A Primer On New York Gun Crime Defense

There has recently been a court decision which could have a major impact on New York gun crime defense in New York City and statewide.

In New York, the penalties for gun crimes are severe and are always getting tougher. These laws are also very intricate. People who have been charged with a gun crime should engage with a lawyer who is well-versed in New York law and can aggressively help with New York gun crime defense.

There are, of course, more New York gun crime defense attorneys than can even reasonably be counted. Because this is the case, the most important thing you should be lookign for is experience. Because of the complexity of firearm laws, top quality New York gun crime defense all starts with the know-how of the law firm you hire.

Further Details concerning New York Gun Crime Defense...

Following are details about just a few of the more common gun crimes in New York:

- Simple possession of an unlicensed firearm is a felony. At the time of this writing, the minimum sentence for simple possession of an unlicensed firearm has just been increased from one year in prison to three and one half years in jail. It must be loaded and outside your home or place of business to to receive these sentences; therefore, the crime is considered misdemeanor and will most likely not require the same level of New York gun crime defense.

- Possessing an assault gun is a felony, whether or not it is loaded and whether or not you had an intention to use it.

- Having a high capacity ammunition feeding device, like a magazine for a pistol that can hold more than ten rounds, is a felony. This and the previously mentioned crime will certainly require a New York gun crime defense attorney of considerable experience.

- Selling firearms is an especially complicated area; there are restrictions on selling guns to minors, secondary sales, etc. It is a felony to sell guns without a license.

And other crimes can result in higher sentences by the use of a gun. If you have a loaded weapon in a robbery, you can get up to 25 years in jail. Even if you simply pretend you have a gun, you'll be looking at up to 15 years in jail. Therefore you may even need New York gun crime defense when a weapon isn't even actually involved.

People are also getting arrested in increasing numbers for possessing other weapons, such as gravity knives. Although these types of offenses won't require New York gun crime defense, a criminal defense attorney will still be required.

A recent Appellate Court decision overturning a Nassau County gun law might have far reaching implications for New York City gun charges and New York City weapons offenses. It is very important for you to know that NYC bans many items which may be legal in other areas of New York state. In Chwick v. Mulvey, gun owners successfully challenged a Nassau County local law that prohibited possession of firearms that were "deceptively" colored such as pink, gold or brown. This is New York gun crime defense at its finest.

In finding that the Nassau County Law was preempted by New York State law which already has a comprehensive statutory and licensing scheme, the Appellate Division of the Supreme Court, Second Department ruled that Nassau County could not regulate in this area in direct contradiction to new York State law which says that licenses for firearms shall be valid throughout the State (except New York City). The ruling of this Court has binding in effect in the New York City Counties of Kings and Queens.

What is left unanswered by the Court is whether NYC has the right to ban "weapons" such as handcuffs, imitation pistols, and shotguns and rifles (for which New York City has its own licensing scheme) in the face of complete state legislation that for example lists all of the illegal weapons in NY State.

NY gun crime defense Penal Law sec. 265.01 (1) lists more than fifteen specific weapons such as gravity knives, Chinese throwing stars and switchblades and then in subsection 2 lists additional weapons which are illegal if one has intent to use them unlawfully against somebody else.

In addition, New York City regulates mace despite comprehensive legislation in Penal Law Article 270 and regulates Rifles and Shotguns despite the fact that the New York State Penal law specifically does not include them in the definition of firearms (for which a license is required). In addition, Rifles and Shotguns are regulated in the Penal Law which, for examples, prohibits their possession: on school, college or university grounds (PL 265.01 (3)); prohibits their possession by convicted felons or others convicted of a serious offense (PL 265.01(4)); by a person certified not suitable to possess a rifle or shotgun (PL 265.01(6)).

A person charged with any weapons related offense specific to NYC or any other locality in NY State should contact a New York gun crime defense attorney at once whether or not a preemption argument should be made to have the charges dismissed.

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