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Criminal Possession of a Firearm: N.Y. Penal Law 265.01-b(1)
New York is recognized for having some of the strictest weapon possession laws in the United States, partly due to a new law enacted in 2006 that heightened the penalties for gun possession. The most common firearms charge in New York is Criminal Possession of a Weapon in the Second Degree, involving the alleged possession of a firearm.
Factors that will determine the exact firearms charge include:
Permit Requirement
In New York, a permit is required to own or carry a handgun. In the state of New York, other counties and the City of New York have their own specific regulations. In order to legally possess a handgun in New York, you must apply for and be granted a handgun license. This process requires background checks, fingerprinting, and in in-depth review process.
Types of Licenses:
Premises License
For possession of a handgun at a specific location, such as your home.
Carry License
Allows carrying a handgun outside the home or business. This license generally requires that you can prove a special need for self-defense making it harder to obtain.
Examples of Weapon Possession in New York City
Section 265 of the New York State Penal Code defines the different levels of “charge” of criminal possession. If a weapon is considered to be in your dominion and control, you are in possession. However, prosecutors often charge what is called “presumptive possession” in which individuals in a vehicle are all arrested for possession where a gun is found on a seat in the back of the car.
However, it must be mentioned that the standard in all criminal cases is the same – “beyond a reasonable doubt.” Being arrested for gun possession can have a very serious impact on all aspects of your life, and it is crucial to hire an aggressive attorney who is not afraid to vigorously defend your rights.
Weapon Possession Defenses
A defense to a charge of criminal possession of a weapon in the second degree based on possessing a loaded weapon is that the loaded firearm was in your home or business.
If a firearm is discovered in your car during a traffic stop, the traffic stop in question must have been lawful, which means police must have probable cause to stop you.
Weapons Possession Sentence
Criminal possession of a weapon in the second degree is a class C felony. If convicted, a judge can sentence you up to 15 years in prison. In addition, because weapons possession is classified as a violent felony offense, the minimum prison sentence is 3 1/2 years. There is no option for a judge to sentence you to just probation. You will be required to pay mandatory fees and may be required to pay a fine.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.