New York Ammunition Crimes: NYC Admin. Code 10-131(i) and NY PL 265.37

In New York State as well as New York City, there are numerous crimes relating to the possession of certain weapons. Most of these offenses are found in Penal Law Article 265 and are codified as either Criminal Possession of a Weapon or Criminal Possession of a Firearm, the latter specifically involving unloaded guns while the former encompasses those that are loaded as well as other weapon offenses. Outside of these crimes, there are statutes involving ammunition and bullets that are codified elsewhere. The two statutes routinely handled by defense lawyers are NYC Administrative code 10-131(i), a crime established by the NYC Council, and New York Penal Law 265.37.

Definitions, Elements and Penalties

New York City Administrative Code 10-131: Firearms and Ammunition

NYC Administrative Code 10-131(i)(3) makes it a misdemeanor for a person who is not authorized to possess a pistol or revolver in the city to possess ammunition for the same. Similarly, AC 10-131(i)(4) makes it a misdemeanor for a person who is authorized to possess a pistol or revolver to have any other pistol or revolver bullets that are not for the firearm he or she is permitted to maintain.

The potential exposure upon conviction of Firearms and Ammunition offenses under the NYC Administrative Code s is up to one year in jail and a fine not to exceed $1,000.00.

NY Penal Law 265.37: Unlawful Possession of Certain Ammunition Feeding Device

It is unlawful and a violation of Penal Law 265.37 to knowingly possess an ammunition feeding device where the device contains more than seven rounds of ammunition.

When possessed outside the home, the crime of Unlawful Possession of a Certain Ammunition Feeding Device is a class “B” misdemeanor with a potential punishment of six months in jail and a $250 fine.

Example and Hypothetical Scenario

As a preliminary matter, and to be clear, one need not be in possession of the actual firearm, but only bullets or the feeding device with those bullets. Whether you forgot you had a them in your pocket or in your bag while checking into your flight at JFK or LaGuardia Airport, if the Port Authority Police Department stops you after the TSA finds the contraband, expect that you will either be arrested or summonsed back to New York City, in this scenario Queens, or whatever municipality your offense occurred to face the charges.

Related Offenses and Collateral Issues

Ammunition charges are often charged by themselves when there is no other weapons related offense on the accusatory instrument. However, they are closely associated with other charges such as Criminal Possession of a Firearm, NY PL 265.01-b(1)) and the more serious violent felony Criminal Possession of a Weapon in the Second Degree, NY PL 265.03. Careful consideration must be given to avoiding a conviction that will have a detrimental impact on your immigration status, career or professional licensure.

Your Case, Your Defense, Your Future

Some statutes involving weapon possession are per se, such as those involving certain knives. This means that as long as you knowingly possess, and you have the intent to possess the particular contraband, it is an “automatic” crime. The same holds true for illegal ammunition whether the Port Authority Police summons you at the airport in Queens or the NYPD arrests you outside the Barclays Center in Brooklyn. As such, it is critical to make a compelling argument if you had no intention to bring them or even knew you were carrying the bullets. Educate yourself on the law. Review the materials found throughout our website and blog. Let the defense attorneys and former Manhattan prosecutors at Saland Law utilize their experience, advocacy and knowledge to best navigate the waters of the criminal justice system so that you can move on with your life unobstructed and clean of a criminal record.

Call us at (212) 312-7129 contact us online today to discuss your case and possible defenses.