New York Ammunition Crimes: NYC Admin. Code 10-131(i) and NY PL 265.37
In New York State as well as New York City, there are numerous crimes relating to the possession of certain weapons. Most of these offenses are found in New York Penal Law Article 265, but those involving ammunition is codified elsewhere as well. Two of these offenses are NYC Administrative code 10-131(i), a crime established by the New York City Council, and New York Penal Law 265.37.
Some statutes involving weapon possession are per se. This means that as long as you knowingly possess, and you have the intent to possess the particular weapon, it is an “automatic” crime. Similarly, the same holds true for New York ammunition crimes. None of this is uncommon. For example, the Port Authority Police or NYPD can arrest you at the airport in Queens, outside the Barclays Center in Brooklyn, or in Midtown Manhattan if you have either a gravity knife or a switchblade knife. Your mere possession is illegal and a misdemeanor pursuant to New York Penal Law 265.01. If you are in possession of a loaded and unlicensed firearm at LaGuardia or JFK in Queens, outside the Freedom Tower in downtown Manhattan or meandering around the Dekalb Market in Brooklyn, it is of no consequence that you had a conceal carry permit in Texas, Iowa, Florida or California. By statute, it is a class “C” violent felony pursuant to New York Penal Law 265.03.
- Criminal Possession of a Weapon in the Fourth Degree: NY PL 265.01
- Criminal Possession of a Weapon in the Third Degree: NY PL 265.02
- Criminal Possession of a Weapon in the Second Degree NY PL 265.03
- Criminal Possession of a Weapon in the First Degree: NY PL 265.04
- Criminal Possession of a Weapon at JFK and LaGuardia Airports
- Criminal Possession of a Firearm: NY PL 265.01-b(1)
- Criminal Possession of a Weapon: Felony and Misdemeanor Information
In addition to the wide ranging and variety of crimes involving weapons in New York there are also strictly enforced crimes and violations involving ammunition. To be clear, one need not be in possession of the actual firearm, but only unlawful possession of the ammunition feeding device or ammunition itself. Whether you forgot you had a bullet in your pocket or in your bag while checking into your flight back to Georgia or Illinois, expect that you will either be arrested or summonsed back to New York City or whatever municipality your offense occurred to face the charges.New York City Administrative Code 10-131: Firearms and Ammunition
NYC Administrative code 10-131(i)(3) makes it a misdemeanor for a person who is not authorized to possess a pistol or revolved in the City of New York to possess ammunition for the same. Similarly, NYC Administrative code 10-131(i)(4) makes it a misdemeanor for a person who is authorized to possess a pistol or revolver to possess any other pistol or revolver ammunition that is not for the firearm he or she is permitted to maintain. The potential exposure upon conviction of these two crimes is up to one year in jail and a fine not to exceed $1,000.00.New York Penal Law 265.37: Unlawful Possession of Certain Ammunition Feeding Device
It is unlawful in New York and a violation of New York Penal Law 265.37 to knowingly possess an ammunition feeding device where the device contains more than seven rounds of ammunition. When possessed outside the home, the crime is a class “B” misdemeanor with a potential punishment of six months in jail and a $250 fine.
Irrespective of the particular crime you face, it is of critical import to recognize that because you may have had the ammunition legally elsewhere does not mean its possession in New York State or New York City is legal. Further, if you are ultimately convicted of one of these crimes, a criminal conviction is permanent and will never be expunged. This means going forward in life should you be asked on an employment application or should a background check reveal your criminal history, these crimes will show up front and center.
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Despite the obvious concerns, especially for a traveler residing out of state who may not have the time or ability to repeatedly return to defend him or herself against an arrest, Desk Appearance Ticket or summons, these cases can be resolved in an effective, efficient and favorable manner. While it may take some “homework” on your part and advocacy from your criminal defense attorney, the effort and time preparing for an arraignment or hearing can make the difference between a resolution you can live with and one that will live with you in perpetuity.
Educate yourself on the law. Review the materials found throughout our website and blog. Let the New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC utilize their experience, advocacy and knowledge to best navigate the waters of the criminal justice system so that you can move on with your life unobstructed and clean of a criminal record.
Call the New York City unlawful ammunition possession lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.