Defense Attorneys for Firearms and Weapons Offenses under Complicated New York Laws
New York gun laws are some of the toughest in the country. If you are convicted of illegally possessing or carrying a firearm or other weapons offense, you can face serious prison time. In addition, if you are convicted of another crime in which a gun was used or in some way involved, the penalties you face can be enhanced considerably. New York gun laws are extensive. They can also be confusing, which may make them hard to follow and enforce properly. If you have been arrested for a weapons offense in Orange County or neighboring areas in the Hudson Valley, the criminal defense attorneys at Dupée & Monroe, P.C. can help make sure that you are treated fairly and able to exercise all available defenses.
Possession of Illegal Weapons under New York Law
Many New York penal laws make it illegal to simply possess certain types of weapons. Weapon possession crimes include Criminal Possession of a Weapon in the First to Fourth Degree, Criminal Possession of a Firearm, Criminal Possession of a Weapon on School Grounds, Unlawful Possession of Weapons by Persons Under Sixteen, and Unlawful Possession of a Weapon upon School Grounds.
Criminal Possession of a Weapon in the Fourth Degree is a Class A misdemeanor, which is just one degree below a felony and means you can be locked up for a year and fined $1,000. Under this law, it is illegal to possess any of the following without any proof of any criminal intent:
- Electronic dart gun
- Electronic stun gun
- Gravity knife
- Switchblade knife
- Pilum ballistic knife
- Metal knuckle knife
- Cane sword
- Plastic knuckles
- Metal knuckles
- Chuka stick (nunchuks)
- Sand bag
- Wrist-brace type slingshot or slungshot
- Shirken or “Kung Fu star”
Open Carry and Concealed Carry Laws
New York laws regarding when you can carry a firearm are restrictive and confusing. Before you carry a concealed weapon, make sure you have a permit to do so. Only long guns, such as hunting rifles and shotguns, may generally be open carried without a permit. You may want to check with law enforcement in your area, since local ordinances may be more restrictive than state law. Carrying a concealed handgun may be prohibited in certain places as well, such as school zones or government buildings.
Assault Weapons Banned under NY SAFE Act
In the wake of the Sandy Hook elementary school shooting, New York passed the SAFE Act, which enacted some of the most restrictive gun control legislation in the country. This law bans unregistered assault weapons, requires universal background checks on gun purchases, and increases penalties for violations of the state’s gun laws.
Get Help with Weapons Offenses from Experienced New York Criminal Defense Lawyers
If you are arrested for a firearms offense or some other crime to which a weapons charge has been added, make sure you contact an experienced New York criminal defense attorney who will provide you with a strong, effective defense of the charges against you. In Orange County, contact Dupée & Monroe, P.C.