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Folks may find themselves in trouble with the government for possessing a weapon they are not legally authorized to possess or making false statements on an application to get a gun license. While the Second Amendment makes it a citizen's right to possess a firearm, that right can be restricted. Those who wish to possess firearms must carry the proper license to do so. Possessing a gun without a carry permit is a crime. The following are the basics of gun charges in New York and what you can do to fight them.
Types of Gun Violations in New York State
New York state has strict laws when it comes to the possession of a firearm. Individuals who are mostly law-abiding citizens can find themselves in hot water for lending their firearm to another person, concealing their firearm without a concealed carry permit, or possessing a firearm that may be legal under federal law but banned in New York. New York's convoluted gun laws make it an uphill battle for those facing weapons charges.
In addition, some weapons-related charges are quite straightforward; these include trafficking or selling weapons without a permit, armed robbery, or the theft of a weapon.
Aggravating Factors in Gun Violations
New York state makes it a misdemeanor to possess an unlicensed weapon. However, those who have prior criminal records face more severe consequences than those who do not. If the individual is found with the gun loaded, that can trigger more severe sentencing guidelines.
In addition to New York state's strict guidelines concerning gun laws, the federal government aggressively prosecutes illegal trafficking of guns and has recently taken a more active role in prosecuting street crime in major cities. A defendant can be charged with being a habitual criminal in possession of a weapon or making false or misleading statements on their federal application to legally carry a gun.
Lastly, felons who are found in possession of a weapon can face enhanced sentencing under New York state law. It is absolutely imperative to have a skilled Buffalo, NY weapons violation attorney defend you from the government.
Constructive Possession of a Firearm
In terms of the law, we put the adjective “constructive” before crimes when the crime does not fit the text of the law. For example, if there are four people in a car and the police officer finds drugs, all four people will be charged with possession if none of them take the blame and say it was theirs alone.
The same can be true of a gun possession charge. If the weapon was in your car or your home and you knew about it, you can be charged with possession and potentially face serious consequences even if the gun is not technically yours.
Talk to a Buffalo, NY Criminal Defense Attorney
If you are facing weapons charges in Buffalo, NY, call experienced criminal defense attorney Daniel J. Dubois. Esquire to schedule an initial consultation and discuss the circumstances surrounding your case in greater detail.
