Unlawful Possession of a Firearm in New York City
If someone is charged with the unlawful possession of a firearm in New York City, they can expect to be arrested and likely indicted. Depending on where the individual was at the time of their arrest, bail could be set as if it is a gun case. An experienced gun possession attorney could help the accused prepare for the severity of the case and the prosecution in your case.
What is the Legal Definition of Possession?
Possession is a term that applies to more than holding a firearm on their person. If the cops can link a particular location to a person and show that they are the individual who exercised dominion and control over the location where a firearm is found, then they can potentially have the person convicted of possession of a weapon.
Defining Unlawful Possession Offenses
Some gun owners are not aware that their permit does not allow them to bring their weapons into the city, so those people might be convicted of some sort of weapons offense without knowing it.
Generally speaking, individuals get convicted of illegally possessing guns when the NYPD catches them in either actual or constructive possession of a firearm.
In New York City, finding a gun on the individual’s person or in their automobile could be considered unlawful possession of a firearm. The individual could face the associated consequences if they are deemed to be in enough control that possession can be attributed to them.
What is a Firearm Under New York Law?
There are different definitions for the term “firearm” under New York Law. This is due to the fact that certain regulations treat assault weapons differently than other weapons. The New York City Charter has a broad definition of the word that lines up with how the state describes the term. This includes any weapon like rifles, shotguns, handguns, machine guns or assault weapons. The New York City Administrative Code defines the term more narrowly to apply to pistols, revolvers, short-barrel shotguns and certain rifles.
When it comes to this criminal offense, only certain weapons apply. The possession of any handgun or assault rifle could result in legal consequences if it is not property licensed. There are some exceptions that apply to antiques and replicas, including historic weapons that are not capable of firing.
The Registration Process
Understanding the process of registering a weapon is helpful to anyone charged with this offense. In New York City, licenses and permits for firearms are handled by the New York Police Department License Division.
Since 2018, NYPD has only accepted applications online, and there is no option to apply in person or through a paper application. Anyone seeking a license for a handgun or a permit for rifles or shotguns must access the Permitting & Licensing Portal.
Penalties for a Conviction
In New York City, the unlawful possession of a firearm is considered a Class E felony. While this might be the lowest level of felony offense, a conviction can have a dramatic impact on a person’s life and freedom. For most people, the biggest concern with being convicted of this offense is the potential for incarceration. A guilty verdict could lead to between 18 months and four years in state prison. Once that sentence is completed, there could be up to three years of post-release supervision.
Judges in these cases have some flexibility when it comes to sentencing. They have the power to break up the term into intermittent imprisonment or offer probation in exchange for less time behind bars. The court also has the power to order up to 10 years of probation instead of a jail term if they believe confinement is unnecessary to protect the public.
What’s more, a conviction can bring a fine of $5,000. In addition to the penalties written into statute, there are also collateral consequences to consider. A felony conviction can cost a person their right to own a firearm or vote in elections. Having a criminal record can also make it difficult to find employment or adequate housing.
Defense Strategies for Unlawful Gun Possession
Like with any criminal offense, there is an opportunity to fight back against a conviction for unlawfully possessing a gun in New York City. For the prosecution to secure a conviction, they must not only show that a weapon was unregistered, but also that the accused had it in their possession.
One of the most common ways to approach these cases is by disputing that the firearm was in a person’s possession to begin with. A defendant might argue that someone else owned the gun, or that it was not actually a firearm at all. Criminal charges can stem from the police believing a toy or prop is a working firearm. The same is true for antique weapons that are excluded from this requirement.
Discuss Unlawful Possession of a Firearm Charges with a New York City Attorney
Unlawful possession of a firearm in New York is a felony offense. Someone could face probation or jail time if convicted. Occasionally, a person can get into a program in lieu of jail time to try and straighten their life out. If someone faces their first offense for unlawful possession, prosecutors may be more lenient and allow them to enroll in a life skills program to help reduce recidivism.
If a person is caught with a gun and is convicted, the penalties tend to be harsh, especially if they are in a borough that is associated with heightened gun violence. Judges tend to view these cases seriously and one can expect not only incarceration but also a stigma when they get out that will make it difficult to get a job or to continue or go back to school or to do a lot of the day-to-day things that most people take for granted.
These endeavors become difficult for someone with a felony, especially a violent felony on their record. Therefore, it could be critical to speak with an attorney regarding the charges against you.