New York Gun Crime Defense-avoiding Stiff Penalties!

New York Gun Crime Defense

How New York Gun Crime Defense Can Help You Avoid Stiff Penalties


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 NY, the penalties for gun crimes are severe and are always getting tougher. And they are also very complex. People who have been charged with a gun crime should hire an attorney who is well-versed in NY law and can aggressively help with New York gun crime defense.

There are, of course, more New York gun crime defense lawyers 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 begine with the understanding of the law firm you hire.

Further Details concerning New York Gun Crime Defense...

Following are details regarding 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 jail to three and a half years behind bars. It must be loaded and outside your home or place of business to qualify for these punishments; otherwise, the crime is considered misdemeanor and will most likely not require the same level of New York gun crime defense.

- Possession of an assault rifle is a felony, whether or not it is loaded and whether or not you had an intention to use it.

- Possession of 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 distinguished experience.

- Sale of firearms is an especially intricate area; there are restrictions on selling guns to minors, secondary sales, etc. It is a felony to deal firearms without a license.

And other crimes can result in higher sentences by the use of a gun. If you have a loaded gun in a robbery, you'll be looking at up to 25 years in jail. Even if you simply pretend you have a gun, you can get up to 15 years in jail. So you can see that you may even need New York gun crime defense when a firearm 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 crimes won't require New York gun crime defense, a criminal defense professional will still be required.

A recent Appellate Court decision overturning a Nassau County gun law could 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 New York City forbids many items which may be legal in other parts of The Empire 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 NY 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 rifles and shotguns (for which NYC has its own licensing scheme) in the face of inclusive state legislation that for example lists all of the illegal weapons in New York State.

NY gun crime defense Penal Law sec. 265.01 (1) lists more than fifteen specific weapons such as gravity knives, kung fu 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.

Additionally, NYC 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 New York City 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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