Gun crime laws

Gun possession crime Lawyer in New York

Possession laws in the State of New York are very strict. If you are an individual being charged or prosecuted with such a crime, it is good to know what these crimes are all about and why you need a good gun crime lawyer on your side. If you are charged with a gun crime, you need to contact our Gun possession crime Lawyer in New York, who will prepare an appropriate criminal defense for you that will be properly used in court.Gun crime laws

The Basic Concepts of Common Weapons Possession Crimes In New York 

Criminal possession of a weapon can be a misdemeanor or a felony. It is defined under Section 265 of the New York Penal Law which provides the necessary definitions for the crime. 

What are considered as weapons in New York State?

The following are considered as weapons in New York State, to wit:

  1. "Machine-gun" means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a submachine gun.
  2. "Firearm silencer" means any instrument, attachment, weapon or  appliance for causing the firing of any gun, revolver, pistol or other firearms to be silent, or intended to lessen or muffle the noise of the firing of any gun, revolver, pistol or other firearms.
  3. "Firearm" means any of the following:
    • any pistol or revolver;
    • a shotgun having  one or more barrels less than eighteen inches in length;
    • a rifle having one or more barrels less than sixteen inches in length; 
    • any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or 
    • an assault weapon. Gun crime laws
  4. "Switchblade knife" means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other  device in the handle of the knife.
  5. "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device.
  6. "Pilum ballistic knife" means any knife which has a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife.
  7. "Metal knuckle knife" means a weapon that, when closed, cannot function as a set of plastic knuckles or metal knuckles, nor as a knife and when open, can function as both a set of plastic knuckles or metal knuckles as well as a knife.
  8. "Automatic knife"includes a stiletto, a switchblade knife, gravity knife, cane sword, a pilum ballistic knife, and a metal knuckle knife.
  9. "Dispose of" means to dispose of, give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer and otherwise dispose of.
  10. “Deface" means to remove, deface, cover, alter or destroy the manufacturer's serial number or any other distinguishing number or identification mark.
  11. "Gunsmith" means any person, firm, partnership, corporation or company who engages in the business of repairing, altering, assembling, manufacturing,  cleaning, polishing, engraving or trueing, or who performs any mechanical operation on, any firearm, large capacity ammunition feeding device or machine-gun.
  12. "Dealer  in firearms" means any person, firm, partnership, corporation or company who engages in the business of purchasing, selling, keeping for sale, loaning, leasing, or in any manner disposing of, any assault weapon, large capacity ammunition feeding device, pistol or revolver.Gun crime laws
  13. "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic  cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
  14. “Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun  shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
  15. "Cane Sword" means a cane or swagger stick having concealed within it a blade that may be used as a sword or stiletto.
  16. "Antique firearm" means: Any unloaded muzzle loading pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade.
  17. "Chuka stick" means any device designed primarily as a weapon, consisting of two or more lengths of a rigid material joined together by a thong, rope or chain in such a manner as to allow free movement of a  portion of the device while held in the hand and capable of being rotated in such a manner as to inflict serious injury upon a person by  striking or choking. These devices are also known as nunchakus and  centrifugal force sticks.
  18. "Loaded firearm" means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.
  19. "Electronic dart gun" means any device designed primarily as a weapon, the purpose of which is to momentarily stun, knock out or paralyze a person by passing an electrical shock to such person by means of a dart or projectile.
  20. "Kung Fu star" means a disc-like object with sharpened points on the circumference thereof and is designed for use primarily as a weapon to be thrown. "Electronic stun gun" means any device designed primarily as a weapon, the purpose of which is to stun, cause mental disorientation, knock out or paralyze a person by passing a high voltage electrical shock to such person.
  21. "Certified not suitable to possess a self-defense spray device, a rifle or shotgun" means that the director or physician in charge of any hospital or institution for mental illness, public or private, has certified to the superintendent of state police or to any organized police department of a county, city, town or village in this state, that a person who has been judicially adjudicated incompetent, or who has been confined to such institution for mental illness pursuant to judicial authority, is not suitable to possess a self-defense spray device.
  22.  “Disguised gun" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive and is designed and intended to appear to be something other than a gun.
  23. "Semi Automatic" means any repeating rifle, shotgun or pistol, regardless of barrel or overall length, which utilizes a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or spent shell and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge or shell.

Gun crime laws

If you are being charged with possession of an assault weapon, you should know what it means. According to the same section as above, an "assault weapon" means the following:

  • a semiautomatic rifle that has an ability to accept a detachable magazine and could be a folding or telescoping stock, a pistol grip that protrudes conspicuously beneath the action of the weapon, a thumbhole stock, a second handgrip or a protruding grip that can be held by the non-trigger hand, a bayonet mount, a flash suppressor, muzzle break, muzzle compensator, or threaded barrel designed to accommodate a flash suppressor, muzzle break, or muzzle compensator or a grenade launcher; or
  • semiautomatic shotgun that could be a folding or telescoping stock, thumbhole stock, a second hand grip or a protruding grip that can be held by the  non-trigger hand, a fixed magazine capacity in excess of seven rounds, an ability to accept a detachable magazine; orGun crime laws
  • a semiautomatic pistol that has an ability to accept a detachable magazine and could be a folding or telescoping stock, thumbhole stock, second handgrip or a protruding grip that can be held by the non-trigger hand, capacity to accept an ammunition magazine that attaches to the pistol outside of the pistol grip, a threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer, a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the non-trigger hand without being burned, a manufactured weight of fifty ounces or more when the pistol is unloaded, or a semiautomatic version of an automatic rifle, shotgun or firearm; or 
  • a revolving cylinder shotgun;
  • a semiautomatic rifle, a semiautomatic shotgun or a semi automatic pistol or weapon;
  •  a semiautomatic rifle, a semiautomatic shotgun or a semi automatic pistol or weapon 
  • any weapon including any large capacity ammunition feeding device that was legally possessed by an individual. An individual who transfers any such weapon or large capacity ammunition device to an individual inside New York state or without complying with the provisions of this paragraph shall be guilty of a class A misdemeanor unless such large capacity ammunition feeding device.

A "Large capacity ammunition feeding device" means a magazine, belt, drum, feed strip, or similar device, that has the following characteristics:

  • It has a capacity of, or that can be readily restored or converted to accept, more than ten rounds of ammunition; or 
  • It contains more than seven rounds of ammunition.

Every Item Could Be A Weapon

The most common weapons possession charges are for the possession of the above-defined weapons. The crime of possession is considered as a serious one as it comes with a hefty penalty.

If you look at the definitions, any kind of item can be considered as a "dangerous instrument". Why? This is primarily because under any of the circumstances, as long as the item is used for a crime that can cause death or injury, it is considered as a weapon. Gun crime laws

A good example here would be a writing pen. If you own a pen, it is not considered as an illegal weapon but if it is used to strike someone, it can be deemed as a weapon.

Possession As A Misdemeanor

If you are charged with possession as a misdemeanor, you could be sentenced to imprisonment of up to one year in jail. If you have no prior criminal record, you could get a non-jail disposition of your case. How your case is taken care of depends on the gun crime lawyer that you would get. 

The Concepts Of Possession

There are different legal concepts that come with possession. They are the following:

  • Constructive Possession - this is where a person can be charged with possessing a firearm even if the firearm was not actually in their possession. You can be charged with possession even if you were not carrying a weapon at the time of the arrest. For example, if you are driving around and you have a shotgun on your car. If you are pulled over and the police officer would see the shotgun, you could be charged with constructive possession.
  • Weapons Presumption is an affirmative presumption. This legal concept allows the police and prosecutors to charge multiple individuals with possession of a single firearm. 

Get The Help You Need

At the end of the day, if you are being prosecuted for a firearms and guns possessions case in New York, it is important that you get all of the help that you need. Being prosecuted for a crime is one thing but being convicted is another. Make sure that you have all of the important facts and the defenses that you could possibly need. Gun crime laws

Your gun crime lawyer should be able to help you find the right criminal defense from the time that you hire him. A plea bargaining deal should always be on the table. Technicality should be handled with great caution as that can also take care of your case. You should also be able to throw out evidence if you have the right lawyer.

Whatever you need, whatever kind of defense is necessary, you should get a lawyer who can help you.

Contact Us Today

If you need help urgently, we are always here to assist you. You can visit our office at 464 Ocean parkway, Brooklyn, NY 11218 or call our telephone at: (+1) 347-763-93-96.

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