New York Gun Possession Laws | Ask a New York Gun Possession Lawyer
New York has some of the toughest gun laws in the country. Additionally, state courts read these laws very strictly. As a result, if you have been charged with gun possession, you will want to discuss your case with a New York gun possession lawyer immediately. The penalties for a gun possession conviction can be extremely severe. New York gun possession lawyer Frederick L. Sosinsky has over 27 years’ experience successfully defending clients accused of this serious charge.
There are many different degrees of gun possession charges in New York. While not all of the possession charges are felonies, they all carry potentially serious jail or prison time, says a New York gun possession lawyer. The following is an overview of the gun possession laws in New York.
Criminal Possession of a Firearm
In New York, individuals possessing a firearm are required to register the firearm in a state registry. In addition, individuals may be required to update the information on a periodic basis and include such information as serial and model numbers. Individuals who fail to register their firearms face a class E felony charge. The penalties for a class E felony can include up to four years in prison. There is much at stake in a criminal possessions charge, and a New York gun possession lawyer can help.
Criminal Possession of a Weapon in the Fourth Degree
This charge generally applies to persons who possess any firearm, knife, dagger or other categorized weapon including certain types of ammunition. Individuals accused of possessing these devices without a proper license face a class A misdemeanor charge.
The fourth degree criminal possession charge is typically the least severe charge you may face. It also applies to individuals who possess one of the listed weapons if that person is not a lawful resident of the United States or suffers from a mental condition making him or her unsuitable to possess the weapon.
Someone convicted of criminal possession in the fourth degree faces up to one year in jail, along with significant monetary fines, advises a New York gun possession lawyer.
Criminal Possession of a Weapon in the Third Degree
A third degree weapons possession charge may apply to several situations, including:
- Someone who has previously been convicted of another weapons possession charge
- Someone possessing a firearm who has previously been convicted of a felony or a class A misdemeanor within the past five years
- Possession of an unloaded firearm in conjunction with a drug trafficking felony charge
- Possession of an unloaded firearm in conjunction with the commission of any violent felony offense
- An individual who possesses certain types of firearms including explosive or incendiary devices, bombs, gun silencer, machine-gun or other weapon which may be adapted into a machine-gun
- Possession of an assault weapon
- Possession of a large capacity ammunition-feeding device
- An individual who possesses three or more firearms
- Knowing possession of a disguised firearm
- Someone knowingly possessing a firearm where that person is aware that the weapon has been defaced to conceal its identity
Criminal possession of a weapon in the third degree is a class D felony and carries a prison sentence of up to seven years.
Criminal Possession of a Weapon in the Second Degree
A criminal possession of a weapon in the second degree charge typically applies in one of three situations:
- The individual possesses a machine-gun, loaded firearm or a disguised gun and has the intent to use one of these weapons against another person.
- The individual possesses five or more firearms. This does not require that the individual possess the intent to use the weapon against anyone.
- The individual possesses any loaded firearm, unless such possession takes place in the person’s home or place of business.
Someone convicted of criminal possession of a weapon in the second degree faces a class C felony charge and up to 15 years behind bars.
Criminal Possession of a Dangerous Weapon in the First Degree
A New York gun possession lawyer will advise that as a result of one of the most serious weapons offenses in New York, a person faces a first-degree charge of criminal possession of a dangerous weapon if that person possesses any explosive substance such as an improvised explosive device and has the intent to use the explosive against someone or something. An individual may also face a first-degree charge if he or she illegally possesses ten or more firearms.
Criminal possession of a weapon in the first degree is a class B felony and carries up to 25 years in prison.
Criminal Possession of a Weapon on School Grounds
The state has a very harsh stance on possessing firearms in certain locations such as schools. In the wake of several high-profile school shootings, the state passed a law that makes it an automatic felony charge if an individual possesses a firearm on any buildings or grounds used for education purpose such as schools, colleges, universities and even school buses.
The penalties for criminal possession of a weapon on school grounds is a class E felony and carries up to four years in prison.
Unlawful Possession of a Weapon By Someone Under 16 Years of Age
There are special rules regarding possession of certain types of weapons by a minor under the age of 16. Generally, someone under 16 may not possess any air-gun or spring-gun, knives or other types of weapons that may use blank cartridges. A minor convicted of this offense will be treated as a juvenile delinquent.
Contact a New York Gun Possession Lawyer
If you have been charged with a gun possession charge in New York, it is important that you work with experienced counsel. The penalties for gun possession are very severe. Your attorney can help review your case and determine the appropriate next steps. To schedule a free consultation to discuss your case with New York felony gun possession lawyer Frederick L. Sosinsky, call (212) 285-2270.