New York Illegal Possession of a Firearm Attorneys
Illegally possessing a gun, rifle, assault weapon or other firearm in the state of New York can lead to serious criminal charges. Serious criminal charges can typically carry significant fines or lengthy prison sentences. While understanding the gun laws in the state of New York can help you avoid facing serious criminal penalties, mistakes can still occur.
If you are already facing criminal charges due to the illegal possession of a handgun, rifle or other firearm your freedom could be at stake. In situations where the stakes are high and you are facing serious criminal consequences, don’t go it alone and gamble with the life you have come to know and enjoy. Rely on the experience of aggressive and strategic criminal attorneys who will fight for you. At Sullivan & Galleshaw our attorneys have spent more than 15 years protecting the rights of those accused of crimes. To discuss your criminal concerns with an experienced lawyer call (800) 730-0135.
Carrying nearly all weapons is illegal in New York unless an exception applies
Under § 265.01 of the New York Penal Code titled Criminal Possession of a Weapon in the Fourth Degree, nearly all weapons are made illegal to possess unless there is a valid exception to the prohibition. Under the law it is a 4th degree crime to possess firearms and other weapons including:
- Electric stun guns
- Imitation pistols
- Dart guns
- Electronic dart guns
- Antique guns
- Bullets containing explosive substances designed to detonate upon impact
- Armor piercing rounds
- Black powder shotguns
The foregoing captures only a selection of the weapons and firearms listed in the statute. Also included in the weapons ban are ninja stars, cane swords,
What do you need to do to legally possess a firearm in New York?
In general, individuals in New York must obtain and possess a permit that will authorize them to possess a weapon or to carry a concealed firearm. Consulting with an experienced criminal attorney can help you understand the type of permit that would be suitable for your needs. Types of licenses include:
- Premises license – This license authorizes the possession of a handgun only at the address that is listed on the license. Typically this address is a place of residence or business. This is a restricted license and is non-transferable without written approval of the licensing officer
- Limited carry business license – Only the named licensee may carry a weapon on the premises listed. At all other times the firearm must be locked and safeguarded. This is a restricted license.
- Special carry license – When the licensee possesses a valid basic county license as per section 400 of the New York Penal Code, this license is valid for the business and handguns listed on the license. The special license is dependent upon keeping the basic license in good standing. Surrender or revocation of the basic license will result in the special carry license becoming invalid.
- Carry guard license – This license type is intended for security guards, drivers of armored vehicles and others who would require a firearm due to their occupation. This license permits the individual to carry the handgun listed on the license while the licensee is in transit to or from work or when he or she is actively engaged in job duties. At all other times the handgun must be stored unloaded in a locked box at the licensee’s home.
To be clear, under New York law there are permits available that will allow an individual to carry a concealed weapon. However there are certain places where the possession of a concealed weapon is prohibited even though you are authorized to carry a concealed weapon. These locations include:
- State and federal Court houses
- Home rule of certain cities and counties permit the prohibition of carrying firearms
- When on school grounds
Failure to obtain a license appropriate for your use case is likely to result in severe criminal charges that can put your very freedom in jeopardy. Likewise, the failure to understand the limitations and exceptions to your license will also increase the likelihood that you will face serious criminal charges.
Charged with a weapons crime? Rely on our experienced criminal defense lawyers.
The criminal defense attorneys of Sullivan & Galleshaw are dedicated to protecting the rights of the accused. We work diligently and strategically to protect your rights and reduce or eliminate the charges and potential consequences you face. To schedule a free consultation with a New York illegal possession of firearms defense attorney, call (800) 730-0135 or contact us online.