Firearm offenses in New York are serious, as the state treats firearm and weapon cases the same as violent assault and robbery offenses. If you have been charged with a New York firearm-related crime, a conviction can have a substantially negative impact on your life.
New York’s Perspective on Firearm Ownership While the Second Amendment might seem broad in scope, New York takes the perspective that unless a person specifically has a license in the state, possessing a firearm is against the law. If you are charged with any offense and found to be carrying a firearm, law enforcement will take the matter seriously and prosecute you accordingly.
Hunting Laws in New York Hunting in New York is permitted, provided that a person has the appropriate permits. If you are found to be hunting in New York without a proper permit by law enforcement, the odds are great that you will face substantial firearm charges.
Transporting Firearms Across New York State Lines It is against the law for a person to carry, possess, or transport any firearms across New York state lines. This means that if your firearm is legal in your home state but against the law in New York, you can still face various charges in caught by law enforcement.
Felony Firearm Charges in New York Anyone with a firearm who spends a night or two in New York while traveling from another state can be charged with a felony firearm offense. If you have a loaded firearm in your vehicle, hotel, or the residence of a friend, you may be charged with a class C violent felony, which carries serious penalties. If the weapon is not loaded, the offense is classified as a class E felony of criminal possession of a firearm. A firearm will be considered “loaded” even if the ammunition and bullets are next to the firearm rather than loaded into the weapon.
Transporting Ammunition and Firearms in New York A person in New York cannot have ammunition or cartridges in a firearm or even in the same carrying case. Instead, ammunition must be kept in a separate container and the firearm should be properly confined. If a firearm is accessible and capable of being loaded, its owner can face a class C violent felony, provided that the individual does not have a New York license.
Speak with a Defense Attorney Today While firearm charges can have serious consequences, it can help to speak with a knowledgeable defense lawyer. At Nave Law, we will remain committed to fighting for the results. Contact our Syracuse, Utica or Albany offices today.