Gun-Free Zones in New York City

Any crime involving a firearm is a serious matter. That said, carrying or using a weapon in certain restricted areas can lead to criminal consequences that are more serious than usual. These gun-free zones are strictly regulated in New York City, but you have the right to a vigorous defense if you have been charged with violating the law.

Gun offenses are taken seriously in New York. Firearms are often used in the commission of other crimes and can create an atmosphere of fear and danger in the community. That is why there are gun-free zones in New York. By prohibiting firearms in certain zones, the state can ensure the safety of its residents, which is why possession of firearms in gun zones is prosecuted seriously. If you have been charged with a gun offense while in a gun-free zone, speak with a qualified gun attorney that could advocate for you.

Examples of Designated Gun-Free Zones

Some of these zones exist under state law, while others are a function of New York City regulations. What matters most is being aware of these controlled areas and complying with the law involving firearms.

There are certain areas that have been explicitly designated as gun-free zones. These areas include:

• Schools
• Certain places of worship
• Government buildings
• Courthouses
• City Hall

The idea behind the gun-free zones in New York is that there is basically zero-tolerance. Even if a person has a permit or a license to carry, these are places that there is just no good reason to have a gun there, and the potential for damage done by a firearm is so great, that someone’s right to carry is abrogated by the need to prevent guns from being used at those locations.

Penalties for Unlawful Possession of a Firearm in a Gun-Free Zone

Unlawful possession of a firearm in a gun-free zone is an aggravating factor that can cause what is called a bump-up. If a person is normally charged with a crime that is a D-felony and there is an aggravating bump-up factor, that D-felony can become a C–felony, which carries harsher penalties and moves the mandatory minimum up, this behavior is considered especially egregious.

Ordinarily, unlawful gun possession may be charged as a Class D or Class E felony. These charges carry substantial prison time and fines on their own, but prosecutors can pursue elevated charges when a weapon offense occurs in a gun-free zone. Sometimes, this can raise the offense to a Class C felony.

The bump-up effect can also have a dramatic impact on sentencing. A charge that might otherwise have been resolved with probation or a short prison term can quickly result in a mandatory prison sentence in these cases. It is also common for prosecutors to aggressively pursue a conviction in these cases, especially when the location in question is a school zone or government building.

The difference between a lower-level felony and an enhanced charge can mean years of additional imprisonment. Thankfully, you have the right to seek help from a dedicated defense attorney who can evaluate all of the evidence against you before building the strongest possible defense.

How an Attorney Can Help in Gun-Free Zone Cases

Facing a gun charge in a designated gun-free zone carries unique risks. The good news is that you are entitled to a vigorous defense if you have been charged with carrying a weapon in an unauthorized area. With the right legal support, you may be able to beat these charges and protect your right to own a firearm. An experienced attorney can support you in the following ways.

Challenging the Evidence

Your attorney can carefully evaluate the state’s evidence in your case, including the proof that you were armed with a weapon in a gun-free zone. If the state obtained this evidence illegally, your attorney can file something known as a motion to suppress. These motions can bar the state from using illegally obtained evidence against you at trial.

Disputing the Gun-Free Zone Designation

Not every location clearly qualifies as a gun-free zone. A defense attorney can investigate whether the property meets the legal definition or if the bump-up in your case was inappropriate.

Negotiating with Prosecutors

You may have options even in cases where the evidence against you is enough to secure a conviction. Your attorney’s help may secure a plea to a lower offense, giving you the chance to avoid the steepest penalties.

Presenting Mitigating Factors

An attorney can highlight positive aspects of your background, like your lack of prior convictions or community ties, to persuade judges and prosecutors to consider alternatives to harsh penalties.

Protecting Constitutional Rights

Gun cases often raise constitutional questions. Your attorney can argue that your constitutional rights were violated, which can have an effect on the strength of the state’s case against you. The most common example of this is an unlawful search or seizure of your property.

Advantages of Working with an Experienced New York Gun Lawyer

The main advantage to working with an experienced gun lawyer would be their ability to help you negotiate a deal. Most of those cases end in some sort of plea deal. Some do go to trial, but that is certainly not the norm. An aggressive attorney working on one of these cases will be able to find more mitigating factors than a passive attorney or somebody who is overworked or overburdened. If you want to know more about gun-free zones in New York and how you can avoid committing gun offenses, speak with a skilled gun lawyer that could answer your questions.