Weapons Charges Attorney in Kingston, New York
The State of New York does not take any kind of weapons or firearms charges lightly. Weapons are not just guns, but ammunition, knives, knuckles, and firearms components that fall under the definition. There is a presumption under the law that states weapons and firearms found in a vehicle occupied by more than one person indicates that everyone in the vehicle has possession.
Most felony weapons and firearms charges fall under the state’s definition of a violent felony. Those convictions are never sealed, which means your record will always affect your ability to further your education, live or work where you want to, and spend time with your child under a custody agreement.
If you have been charged with some of the most serious crimes in New York, you need a knowledgeable criminal defense attorney in your corner. As a former prosecuting attorney, I put that knowledge and experience to work when defending my clients. If you live in Kingston, Hudson, Catskill, Highland, Poughkeepsie, Saugerties, or New Paltz, New York, call Melanson Law Office P.C.
What Are Common Weapons Charges in New York?
Weapons charges in New York are offenses related to the criminal possession of weapons, firearms, devices, and ammunition. Unlawful possession of the same weapons, the illegal manufacture, transport, sale, or purchase, failure to secure properly, and prohibited use of weapons or firearms.
What Constitutes the Unlawful Carrying of Weapons?
Although some weapons are prohibited in New York, others are unlawful based on who possesses a weapon or how a weapon is used. Some weapons and firearms are prohibited, and others are prohibited only if there is an intent to use a weapon. Other weapons that are prohibited from possession or use; you will need the proper license or permit.
What are New York’s Firearm Laws?
New York requires that you have a license before you can purchase and possess a shotgun or rifle, whereas a permit is required if you wish to possess a handgun.
Those eligible must be 21 years or older and cannot be a fugitive or addict, does not suffer from mental illness or lack the mental capacity to possess a firearm, was not dishonorably discharged from the military, and has not had the right to possess firearms revoked or suspended due to domestic violence charges. Those eligible must be of good moral character and must be U.S. Citizens.
Open carrying of handguns is prohibited, although open carrying of rifles and shotguns is not. New York requires a license to carry a concealed handgun.
Where Are Weapons Prohibited in New York?
Federal law prohibits weapons on any federal property or in federal buildings, except for personnel permitted to do so, such as law enforcement.
Even if you have a conceal and carry permit, you cannot do so in some places, including on school, college, and university premises, parks, airports, courthouses, mental institutions, campgrounds, and anywhere it is posted that carrying a firearm is prohibited.
What Are Unlawful Weapons in New York?
Among the firearms prohibited in New York are machine guns, short-barreled rifles, and shotguns. There is an exhaustive list of other prohibited weapons. A sample includes switchblades, pilum ballistic and metal knuckle knives, gravity knives, swords and cane swords, Billy clubs, bludgeons, maces, blackjacks, plastic, and metal knuckles, chukka sticks, wrist slingshots, and slungshots, Kung Fu, and ninja stars. You cannot possess these specific weapons, even in your home.
What Possible Penalties Do I Face if Convicted?
Offenses range from Class A misdemeanors, punishable by a fine of up to $1,000 and incarceration of up to one year in prison, to Class B felonies, punishable by up to 25 years in prison.
Weapons Charges Attorney Serving Kingston, New York
You can face a weapons charge for myriad reasons in New York, even if you own a prohibited weapon as a collector or as part of a hobby. Even if you were unaware that a weapon of your own, purchased or sold, or used was illegal, you can still pay a heavy price if convicted. Talk to a seasoned criminal defense attorney right away if you have been charged. If you have been charged with a weapons or firearm offense in Kingston, Hudson, Catskill, Highland, Poughkeepsie, Saugerties, or New Paltz, New York, call Melanson Law Office P.C. now.