The Constitution of the United States provides several vital amendments that guarantee certain rights and legal protections to American citizens. One of the most crucial amendments is the second, which guarantees the right to keep and bear arms. While law-abiding American citizens generally have the right to purchase and possess firearms, each state has different laws pertaining to firearms. New York upholds some of the strictest gun laws in the country, and every citizen of New York City must understand these laws.
If you violate any of the firearm laws in New York City, you could face severe criminal penalties. New York prosecutors tend to pursue convictions in weapons-related criminal cases quite aggressively, and even a seemingly minor violation of New York’s gun laws can have severe consequences.
Potential Penalties for Violating New York Firearm Laws
If you are charged with any violation of New York’s firearm or handgun laws, you could face severe criminal penalties. New York state prosecutors seek convictions aggressively in these cases and will likely use all evidence they can find against you. Additionally, suppose you used or possessed a firearm while committing another crime. In that case, you will face penalties for that offense and increased sentencing due to the aggravating factor of weapon possession.
For example, if you are charged with simple assault in New York City, you could face a penalty of a misdemeanor conviction carrying a potential sentence of up to one year in jail. However, if you possessed a firearm while committing the assault, your potential sentence can escalate to felony status and incur a penalty of up to 25 years in prison. In New York, using a firearm in committing a violent crime significantly increases the resulting penalty.
Even illegal possession of a firearm in New York City qualifies for felony prosecution, which carries a sentence of up to four years in prison and a fine of $5,000. So ultimately, it is never worth risking violation of New York’s firearm laws.
FAQs
The team at the Law Offices of Robert Tsigler, PLLC, routinely defends clients accused of breaking New York City’s gun laws. We understand the severe penalties that can come into play in these cases and the concerns our clients and prospective clients often have in these situations. The following are some of the most frequently asked questions we hear regarding New York City’s gun laws. Review these questions and our provided answers to learn more about firearm and handgun laws in New York City.
Q: What Are New York City’s Current Gun Laws?
A: New York is perceived to uphold some of the strictest gun laws in the United States. It is legal to purchase long guns such as rifles and shotguns, but there are registration requirements and limitations on magazine capacity, ammunition storage, and the types of ammunition that are legal to possess.
Q: Are There Special Rules for Handguns in New York?
A: When it comes to handguns, New York laws are even more stringent due to the relative ease with which handguns can be concealed. While there is no law explicitly outlawing open carry of handguns in New York, it is illegal to carry a concealed handgun without a New York pistol license, equivalent to the concealed carry permits issued in other states.
Q: Are Handguns Required to Be Registered in New York?
A: The short answer is yes; every handgun owned in New York must be registered. To purchase a handgun in New York, the buyer must obtain a firearm purchase permit, submit to a background check, and register the firearm. In addition, it is illegal to privately purchase or sell a handgun in New York. All such transactions must occur through a state-licensed firearms dealer.
Q: How Much Ammo Can You Legally Own in New York City?
A: Currently, there are no specific laws regarding the amount of ammunition you may legally possess in New York. However, proposed bills under consideration would dramatically limit the amount of ammunition anyone can purchase within a short time.
These answers should hopefully help you understand the firearm laws of New York City a bit more clearly. However, in the event you or a loved one is charged with any firearms offense or another offense with an additional charge for a weapons violation, it is essential to consult a defense attorney as soon as possible.
How Can a Defense Attorney Help in a Weapons Case?
The attorneys at the Law Offices of Robert Tsigler, PLLC, have extensive experience representing clients charged with violating New York’s firearms laws. We understand the stress and uncertainty that follow an arrest on a weapons charge, and our goal is to help our client approach their case confidently.
Every American citizen has the right to legal counsel when accused of a crime. It is essential to exercise this right no matter what type of criminal charge you face, even if you know you are innocent. Police tend to pursue convictions; they are not typically incentivized to help suspects clear themselves of charges. Therefore, if you are arrested for any firearms charge in New York City, you need to contact an experienced criminal defense attorney as soon as possible.
You can rely on your defense attorney to provide several valuable legal services as your case unfolds. First, they will ascertain the legality of your arrest and ensure the police followed the laws of due process in handling your arrest and booking. Next, your legal team will evaluate the strength of the prosecution’s case against you, determining any vulnerabilities that may work in your favor. Finally, you can rely on your defense attorney to guide you through each stage of your criminal case. They will help you gather any evidence that may help you prove your innocence in the case of wrongful charges or determine your best available options for mitigating your sentence.
If you need guidance and support from an experienced criminal defense attorney for firearms charges in New York City, we can help. Contact the Law Offices of Robert Tsigler, PLLC, today to learn more about the legal services we can provide to you in this challenging situation.
