Changes in New York Gun Laws

The gun laws in New York have gotten more difficult and more onerous. There are specific reasonable complaints by many in the firearms community who are legitimate, honest, regular people exercising their Second Amendment.

It appears that the state of New York would rather err on the side of caution to protect those who are law-abiding citizens. A person cannot have a firearm without the required license. There is no letup nor cutting back of these laws in the foreseeable future. 

Contact an attorney if you are experiencing pending firearm charges due to the recent changes in New York gun laws. A distinguished firearm lawyer can help defend your rights and your future. 

Role of New York Laws

It is likely that in the more urban setting and densely populated areas, there is a fear that if concealed weapons were commonplace, then there would be a vastly increased potential for acts of violence on a regular basis.

Criminal possession of a firearm recently went from being a misdemeanor crime for unloaded firearms outside of a place of business or in the home to being a felony offense. It is now more severe to unlawfully possess a firearm, even if it is not loaded.

The changes to the gun laws increased the penalty. There are changes to laws about ammunition and limiting the amount and type of ammunition, limiting the type of license, and expanding assault weapon definitions.

Classifying Gun Laws

Recent changes in New York gun laws include reaching the class C violent felony. The prosecutor no longer has to establish the intent to use that firearm unlawfully against another person. If the District Attorney failed to establish this intent, the felony went from the class “C” violent Second-Degree offense to the class “D” felony of Third Degree Criminal Possession of a Weapon.

New York State disposed of this additional hurdle of “intent to use unlawfully”. While this is still an element to a particular subsection, to reach the higher-level offense prosecutors need not even address your intent in possessing the firearm and what you sought to do with the weapon.

Future of the Second Amendment

Changes in New York gun laws may mean harsher penalties. There are so many crimes that people perpetrate with weapons on a regular basis and New York is not a conservative state that embraces a generous view of the Second Amendment. Violent crimes and their penalties are going to become more significant to send a clear message. Contact an attorney for any pending charges you may be facing.

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