New York has some of the most restrictive gun laws in the U.S. This is when an attorney is beneficial because your attorney can approach the court to try to show that you did not have the firearm at the time. She went to court on my son's behalf and had his case dismissed. Criminal use of a firearm in the first degree. Another component that the prosecution must be able to prove is that your firearm was operable at the time that you were found with it by the officer. A subsequent offense is punished as a class B misdemeanor. Possession outside of a persons home is punished for a first offense by a class B misdemeanor, up to 90 days in jail, and a fine of $200. sixteen. A Person Has More Than 5 FirearmsThose who possess firearms in the above fashion in their home or business may be charged with a crime according to New York penal code 265.03, the criminal possession of a firearm in the second degree.PenaltiesNew York penal code 265.03 is a Class C felony. 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) 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. The two basic charges are possession of a loaded handgun or possession of an unloaded handgun. Fax: The first is larceny. 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. The statutory definition of a "firearm" includes other weapons. In 2013, New Yorks Secure Ammunition and Firearms Enforcement Act or SAFE Act lowered the maximum magazine capacity. Kew Gardens, NY 11415. NEW YORK A pistol-packing Pennsylvania woman licensed to carry the Keystone State, but not the Big Apple, was arrested when she tried to take the weapon into the Empire State Building, police . For instance, if the police found the firearm during a search of your vehicle or home, a criminal defense attorney might be able to challenge the lawfulness of the search. One of the important elements on the illegal possession of these types of ammunition is that the state must also prove that you had the intent to use them against another person. Penalties for Felony Criminal Possession of a Firearm Criminal Possession of a Weapon under N.Y. P.L. 265.01 (4) cases. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. STAMFORD A city man with gun-related convictions was found with an illegal weapon, according to police. You possess a bullet designed to detonate on impact. Matt Shultz, lead singer of Cage the Elephant, was arrested in New York City and charged with criminal possession of a weapon after firearms were discovered in his hotel room. Read this complete New York Consolidated Laws, Penal Law - PEN 265.03 Criminal possession of a weapon in the second degree on Westlaw. Regardless Of Where Your Case Is, Nationwide, We Can Help You. 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. 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. 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 It was my good fortune to retain Spodek Law Group for representation for my legal needs. A bump stock is a device that accelerates the rate of fire of a semi-automatic firearm. It is important to understand your rights and the process of the charges. The law was passed in 2019. Original Source: 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 can cost you your job, your professional license, or even your immigration status. Call the New York City weapon crimes lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today. The contact form sends information by non-encrypted email, which is not secure. What Are The Actual Charges Being Made In The Gun Arrest Cases? They know that firearms are a serious matter and they also know that New York has strict laws. Through social If you are arrested for unlawfully possessing an unregistered firearm, a conviction can come with life-changing consequences personally, professionally, and economically. 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. The skilled criminal defense attorneys at DEmilia Law provide high-quality representation and adept advocacy to those who have been arrested for firearms crimes and strive to obtain the best possible results in their cases. This offense is defined under New York Penal Code Section 265.08. From the beginning, communication was prompt and thorough. Shealer, of Auburn, Pennsylvania, . Gun laws in New York vary by jurisdiction. The majority of laws involving the criminal possession of a firearm in the state of New York are found under New York Penal Law section 265. 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. For a violation of 265.01, the criminal possession of a firearm, you are likely to face the charges as a class E felony. 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. Sorry, you need to enable JavaScript to visit this website. The lawyer handling our case had many years of experience and treated us as if we were his own family. 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. Significantly, since criminal possession of a firearm is a strict liability offense, the prosecution does not need to prove any intent, but only that you unlawfully possessed a pistol, revolver, or other firearm. Criminal possession of a weapon in the first degree is a class B felony. Every case is different, merely reading the information on our website does not create an attorney-client relationship. The crime is specific to large capacity ammunition feeding devices. These laws may range from lower level misdemeanors to high-level violent felonies. However, the law is written and has been clarified by court cases to be a strict liability law. Its also vital to obtain a license if you plan to use the gun for hunting purposes. If you are a first time offender your sentence will be less severe than if you have a prior criminal history. In addition, ), The second element is that you also have previously been convicted of a felony or serious offense. It can result in up to four years in prison. Examples of firearms that you could have in your possession include handguns, rifles, or any kind of assault weapon. A conviction for criminal possession of a firearm is a serious matter. 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. The maximum possible sentence for a Class E felony is four years in prison. ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases. 265.01-b Criminal possession of a firearm. According to ABC7 New York, four handguns were found inside the Black SUV. This law is found under New York Penal Code Section 265.09. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. In order to meet the first element, the state must prove the gun was operable and capable of firing. Criminal Possession of Firearm Parts in New York, Criminal Possession of a Bump Stock or Rapid-Fire Modification, Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances, Unlawful Possession of a Large Capacity Ammunition Feeding Device, Unlawful Possession of Certain Ammunition Feeding Devices, Can a Person Be Charged With Criminal Coronavirus Transmission Part 2: Criminal Biological Weapon Use. Possession of ammunition or a loaded weapon may increase the severity of the type of criminal possession of a firearm charge. Its also required to have a license if you wish to keep it. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. New York firearm possession laws are the strictest in the country. It is also illegal to discharge a firearm at another person in public, or within 500 feet of a school or church. No recipient of content from this site, client or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipients state. Under New York Penal Code 265.01-b, a person can be found guilty of criminal possession of a firearm if (1) they possess any firearm or (2) they lawfully possess a firearm and fail to register it. However, an experienced defense attorney may be able to obtain a non-criminal outcome or complete dismissal of the case. The first is the possession of one of the above items (which by themselves are not illegal to possess. 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. burglary or robbery). 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. This field is for validation purposes and should be left unchanged. 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. Copyright 2023 - All Rights Reserved By defense-attorney-news.com. Please fill out the form below to receive a free consultation, we will respond toyour inquiry within 24-hours guaranteed. New York Penal Code 265.00(3) defines firearm as: However, an antique firearm is not a firearm for purpose of the criminal possession of a firearm charge. Arm yourself with education and the law. 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. New Yorks laws are particularly strict when it comes to gun crimes. If you are arrested for unlawfully possessing an unregistered firearm, a conviction can come with life-changing consequences personally, professionally, and economically. The law is similar to Unlawful Possession of a Large Capacity Ammunition Feeding Device, except it may be punished as a violation or a misdemeanor, depending on the allegations. 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. 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. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information . I then had his firm represented my wife and he got her out of trouble! COVID-19 Update: We are open and serving our clients. When you go to court, the prosecution will bear the burden of having to prove that you actually had a firearm on your person at the time you were charged with the crime. 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. 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. A pistol-packing Pennsylvania woman licensed to carry the Keystone State, but not the Big Apple, was arrested when she tried to take the weapon into the Empire State Building, police said. Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265. How Common Are Gun Arrests At LaGuardia And JFK Airports? The officer finds that the man has a firearm and arrests him. (The maximum penalties for a misdemeanor are one year in jail and a fine of $1,000.) A conviction for criminal possession of a firearm is a serious matter. 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 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. The man would not likely be charged with criminal possession of a firearm because the police officer did not have probable cause to stop and search him. There are several common defenses that may be raised in cases involving criminal possession of a firearm charge. Get the information and legal answers you are seeking by calling (718) 793-5700 today. 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. Once charged, you have the right to a jury trial, and as with all criminal offenses, the prosecutor must prove all offenses against you beyond a reasonable doubt. Through social A skilled attorney can fight to protect your rights and ensure that youll get the best possible outcome. The firearms charge is punished by a minimum of 1 to 3 years in prison and a maximum of 1 1/3 to 4 years if a person does not have a prior felony conviction. If you are in transit, you should be aware of the New York law, which requires you to register your gun. If you do not register the firearms that you own, then you could be charged with a felony. A person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location pursuant to New York Penal Law 265.01-e when he or she possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location. New Yorks Bump Stock ban went into effect near the end of 2019. Where bump stocks are concerned, the range of outcomes depends on other allegations of the specific case. The Law Office of Martin D. Kane 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. The penalty for violating New Yorks gun laws can range from a misdemeanor to a felony. Find your Senator and share your views on important issues. A conviction can also come with a probation term of five years and a monetary fine of up to $5,000. Burst trigger system means any device that, when installed in or attached to a semi-automatic firearm, rifle, or shotgun, allows that weapon to discharge two or more shots with a single pull of the trigger by altering the trigger reset. After 6 days I decided to go with Spodek Law Group. New York may have more current or accurate information. For example, you may be charged with the criminal possession of a firearm, the criminal use of a firearm, and for the possession of illegal types of ammunition, whether loaded or unloaded in an illegal firearm. by Kendra Monte | March 15, 2022 | Gun Crimes, Weapon Crimes | 0 Comments, by Kendra Monte | September 23, 2020 | Gun Laws, Weapon Crimes | 0 Comments, by Paul D'Emilia | September 16, 2020 | Gun Laws, Weapon Crimes | 0 Comments. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. Some examples of the different situations which affect the type of charge may include the following: It should be noted that you can also be charged with multiple laws at the same time. 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. Binary trigger system means any device that, when installed in or attached to a semi-automatic firearm rifle, or shotgun causes that weapon to fire once when the trigger is pulled and again when the trigger is released. As noted above, the punishment for Unlawful Possession of Certain Ammunition Feeding Devices in New York depends on the allegations. 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. A misdemeanor conviction could result in up to a year in jail as well as fines of up to $1,000. In order to comply with the law, your firearm must be in a locked safe or have a functioning gun lock installed on the weapon. Accused of stalking Alec Baldwin. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. He but present and sighed. While class E is the lowest level felony in New York, the law allows for an alternative definite sentence for first-time offenders. Criminal possession of a firearm is an offense that could result in you spending time in prison. New York does not recognize reciprocity with other states, and possession of a firearm without a permit or license is illegal. Trigger crank means any device or instrument that repeatedly activates the trigger of a semi-automatic firearm, rifle or shotgun through the use of a lever or other part that is turned in a circular motion and thereby accelerates the rate of fire of such firearm, rifle or shotgun, provided, however, that trigger crank shall not include any weapon initially designed and manufactured to fire through the use of a crank or lever. The manufacture, transport or disposal of a bump stock or rapid-fire modification device is a class E felony. They say, Wait right here. 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. If you are charged and convicted of felony possession of a firearm, then you could be sentenced to spend one to four years in prison. It is important to know that the state does not need to prove that you knew it was illegal to possess the firearm. 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