New York Weapon Laws

New York weapon laws are more exhaustive and more stringent than weapon policies in other cities. Because the city is so large, protecting the city’s residents by enforcing gun policy, is a major priority. Weapon laws are not supposed to challenge or negate a person’s Second Amendment rights. Instead, these laws serve as a way of ensuring that people can practice their right to bear arms responsibly. If you are found in violation of these laws, contact a skilled firearms lawyer that can work tirelessly to defend you.

Prevalence of Gun Crimes in New York

Violent crimes and firearms go hand-in-hand. Not every assault, robbery, or burglary involves a firearm, but such offenses are far from atypical whether or not the weapon is fired or displayed. There is a reasonable concern by law enforcement that most people who commit crimes with firearms obtained those revolvers, pistols, handguns, etc., illegally and not through the proper channels.

Because of this, there is an incentive by the NYPD and local police departments to vigorously pursue all violations of New York weapon laws, to prevent the use of those weapons later and in other crimes. Often, people had the firearms legally and were otherwise perfectly legitimate firearm owners or weapon owners.

Common Ways to Be Charged

One of the most common ways an individual can be charged because of weapons in New York is when a person comes into JFK and LaGuardia and goes up to the airport gate or counter with their firearm, broken down in a locked hard case per TSA instructions, to check the firearm they believe is legal to possess in New York.

Even if there is no ammunition physically in the gun and it is in the case, the uninformed traveler is now looking at an arrest and arraignment for the crime of second-degree criminal possession of a weapon, a class “C” violent felony.

Another example is when someone is walking on the street and thinks they are abiding by the law when they have their gravity knife in their pocket. If law enforcement sees the knife clip on the outside of the pocket, the police will make an arrest after searching the person.

Another source of weapons charges in New York is a car stop where a driver or passenger, and often both due to legal presumptions about possession, is pulled over by the police and the officers claim they see something that requires a search of a vehicle or in fact search the vehicle and find a weapon on your person or in the automobile.

Conspiracy to Violate New York Weapon LawsWhen a person is involved with others in a conspiracy, even if they do not know the ins and the outs of the entire conspiracy, they can be held accountable for the crime or crimes committed. It does not matter that the person does not know who is involved in doing what, or where that wrongdoing occurred. If they are taking part and share in the furtherance of the crime, they can potentially be held accountable for the offense even if you make attempts to withdraw from the conspiracy.

Even if they did not pull the trigger or did not actually possess the firearm at the time of arrest, they can still be held accountable for violating New York weapon laws. There are also the acts of accessorial or accomplice liability. The person who was a lookout can be charged with the same crimes as the person who has the possession of a firearm and even pulled the trigger.

Value of an Attorney

New York weapon laws can be more severe than weapon policies in other cities. The link between violent crime and firearms is undeniable, which is why law enforcement is aggressive in their pursuit of those who do violate firearm policies. If you have violated a weapon law, retain the services of a knowledgeable,  local gun attorney whose familiarity with local gun policies can only serve to strengthen your case. A New York gun lawyer can fight for you.