Welcome to the blog! Today, we wanted to go over a question about some serious charges that can be brought in New York, weapons charges, and what you need to do to protect yourself if facing these charges.
In order to get started, we should answer the question asked up top:
What Weapons Are Illegal in NY?
While the 2nd amendment provides Americans the right to own a firearm, that right can be restricted. The following weapons and accessories can potentially lead to serious criminal charges. They are, according to NY Penal Law §265.00:
- Armor-Piercing Ammunition
- Ballistic Knives
- Billy Clubs
- Brass Knuckles (Metal or Plastic)
- Cane Swords
- Chuka Sticks
- Dart Guns
- Gravity Knives
- Imitation or Replica Weapons
- Kung Fu Stars
- Machine Guns
- Metal Knuckle Knives
- Stun Guns
People also find themselves in trouble with the law if they lie or make false statements on their application to get a license. Possessing a firearm without a license is a crime. There have been circumstances where utility knives and pocket knives have been considered weapons and led to arrests in New York. If you ever are facing a weapons charge, it is wise to contact a top criminal defense attorney who has experience in weapons charges defense and who will steadfastly defend your rights.
Gun Violations in NY State
In addition to possession charges, there are other charges for gun crimes in New York state. You can't, for example, lend a friend your firearm, conceal carry without a permit strictly for it, or possess a firearm that's legal under federal law but banned in NY. Additionally, there are charges for selling and distributing firearms, armed robbery, and weapon theft. These tend to be more straightforward.
Several factors can increase the severity of the charges, called aggravating factors. Some examples could include if you have a criminal record, possessing an unlicensed firearm (especially if loaded), trafficking illegal firearms, etc. New York's gun laws make it imperative you have an experienced gun rights defense attorney like Dan DuBois on your side.
You can also be charged if someone in your home possesses an illegitimate firearm that you knew about. We would call this “constructive possession of a firearm”. The adjective “constructive” is used when the crime does not fit the text of the law. The gun may not be yours, but you knew about it and did not report it and could face charges as a result.
DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS, AND THE OUTCOME OF YOUR PARTICULAR CASE OR MATTER CANNOT BE PREDICTED USING A LAWYER'S OR LAW FIRM'S PAST RESULTS. EACH CASE IS UNIQUE AND SHOULD BE EVALUATED THROUGH A PHONE CALL OR MEETING WITH DANIEL DUBOIS, WITHOUT COMPARISON TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES
Contact an Experienced Criminal Defense Attorney in NY
Facing any charge is a stressful endeavor, which is why you should contact an experienced Buffalo, NY attorney as soon as possible when you are charged. Choosing the right lawyer could be the difference between a life-altering felony charge and a better outcome. Here at DuBois Law, we understand, we never judge. We'll take your issue to heart and defend your rights for your best outcome.
This blog does not publish legal advice. We are here to disseminate available information to bring about a more informed public. If you need legal advice, please call us or fill out an online contact form.
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Remember, here at DuBois Law, we understand, we never judge. Give us a call today at (888)-NTGULTY [(888)-684-8589] or fill out our contact form for a FREE first consultation.