Bronx Gun Lawyer
With gun control and firearm abuse in the news so much, police in the Bronx and all across the state of New York often take a hard stance on gun possession and other criminal offenses related to firearms. If you are facing a charge involving firearms or weapons, it is important to understand your rights and how to protect them.
An experienced Bronx gun lawyer who knows how gun laws are prosecuted locally could provide advice on how to approach your charges. Work with a qualified defense attorney that could vigorously defend your interests in pursuit of the best possible outcome in your case.
Common Gun-Related Charges in the Bronx
With gun laws becoming increasingly complicated, the number of potential gun-related offenses is on the rise. Some of the more common charges include:
- Illegally owning or carrying a concealed weapon (New York Penal Law §400.00)
- Sale of an illegal firearm (NY PL §265.11-265.13)
- Purchase of an illegal firearm (NY PL §265.17)
- Firing a weapon in public (NY PL §265.35)
- Possessing a firearm on school grounds (NY PL §265.01-a)
All of these actions are illegal under New York Penal Law and carry with them varying penalties and consequences depending on their individual severity in the eyes of the law.
Under New York Penal Law §265.01-b, illegal possession of a gun can be charged as a felony offense. Anyone found in possession of an unlicensed or unregistered firearm can be sentenced to up to four years in prison, even for a first offense. It should be noted that penalties increase if the firearm is loaded and that a gun being licensed in another state does not make it legal in New York. A lawyer in the Bronx could help someone facing gun charges build a defense for their specific charges.
What Laws Regulate the Legal Purchase and Possession of Guns?
To legally own a gun, a person must obtain a license, regardless of the type of firearm they wish to possess. In addition, all people must obtain a permit to purchase a specific type of firearm. There also is a size limit of five-round magazines for long guns and ten round magazines for handguns. People who violate these laws may face charges of illegal firearm possession. A Bronx attorney could help someone prepare for the legal charges if they have been accused of violating any of these gun laws.
Who May Never Possess a Firearm in the Bronx?
Even if a person follows the rules concerning proper firearm ownership, they may still violate the law because of their criminal record. State and federal laws prohibit convicted felons from possessing either guns or ammunition. People may also lose their rights to gun ownership if they are facing other criminal charges. Courts in the state have the right to revoke a gun ownership license and seize weapons when a person faces allegations of “serious offenses”. These typically involve alleged violence against others or the threat of violence. A Bronx lawyer could provide more information about who may never legally possess a firearm.
How Can the Use of a Firearm Impact a Criminal Case?
A firearm is a deadly weapon. Even if a person does not fire a weapon during a supposed criminal event, the presence of that weapon makes the situation much more serious. A common example is an assault. Threatening to harm another person is against the law but this crime alone is usually a misdemeanor. However, simply having a gun on one’s person during this alleged incident makes this crime a felony. A conviction in this situation carries a minimum prison sentence of two years. A Bronx lawyer could help people facing enhanced charges because of the apparent presence of a gun at the scene of an incident.
The Meaning of Possession Under New York Penal Law
Most people tend to think of possession as a straightforward term: holding an item puts it in your possession. In legal terms, however, an individual can be considered in possession of something even if they are not holding it, touching it, or even in close proximity to it.
If an object is in a location that is under the control of a person, the law considers that positioning to be representative of that person’s ability to use that item, and therefore considers the item to be in constructive possession of that person. It is important to note that several people can be in constructive possession of the same weapon at the same time. A Bronx weapons defense lawyer could try to contest the elements of possession in a firearm-related criminal case.
Speak with a Bronx Gun Attorney
If you are under investigation or facing arrest for a firearm offense, there are certain steps you can take to protect your rights. Be aware that the things you say may be taken out of context and used against you if the prosecution believes it to be relevant to your case.
Consult a Bronx gun lawyer before making any statements to law enforcement officials or – if possible – before allowing a search of your home or vehicle. An attorney with experience in the tricky area of firearms violations may be able to help you avoid costly mistakes in the pre-trial period. If your case advances to court, our team could advocate on your behalf throughout the entire process.