Possession of Prohibited Dangerous Weapons in New York

Baseline crime statutes for possession of prohibited dangerous weapons in New York can involve automatic violations, even misdemeanors. Retaining the wrong counsel is a pitfall that will send you down a road of failure. A failure that can mean years in prison. An experienced gun attorney can challenge an unconstitutional search or a violation of your rights by the police. 

Metal knuckles, electronic stun guns, and certain objects or weapons are automatically considered misdemeanors regardless of when the person bought them, where they purchased them or how they intend to use that weapon. 

Guns play a big role in charging someone for possession of prohibited dangerous weapons in New York. A person might have gotten a knife at one of the big box stores to use in the regular course of business. A person cannot have a knife that flips open with the force of gravity or a switchblade knife that pops open with a spring.

It is a crime to possess a switchblade or gravity knife in New York. Many people carry knives as a regular course of their life if they are a carpenter, farmer, engineer, or architect. 

If an individual uses a gravity knife to cut wires, it is an automatic misdemeanor. On the more serious felony front, certain weapons such as assault rifles are illegal in New York.

There are different theories of possession of prohibited dangerous weapons in New York. One theory is direct and actual possession. The weapon is in the person's pocket, in their pants, in their hands, or in a case the person is carrying. Another type of possession is constructive possession and is different.

The weapon is in a place over which the person has dominion and control. If the weapon is in a person's home on their kitchen table, it is arguably clear that they had knowledge and possession, even though the possession is not directly physical.

If a person is in a vehicle and the vehicle is registered to a person and a gun is in the glove compartment, an argument can be made that the person had knowledge of its location.

New York has certain legal presumptions that are permissible. That means a grand jury or a trial jury can make a determination that the presumption applies to the case.

If there are three people in a car and a firearm is recovered in the vehicle, the authorities may not initially know who has possession of the firearm. The law would allow prosecutors to argue that everyone is presumed for possession of prohibited dangerous weapons in New York. 

There are obviously legal and evidentiary ways to challenge this presumption. The firearm may be underneath the seat of one particular person. There may be fingerprints on the firearm. There are many ways to challenge the points that the law allows with a presumption.

The better and more intelligent question is why wouldn’t a person accused of any crime, a firearm offense or not, work with and retain an experienced, knowledgeable advocate.

If you are accused of possession of prohibited dangerous weapons in New York an attorney can help you prepare for trial.

A firearm lawyer must have knowledge of the law and procedure and have familiarity with the court and the criminal justice system where you are charged.