Illegal Firearm Modification in New York City
New York has some of the strictest gun laws in the nation and this includes the modification of firearms. In places where certain recreational activities are permitted such as hunting and target shooting, some modifications can be legally done. This includes certain types of barrel modifications that could be added such as a silencer.
To learn more about illegal firearm modification in New York City, reach out to a seasoned gun lawyer today.
Illegal Firearm Modification Laws
In New York, the penal law special specifically lists things that cannot be done with a gun. Recently, a bump stock ban was passed in New York. A bump stock is a modification on the stock that helps significantly reduce the recoil for semi-automatic weapons. High capacity magazines are also illegal. Some types of barrel augmentations are considered illegal based on the nature of their purpose.
Some semi-automatic weapons can be modified to become automatic weapons that makes them illegal in New York. For an individual to avoid with being charged with illegal firearm modification in New York, it is important to review the law and make sure that they are not doing something illegal.
Common Firearm Modification Examples
Silencers are one of the most common types of firearm modifications, which reduce the amount of noise a gun makes. Suppressors reduce the flash of light a gun makes when it goes off. A high capacity feeder allows for the magazine that goes into the gun to hold significantly more ammunition than the typical magazine for that type of weapon would.
Penalties for Illegal Firearm Modification
The penalties for an illegal firearm modification in New York conviction depend on the modification and how serious the New York State legislature has determined it to be. There is no specific charge for violating a blanket state code prohibiting firearms modifications. There are certain provisions of the penal law which prohibit bump stocks, some types of sights, modifying a rifle to fire in an automatic fashion, and high capacity magazines.
When a person modifies their firearm in a way that is illegal, it makes the possession of the weapon illegal, which makes that person in violation of the criminal possession of a weapon statute and subject to the penalties attached to that section of the Penal Law. A person who violates the law with an illegal firearm modification could be facing a felony charge, which means they may be looking at imprisonment.
Defenses for an Illegal Modification Charge in New York
The defenses against an illegal firearm modification in New York charge depends on the alleged modification and the government’s allegations that the person either knew or did not know about the modification being illegal. In New York, where firearms are illegal, most prosecutors have never handled a firearm before, therefore, they rely on someone else telling them what was done to a firearm to make it illegal.
A seasoned lawyer can determine whether what was done to the gun was illegal or not. An attorney can explain to the prosecutor in a way that everyone can agree that the modifications done to the firearm are what the law says is permissible.