New York Gun Penalties

Criminal possession of a firearm in New York carries penalties of up to four years in prison for a class E felony. Third Degree criminal possession of a weapon carries up to seven years in prison with a two-year presumptive minimum.

The mere unlawful possession of a loaded firearm, with no intention of using it, is a C violent felony with a mandatory minimum of three and a half years in prison. An individual can get up to 15 years in prison for this offense. 

Every firearm crime in New York carries a potential sentence of prison and the most serious crimes involve mandatory incarceration. It may be critical to contact a distinguished gun attorney to help you build your defense. 

Repercussions of Felony Conviction

A felony cannot be removed from a person’s record. New York Criminal Procedure Law 160.59 can seal some crimes, but not those such as most gun and firearm offenses that are deemed by statute violent crimes. CPL 160.59 specifically makes violent felony offenses ineligible for sealing.

If a person is convicted of a violent crime such as Criminal Possession of a Weapon in the Second Degree for unlawfully possessing a loaded firearm in midtown Manhattan that is legally owned and registered in Texas, not realizing it is against the law to have in New York, the conviction for this crime can never be sealed. It will show up in background checks.

The person may no longer be allowed to vote, is excluded from future purchases of firearms and from welfare, potentially barred from federal housing, and be denied certain licenses in the employment context. A violent felony conviction for a firearm is one that is overwhelming destructive to one’s life and career.

Role of New York Prosecutors

There are few offenses that prosecutors treat more severely and harshly than gun crimes. Prosecutors, relatively speaking, do not care whether about nefarious reasons why someone possessed the firearm when seeking New York gun penalties. 

Upon arrest, authorities will run an ATF report and check to see whether the firearm is stolen or involved in any violent crime. They will make sure the serial number matches up to the person who has the gun in their possession.

Prosecutor Relationship to Law Enforcement

Law enforcement wants to see the license and know where it was purchased. They want to know how long the person had the firearm in New York and how it was kept while the person either visited or was traveling through the City or State of New York.

Prosecutors look at all the issues, but routinely have a strict interpretation of the law and do not accept ignorance of the law as a defense. While Manhattan is likely the harshest for New York gun penalties. In the event that someone is checking their firearm in a manner that is consistent with the law and TSA guidelines, Assistant District Attorneys are often open to potential resolutions.

Advantages of an Attorney

A lawyer can advocate and explain why their potential client may have had the firearm, where it came from, and challenge the search as to how law enforcement obtained the firearm. 

The most serious gun and firearm offense is a class B felony which has a mandatory minimum of five years for a first-time offender and up to 25 years in prison. 

Attorneys must always be cognizant that the potential client’s future is at risk. An experienced local lawyer puts the interest of the individual they represent when facing New York gun penalties. 

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