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Queens Gun Possession Lawyers

January 31, 2019

Gun Possession Law in New York New York has some of the strictest gun laws in the United States. New York law states that individuals who possess a firearm must register it in the state registry. Furthermore, the New York City’s Gun Offender Registry Act (GORA) mandates that residents of New York City who have been convicted of certain criminal offenses register a firearm with the New York City Police Department for a period of four years after being released from prison. When an individual fails to register a firearm in New York, it is a Class E felony. If convicted of a Class E felony, the penalty is up to four years in prison. According to New York Penal Code 265.00, a firearm is defined as:

  • A rifle that has one or more barrels that are less than 16 inches in length;
  • A weapon that was made from a rife or shotgun by modification;
  • An assault weapon;
  • A shotgun that has at least one barrel that is less than 18 inches;
  • A pistol or revolver.

Criminal Possession of a Weapon in the Fourth Degree Criminal possession of a weapon in the fourth degree is the least serious of gun possession offenses. An individual who is in possession of a firearm without a license will be charged with criminal possession of a weapon in the fourth degree, which is a Class A misdemeanor. If convicted of this offense, an individual could face up to one year in jail and monetary fines. Criminal Possession of a Weapon in the Third Degree There are several situations that could result in a criminal possession of a weapon in the third degree charge. If an individual has been convicted of another weapons charge in the past, he or she will be charged with criminal possession of a weapon in the third degree. In addition, an individual who has previously been convicted of a Class A misdemeanor or felony within the past five years will also be charged with criminal possession of a weapon in the third degree. Other situations that could lead to this charge include:

  • A person who is in possession of three or more firearms;
  • Possession of an assault weapon;
  • Possession of a firearm that is not loaded in conjunction with a felony drug trafficking charge;
  • Possession of a firearm in conjunction with a violent felony offense;
  • Possession of a disguised firearm;
  • Possession of a firearm that has been defaced to conceal that it’s a firearm.

Criminal Possession of a Weapon in the Second Degree There are three instances where an individual will be charged with criminal possession of a weapon in the second degree, which include:

  • An individual who is in possession a loaded firearm (except when it is not in the individual’s home or place of business);
  • An individual who is in possession of at least five firearms;
  • An individual who is in possession of a loaded firearm or machine gun with the intent to use it against another individual.

Criminal Possession of a Weapon in the First Degree Criminal possession of a weapon in the first degree is the most serious of gun possession charges. When an individual is in possession of 10 or more firearms, he or she will be charged with criminal possession of a weapon in the first degree. If convicted, this is a Class B felony that requires a minimum of five years in prison. Why You Need a Criminal Defense Attorney for a Gun Possession Charge If you have been arrested for criminal possession of a weapon in New York, it is vital to seek legal guidance as soon as you can. A criminal defense attorney with experience handling gun possession charges has an understanding of New York laws regarding possession of weapons offenses and can establish applicable defenses for these charges. If you or someone you know has been arrested for possession of a weapon in Queens, contact our law office for a consultation. Our team has more than 100 years of combined experience defending those accused of criminal offenses.

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