New York Criminal Possession of a Weapon in the Second Degree (NY Penal Law 265.03)
Ask any New York criminal defense lawyer from Manhattan or Brooklyn to Queens or Westchester County. There are few charges less forgiving and more aggressively enforced than Criminal Possession of a Weapon in the Second Degree pursuant to New York Penal Law 265.03 (CPW 2). This crime is ruthless in its application and the potential impact is devastating. The law is very clear. If you are convicted of this offense there is a mandatory minimum sentence of 3.5 year in prison and a maximum term of 15 years in prison. What compounds this matter is that this sentence is applicable for those with no previous record. In fact, even if you have a permit out of state, if you possess that firearm in New York without a permit here (see New York Airport Gun and Criminal Possession of a Weapon), you will still be charged with this offense.
Criminal Possession of a Weapon in the Second Degree – NY PL 265.03(3)
A person is guilty of Criminal Possession of a Weapon in the Second Degree pursuant to New York Penal Law 265.03(3) when that person possesses a loaded firearm (pistol, revolver, handgun, etc.) outside his or her home or place of business without a permit regardless of what the intent was. If that was not clear enough, if you possess your duly licensed pistol from Maine, Texas or New Jersey in New York without a license in this state and it is loaded, you are going to be charged with this offense. What makes matters worse is that under the laws of New York, "loaded" does not mean a clip in the gun or a bullet in the cylinder. If the firearm is capable of being loaded and the bullets are in the case with the gun or even in your pocket, you can still potentially be charged with this offense. Unfortunately, ignorance of the law in New York is no defense. Whether you are properly checking the firearm at LaGuardia or JFK Airports in Queens or have it anywhere else in New York, possessing that firearm will land you in state prison without an assertive and compelling defense.
Crotty Saland PC is a Manhattan criminal defense firm representing clients throughout New York City and the region. While past success of any New York criminal lawyer is no guarantee of future success, Crotty Saland PC has had tremendous results for clients in matters involving Criminal Possession of a Weapon due to our experience and advocacy.
If you are charged with Criminal Possession of a Weapon in New York, contact our criminal defense attorneys and review our New York criminal law blog at NewYorkCriminalLawyerBlog.Com and search through the Criminal Possession of a Weapon section for further analysis and legal decisions impacting these crimes.