New York State has some of the most rigid gun laws in the country. In New York City alone, there have been 2,007 gun arrests and about 3,080 seized firearms in the first five months of 2022. While Constitutional protections allow citizens to carry a gun outside their homes, criminal possession is one of the most severe and complex offenses. Other types of charges include the illegal sale and use of a firearm.
If you have been charged with gun possession and believe you did not commit this crime, then you must contact an experienced firearm possession lawyer in Wyandanch who can help get your case dismissed or win you a reduced sentence.
Gun Possession Laws
In the United States, possessing a firearm is a protected right under the Second Amendment. However, that right is subject to regulation across various states.
Firearm Possession Charges
Federal law does not define possession as an element of any crime. However, New York state law defines possessing a firearm and other weapons as a felony. You will face severe penalties if you are charged with felony gun possession.
Enacted in 2013 as part of New York’s Secure Ammunition and Firearms Enforcement Act, Penal Law Section 265.01-b, Criminal Possession of a Firearm states that a person is guilty when they:
- Possess any firearm, or;
- Lawfully possess a firearm before the SAFE Act and knowingly failed to register the firearm by April 14, 2014.
New York state law makes it illegal to possess any firearm or other weapons except under the following circumstances:
- If the owner of a firearm keeps his weapon unloaded while in his home or property, they don’t have to worry about prosecution for criminal charges;
- If the owner of a firearm keeps his weapon in his home or property but keeps it under lock and key, they don’t have to fear prosecution for criminal charges;
- Anyone licensed to carry a concealed weapon may carry their pistol or revolver without fear of prosecution for criminal charges if they carry the weapon on their person.
Possession of a firearm without a license is punishable by imprisonment of not less than one year and not more than three years. Possession of a loaded firearm in connection with other crimes, such as robbery or assault with intent to commit murder, is punishable by imprisonment for at least five years but not more than 20 years.
Why Hire a Firearm Possession Lawyer?
You can only know your rights if you know the law. However, ignorance of the law excuses no one. This is especially true for illegal gun possession in New York. Although there was a significant decrease in citywide shooting incidents in the first half of 2022, the law remains strict and relentless on offenders.
If you’re an ordinary citizen charged with gun possession, it can be extremely difficult to understand the law since there are instances when gray areas need to be contested. There are so many interpretations of the same statute, and even when it comes down to one ruling by a judge or jury, they may disagree on their interpretation.
Hiring the wrong lawyer could mean that your case is dismissed or you spend more time in jail than necessary. Gun possession is a complicated case with such drastic consequences, so it’s best to work with a seasoned attorney who genuinely cares about your interests and the impact the charge will have on your life.
With Roche Law Group, P.C., you can have peace of mind knowing that you’re working with a law firm that has handled firearm possession cases through the years. We have experience navigating various types of gun crimes and implementing the right strategies to help our clients’ cases get resolved as quickly and efficiently as possible.
Contact us for a consultation with a gun possession lawyer in Wyandanch today.
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