Weapons Possession in New York State
The U.S. Constitution Second Amendment provides for citizens to bear arms, in order to protect families and properties. Although Article 2, Section 4 of the New York Constitution states that these rights will not be infringed, the state has some of the strictest laws for possession and ownership on the books for any state. For example, when applying for a permit, references are required.
New York State has strict laws governing illegal possession of handguns which can result in a possible seven year jail sentence for offenders. New York is also the only state in the Union which prohibits the transportation of handguns without a license. Law-abiding citizens should therefore be particularly careful since they face severe consequences should they inadvertently violate the state's myriad, technical, anti-gun provisions.
Carrying Guns and Possession Laws: Penalties & Regulations
Penalties and regulation for illegal possession of a firearm are necessary in every state. Unfortunately, minors often have access to a weapon; and, a felon forfeits the right to carry a gun. Therefore, when weapons laws are broken, penalties are given, for the purpose of protecting the general public.
• Possession of a loaded gun is a Class C violent felony, punishable by 3.5-15 years in prison
• Criminal possession of a weapon is a Class B felony
• A person is guilty of criminal possession, if found with a gun that has been altered
New York Gun Purchasing Laws
New York has some of the strictest laws in the states, regarding the purchase of a gun. A permit is required before buying a handgun. In addition, letters of recommendation are necessary, in order to verify the character of the buyer. The regulations are strict and subsequent penalties for disregarding the laws regarding the purchasing of firearms are harsh.
Penalties & Regulations for Illegal Purchases
The regulations for purchasing firearms in the state of New York are strict. However, the laws are even more stringent within the city of New York. Residents have the right to own a weapon; but disregard for any of the laws will result in swift revocation of that right, penalties, and fines. For example:
• Sale of a firearm to a minor is a Class C felony, with a sentence up to 15 years
• 20 or more firearms sold or given to another is a Class B felony.
• Criminal purchase of a gun is a Class A misdemeanor
Firing Handguns and Self Defense
Firing handguns for the purpose of self-defense is legal in the state of New York. However, the laws are even stricter within New York City. Even the transportation of weapons is strictly prohibited in the state. The penalties can be severe for offenses like:
• Unlawful carrying of a firearm is punishable by a $150 fine and up to 150 days in prison
• Keeping an assault weapon means up to a year in jail and a $1000 fine
If you are facing weapons charges in New York call the Law Offices of David Galison, P.C., an experienced criminal attorney. The regulations are strict, and so are the punishments. Our Offices can discuss options and possibly obtain a lighter sentence, if the client is found guilty. For example:
• Maximum sentence for a Class B felony is 25 years
• Maximum penalty for a Class C offense is 15 years
• An addition five years is added to a sentence, if a weapon is used in the commission of a crime
New York Weapons Laws
§ 265.04 Criminal possession of a weapon in the first degree.
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.
Criminal possession of a weapon in the first degree is a class B felony.
§ 265.03 Criminal possession of a weapon in the second degree.
A person is guilty of criminal possession of a weapon in the second degree when:
1. with intent to use the same unlawfully against another, such person:
▪ possesses a machine-gun; or
▪ possesses a loaded firearm; or
▪ possesses a disguised gun; or
2. such person possesses five or more firearms; or
3. such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person's home or place of business.
Criminal possession of a weapon in the second degree is a class C felony.
§ 265.02 Criminal possession of a weapon in the third degree.
A person is guilty of criminal possession of a weapon in the third degree when:
1. Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or
2. Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or
3. Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or
4. (i) Such person possesses three or more firearms;
Criminal possession of a weapon in the third degree is a class D felony.
§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth degree when:
1. He possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or "Kung Fu star";
Criminal possession of a weapon in the fourth degree is a class A misdemeanor.
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