With everything happening in the world regarding gun violence, New York state has cracked down on punishments for gun crimes. The consequences of owning a gun illegally or being involved in a gun crime have escalated. New York state is very strict when it comes to crimes involving guns. The charges associated with these crimes proves the severity of the crime in the eyes of the state. The NY SAFE Act was passed in 2013 and may be considered to be one of the most strict gun control laws in the country. If you are facing charges due to a gun crime, you should seek legal counsel immediately. With the changing laws, it’s best to get professional advice rather than assume what you are facing.
The NY SAFE Act has expanded upon the punishments involved in gun crimes. Under New York state law, a permit is required to purchase and carry a handgun. Along with this, individuals must register their handgun with a governing body and have a license to own it. When it comes to a long gun, such as a rifle or shotgun, individuals do not need to have a permit to purchase or carry. However, this only applies to those who own a long gun outside of New York City. Within the city, these laws are different.
What can I expect when charged with a gun crime?
If you are found in possession of an unlicensed firearm, you can be charged with a felony. Without a license for a gun, the consequences are more serious. Since assault weapons have been banned under the NY SAFE Act, you can also be charged with a felony if found to have one in your possession. However, if this assault weapon was legally bought before the NY SAFE Act was put into effect then the charges will not be the same. This is due to your possession of the weapon before the law was put into place.
Not only does the kind of gun matter when being charged, but the size of ammunition is also taken into consideration. The maximum capacity for magazine size is limited to 10 rounds. New York state law has banned high capacity magazines. If you are found in possession of them, you can be charged with a felony. When it comes to the selling of firearms, the laws that governed the private sale of guns has changed. By selling a firearm without a license, you can be charged with a felony. The transportation of firearms throughout the state is another aspect to consider. New York law enforcement does not recognize the federal Firearm Owners Protection Act. This means that you can be arrested or detained if you are a non-resident that is transporting guns throughout the state. Although you can be following federal law, New York state does not comply with this law. This means you will face charges.
If you are found to be in possession of a firearm while committing another crime, you can face even more serious consequences. These charges could lead to life-changing effects. In order to better understand what charges you are facing, contact our professional attorneys for advice and legal counsel.
Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.