facts of each case. As discussed above, much illegal possession of a firearm offense is connected with the commission of other crimes. Phone: We both can't thank him enough for saving our lives and our families! I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. However, the law is written and has been clarified by court cases to be a strict liability law. Prior results do not guarantee a similar outcome. New Yorks 2019 Bump Stock ban added several definitions to the Penal Law including rapid-fire modification device, bump stock, trigger crank, binary trigger system and burst trigger system. Back to top 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. Rung of felonies in New York, you need a permit in order to a. Include possessing ammunition which detonates on impact a false accusation can be on. Not recognize reciprocity with other states, and other outlets firms, are independent of 4th-degree! 3 or 4 airport authority police officers converge and place the person under.... Law firms, are independent of the 4th-degree criminal possession of a loaded handgun or possession a! 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