New York Gun Crimes: FAQ
Outside very limited circumstances, you cannot possess a firearm in New York City. T0 possess a gun in New York City, a special permit must be granted and issued by the NYC police commissioner. NY Penal Law § 400.00(6)
- 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, LaGuardia or Other NY Airport
- Criminal Possession of a Firearm (NY PL 265.01-b(1))
- New York Ammunition Crimes and Offenses
In New York, possessing a gun is a crime, unless a person is otherwise permitted to possess the firearm. Possessing a gun is covered by the crimes of Criminal Possession of a Weapon in the First, Second, Third and Fourth Degrees. These crimes range from a B felony, punishable by up to 25 years in state prison, to an A misdemeanor punishable by up to 1 year in local jail or even no jail time whatsoever.What are the gun laws in NY?
Very simply, it is a crime to possess a firearm in New York without a permit or right to do so specifically from the State of New York and the jurisdiction where you possess the firearm. As such, it can be a felony to possess a legally registered firearm in New York City that is otherwise legally possessed elsewhere in New York State or in another state.Can you carry a gun in NYC?
Possessing a gun in New York City is a crime, unless a person is specifically authorized to possess the firearm by the NYPD Commissioner's Office. NY Penal Law § 400.00(6)If a firearm is not registered in NY can I still have it there?
No. Even if a person is authorized to possess a firearm in New York, possessing a firearm that is unregistered is a violation of New York Penal Law 265.01-b(1), Criminal Possession of a Firearm, which is an E felony punishable by up to 4 years in state prison. If the firearm is also loaded, it is a violation of New York Penal Law 265.03 with a mandatory minimum sentence of three and one half years in prison and as long as fifteen years in custody.
Call the New York State criminal defense lawyers and former New York City prosecutors at (212) 312-7129 or contact us online today.