Gun Laws in New York

Some states have as strict gun laws as the state of New York, whether it is a SAFE Act, recent laws, or ongoing legislation that the New York pursues and seeks to enforce. Contact an experienced gun lawyer for any charges you may be against. 

Individuals cannot possess a loaded or unloaded firearm in the state of New York without the requisite license and permit. If a person does not have that, then their possession is unlawful.

If a person possesses a loaded firearm that is not registered and licensed in New York, it is a violent mandatory incarceration crime. Even when the firearm is not loaded, it is still a felony. New York is one of the harshest states in the Union for prosecutions and crimes involving someone with a firearm that is not licensed in NY.

Common Firearm Law Misconceptions

Some resources such as the TSA website or the airline's websites provide information about how to transport firearms. Individuals need to check each state to identify their regulations and laws in that particular jurisdiction. They must comply with the laws and regulations in the state they are planning to visit and New York is no exception.

Many people are unaware that having a license in Ohio, Wisconsin, or Texas does not translate to legally possessing that same weapon in New York. That is where a lot of people are on the wrong side of the law and face consequences that can devastate their careers, family and life going forward.

Gathering Legal Information

There are many resources to find out information about gun laws. Before anyone travels to the state of New York with their firearm for restoration, it is incumbent upon them to not rely on the TSA regulations about travel.

A person should look up the New York Penal Laws and educate themselves about gun laws in New York and the charges someone can face.

Impact of Local Firearm Laws

Gun laws in New York are quite specific. A defaced firearm is a crime; possession of a stolen firearm is a crime. Possessing a loaded firearm without a license or permit outside the person's home or place of business is a crime. Possessing an unlicensed firearm that is not loaded outside of a person's home or place of business without a permit or license is a crime.

New York gun laws are specific and clearly identify what is illegal. It is not a failure of notice, it is often a failure of knowledge on the part of the accused where such person believes they are acting within the bounds of the law. Those who illegally secure firearms or use them do not necessarily fall within this category of people.

It is critical to have counsel who clearly understands the law and its application, fully understands the law and the process and appreciates the ramifications of illegal possession of firearms.

Likelihood of Reciprocity Regarding Concealed Carry

There is no reciprocity with gun laws in New York. Someone must have a license or permit state and New York City to possess or carry a firearm. There are no exceptions other than some Federal legislation which allows for temporary possession as it relates to transportation through the state of New York and members of law enforcement.

If someone is in a state where their gun is legal and they are traveling through New York where their gun is illegal to get to another state where their possession is once again legal, an argument can be made that their firearm possession in New York is also permissible. However, someone may still be arrested using this defense, however valid. Upon arrest, no DA or judge will take their word about how or why the individual possessed their firearm in New York.

For the right reasons, the District Attorney will conduct their investigation which can take easily weeks if not months. Individuals should be more aware of the laws in any jurisdiction they enter with their firearm or face the consequences of their actions.

Moving to New York

An individual cannot bring their firearm to New York unless they are licensed in the city or state. A person must have a license in the state of New York to possess a firearm. Someone with a gun must have a permit in that jurisdiction to possess a firearm. The possession of the firearm must be consistent with the parameters of the license. Unless someone has a conceal to carry permit, it is considered committing a crime if to carry that firearm on their person.

If someone was unaware of this law and is in violation by possessing an out of state gun, it is better to address the issue than to risk arrest and possible prosecution. If an individual wishes to discard or sell their gun, they should speak with an attorney regarding the potential steps of ridding themselves of the gun. It is important that an individual strives to make the best efforts to act consistently within the parameters of the law.

Consulting with an Attorney

A person who is unsure about gun laws in New York should consult with an attorney because it is easier to avoid a mistake that could alter their life, destroy their career, and land them in prison before it happens than it is to ask for forgiveness and challenge the law after the fact. Especially if you are sitting in a jail hoping or waiting to be bailed out.

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