However, if you have a permit to possess the firearm, then you likely wont be charged unless you are a convicted felon. You possess a bullet designed to detonate on impact. However, an attorney would still be beneficial to have when you go to court so that you understand the charges and the sentence that youre given and so that you have someone who can advise you as to whether you should accept a plea by the prosecution or go to trial. Refreshed: 2018-06-06 Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin. The incident also took place in the hotel parking lot in the . Their in hologram watching with name and go character insidious towards the success up in behind quickly thought. So the traveler, maybe hes in Texas or California or just about any state, he goes to the airport, shows them the box with the handgun and declares the handgun, and theres no problem whatsoever. Some of the firearm specific crimes in New York include: Criminal Possession of a Weapon in the Fourth Degree: New York Penal Law 265.01 Weapon Crimes: Penal Law Article 265 Relevant Evidence There is absolutely no guarantee that if you are convicted of a crime not listed here that you won't have any immigration consequences. In addition to New Yorks strict firearms laws, the state has a series of laws regarding, manufacturing, transporting and disposing of firearms and firearms parts like a bump stock, large capacity ammunition feeding device or firearm silencer. These affiliated lawyers, Local Counsel, may assist the firm on a case by case basis. A conviction can also come with a probation term of five years and a monetary fine of up to $5,000. However, the law is written and has been clarified by court cases to be a strict liability law. If the possession of an illegal firearm also involves its use during the commission of a crime, it may increase the severity of the type of criminal possession of a firearm charge. From the beginning, communication was prompt and thorough. Its vital to have the representation of a skilled criminal defense attorney who can evaluate the specific facts of your case and craft a solid defense strategy based on the circumstances. Many of the penalties that you face after being charged with this crime are the same as those that you would face if you had the gun in your possession. Bump stock allegations require a knowledgeable and experienced firearms defense lawyer, Contact Us Now For A Consultation, Bump stock, large capacity ammunition feeding device and other charges related to the manufacture, transport and disposal require a knowledgeable and experienced firearms defense lawyer, Contact Us Now For A Consultation, If you are facing firearms charges in New York, then speak to an aggressive and experienced firearms defense lawyer immediately, Contact Us Now For A Consultation, Firearms charges in New York may have serious consequences, speak to an aggressive and experienced firearms defense lawyer immediately, Contact Us Now For A Consultation, Request a Free, Confidential Consultation. A person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location pursuant to New York Penal Law 265.01-e when he or she possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location. CHARLESTON, W.Va. - Julio Hisael Almonte, 31, of the Bronx, New York, was sentenced today to one year and three months in prison, to be followed by three years of supervised release, for his role in the fraudulent purchase of new trucks from a pair of Charleston dealerships. Therefore, you should seek legal counsel before bringing any firearms into the state. All discussions about your case with one of our criminal defense attorneys are confidential. Offense: Possession with intent to distribute 50 grams or more of cocaine base; knowingly using and carrying a firearm during and in relation to, and possession of a firearm in furtherance of, a drug trafficking crime; District of South Carolina Sentence: 180 months' imprisonment; five years' supervised release (November 28, 2006) On January 5, Cage . To schedule a consultation,contact usat 1-888-DEMILIA. In New York, you are to register any firearm that you have. New York firearm possession laws are the strictest in the country. The maximum sentence is 15 years in jail. Liz jumped on the case right away; she was very thorough in explaining things to me. In New York, Unlawful Possession of a Large Capacity Ammunition Feeding Device is a class A misdemeanor with a maximum sentence of 1 year in jail. These are not sentences that can be served on probation or anything like that. If youre charged because you failed to register the firearm, then your attorney could offer defenses regarding not being aware that the gun wasnt registered at the time or that you completed the paperwork and filed it with the proper office. I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. Could it mitigate your conduct? It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Penal Law 265.01(1).The charge usually applies to first-time offenders. Covered by NYDaily News. We will always provide free access to the current law. It is important to know that the state does not need to prove that you knew it was illegal to possess the firearm. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. It was my good fortune to retain Spodek Law Group for representation for my legal needs. New York Criminal Possession of a Firearm (NY PL 265.01-b(1)) In the state of New York, you can be charged with either a misdemeanor or a felony if you have a firearm in your possession. This offense requires that you have committed a separate class C felony while at the same time has in their possession an illegal firearm or uses an object that appears to be an illegal firearm while committing the other felony. Since criminal possession of a firearm is a class E felony, the maximum jail sentence that can be imposed for a conviction is four years. increasing citizen access. In addition, a person may face probation for five years. Whether the charges are Driving While Intoxicated, Assault, Theft, Sex Offenses Weapons or Drug Possession, Andrew will provide a skilled and vigorous defense. We both can't thank him enough for saving our lives and our families! Other crimes related to firearms are Criminal Possession of a Firearm, Penal Law 265.01-b (1), when the gun, revolver or pistol in question is unloaded. (718) 793-5700 It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. Millions of people pass through the airports in New York City and most of them are familiar with New Yorks strict firearm laws, but inevitably, there are going to be a few people who simply misunderstand the law and very innocently try to declare and check in their lawfully owned handgun. BLOG: Rockstar and lead singer of Cage the Elephant Arrested and charged with two counts of Criminal Possession of a firearm. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. These laws may range from lower level misdemeanors to high-level violent felonies. increasing citizen access. All rights reserved. unfinished frames or receivers. When you get to the airport, you just go to the counter and tell them that you have a handgun and you want to declare it. A man came into possession of a loaded gun . 265.07 Registration and serialization of firearms, rifles, shotguns, finished frames or receivers, and. New York has some of the most restrictive gun laws in the U.S. we provide special support Possession of ammunition or a loaded weapon may increase the severity of the type of criminal possession of a firearm charge. Make no mistake. An individual who has a reasonable belief that such device is of such a character that it may lawfully be possessed and who surrenders or lawfully disposes of such device within 30 days of being notified by law enforcement or county licensing officials that such possession is unlawful shall not be guilty of this offense. https://www.nysenate.gov/legislation/laws/PEN/265.01 Criminal possession of a firearm is an offense that could result in you spending time in prison. Loaded handguns are extremely serious charges and are classified as violent felony offenses. There are new laws that have recently been passed in the state that could result in what would have been considered a misdemeanor now being charged as a felony. More than likely, possession of these illegal items will be added as additional charges along with the illegal possession of a firearm. Much like the criminal possession of a weapon in New York, the criminal use of a firearm is a violent felony subject to harsh mandatory minimum sentencing laws. There may also be additional fines imposed. For example, the following factors may be used to elevate the charges to something more significant. The manufacture, transport or disposal of a bump stock or rapid-fire modification device is a class E felony. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. You are a person that the state has deemed not suitable to possess a rifle or shotgun, AND you refuse to yield them to police upon their demand. Another related offense to the possession of an illegal firearm is the offense of not properly storing a firearm. If so, what do I have to do? The airline or the TSA is very careful to give them the answer. Assault weapon means a semiautomatic rifle or shotgun that can accept a detachable magazine and has at least 1 of the many characteristics under Penal Law Section 265.00(22), such as a folding telescoping stock or second handgrip that can be held by the non-trigger hand. This offense is defined under New York Penal Code Section 265.08. Under New York Penal Code 265.01-b, a person can be found guilty of criminal possession of a firearm if (1) they possess any firearm or (2) they lawfully possess a firearm and fail to register it. Thats all there is to it. It is not possible to possess a handgun in New York without a license issued by the state of New York with a few very, very rare exceptions and the penalties are extremely serious. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. We are still married and got our ways straightened away. 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