The NY SAFE Act expanded upon the punishments that were put into effect for regulating gun control and enforcing gun crime penalties. 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, the laws can be different due to the different environment.
What can I expect when charged with a gun crime?
If individuals are charged with possession of a firearm without a license, this can be considered a felony charge. When individuals lack a gun license, the degree of consequences can increase in severity. Under the NY SAFE Act, assault weapons are banned. If you are found with one in your possession, this can also cause a felony charge. 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. The law was made in and passed in 2013.
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 charged with a gun crime, you need to consider your future. Gun crimes are serious offenses. Many are felonies with overwhelming prison terms. Contact The Law Office of Kevin T. Conway to review your case and effectively defend you from criminal charges. Our legal team will explore all legal defenses to alleviate the impact of your offense and conclude your matter in the best possible way. If you need our experienced and skilled legal services, contact the Law Office of Kevin T. Conway today.