The Grouser

The Things You Need To Know About New York Gun Crime Defense

Article by Dan Herman

A recent court decision could have a major impact on New York gun crime defense in New York City and statewide.

In NY, the penalties for gun crimes are severe and are always getting tougher. And they are also very complex. People who have been charged with a gun crime should hire a lawyer who is well-versed in New York law and can aggressively help with New York gun crime defense.

There are, of course, more New York gun crime defense attorneys than can even reasonably be counted. Because this is the case, the most important consideration you should have is experience. Because of the complexity of firearm laws, top quality New York gun crime defense begine with the knowledge of the law firm you hire.

More Information about New York Gun Crime Defense…

What follows are details about just a few of the more common gun crimes in New York:

- Just a possession of an unlicensed gun is a felony. At the time of this writing, the minimum penalty for simple possession of an unlicensed firearm has just been increased from one year in prison to three and one half years in jail. It must be loaded and outside your home or place of business to qualify for these punishments; therefore, the crime is considered misdemeanor and may not require the same level of New York gun crime defense.

- Possession of an assault weapon is a felony, whether or not it is loaded and whether or not you had an intention to use it.

- Possession of a large capacity ammunition feeding device, like a magazine for a pistol that can hold more than ten rounds, is a felony. This crime and the previous one will certainly require a New York gun crime defense attorney of vast experience.

- Sale of firearms is an especially complicated area; there are restrictions on selling guns to minors, reselling guns, etc. It is a felony to sell firearms without a license.

And other crimes can result in higher sentences if using a gun. If you have a loaded weapon during a robbery, you can get up to 25 years in prison. Even if you simply pretend you have a gun, you’ll be looking at up to 15 years in jail. Therefore you may even need New York gun crime defense when a firearm isn’t even actually involved.

People are also getting arrested in increasing numbers for possession of other types of weapons, such as different types of knives. Although these types of offenses won’t require New York gun crime defense, a criminal defense attorney will still be required.

A recent Appellate Court decision overturning a Nassau County gun law may have far reaching implications for New York City gun charges and New York City weapons offenses. It is very important for you to know that New York City bans many items which are legal in other areas of The Empire state. In Chwick v. Mulvey, gun owners successfully challenged a Nassau County local law that prohibited possession of firearms that were “deceptively” colored such as pink, gold or brown. This is New York gun crime defense at its finest.

In finding that the Nassau County Law was preempted by NY State law which already has a comprehensive statutory and licensing scheme, the Appellate Division of the Supreme Court, Second Department ruled that Nassau County could not regulate in this area in direct contradiction to new York State law which says that licenses for firearms shall be valid throughout the State (with the exception of NYC). The ruling of this Court has binding in effect in the New York City Counties of Kings and Queens.

What is left unanswered by the Court is whether NYC has the right to ban “weapons” such as handcuffs, imitation pistols, and shotguns and rifles (for which New York City has its own licensing scheme) in the face of inclusive state legislation that for example lists all of the illegal weapons in NY State.

New York gun crime defense Penal Law sec. 265.01 (1) lists more than fifteen specific weapons such as gravity knives, Chinese throwing stars and switchblades and then in subsection 2 lists additional weapons which are illegal if one has intent to use them unlawfully against another.

In addition, NYC regulates mace despite comprehensive legislation in Penal Law Article 270 and regulates Rifles and Shotguns despite the fact that the New York State Penal law specifically does not include them in the definition of firearms (for which a license is required). In addition, Rifles and Shotguns are regulated in the Penal Law which, for examples, prohibits their possession: on school, college or university grounds (PL 265.01 (3)); prohibits their possession by convicted felons or others convicted of a serious offense (PL 265.01(4)); by a person certified not suitable to possess a rifle or shotgun (PL 265.01(6)).

Anyone charged with any weapons related offense as it relates to New York City or any other locality in New York State should contact a New York gun crime defense attorney at once whether or not a preemption argument should be made to have the charges dismissed.