The State of New York has some of the strictest gun laws in the country. If you have been arrested for illegal possession of a firearm, you may face hefty fines, mandatory prison time, and a permanent criminal record.
Hiring a gun and weapons charges lawyer in Gordon Heights is the single best thing that you can do to ensure that your rights are protected.
Regardless of whatever firearm or weapon charge you face, Olivier E. Roche, Esq. will provide you with sound and tailored legal advice to guide you through every step of your proceedings.
As a former prosecutor, I can assess the validity of search warrants and contest all evidence against you. I will use my knowledge and courtroom experience to craft a solid and winning defense for you.
As your trusted firearm possession lawyer, I will go the extra mile to obtain the best possible outcome for you.
New York Gun Possession Laws
In the State of New York, a license is required to possess a handgun. The state also prohibits people from possessing short-barreled shotguns, short-barreled rifles, and machine guns.
Under the New York State Penal Law Section 265, the following weapons are considered firearms:
- Pistol or revolver
- Modified shotguns and rifles
- Certain shotguns
- Certain rifles
- Assault weapons
To obtain a license to carry a firearm, a person must:
- Be at least 21 years of age
- Be of good moral character
- Not be a fugitive from justice
- Not have been dishonorably discharged from the military
- Not be addicted to narcotics or any controlled substance
- Not have an arrest warrant for or have been convicted of a felony or certain misdemeanors.
- Not have had a license revoked or suspended due to a domestic violence restraining order
- Not be residing unlawfully in the United States.
- Not have been civilly confined in a secure treatment facility
Categories of Criminal Possession of a Weapon in NY State and Consequences
- Fourth Degree Criminal Possession of a Weapon: Possession of a firearm without a proper license may lead to imprisonment of one year.
- Third Degree Criminal Possession of a Weapon: This covers the illegal possession of a firearm by a person with a criminal history. The penalty is up to 7 years of jail time.
- Second Degree Criminal Possession of a Weapon: Unlawful possession of a loaded handgun or at least five firearms. The defendant may face up to 15 years of imprisonment.
- First Degree Criminal Possession of a Weapon: Illegal possession of at least 10 firearms or any explosive with the purpose of using it against another individual. Punishable by a maximum 25-year prison sentence.
Other Potential Consequences
Unlike in other states, in NY, both first-time offenders and those with criminal histories may face mandatory prison sentences. Aside from incarceration, you may also face costly fines. A Class A misdemeanor can result in a $1,000 fine, while more serious charges, such as a Class B felony, may carry significantly greater fines.
A gun-related charge can have other consequences, including possible deportation, loss of visa status, and being denied employment.
Work with a Seasoned Firearm Possession Lawyer in Coram
With a trusted gun possession attorney on your side, you can rest assured that your rights are not being abused or overlooked in any way. Schedule a free consultation now and get tailored and fair representation.
