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As a general rule, individuals are allowed to possess guns per the Second Amendment to the Constitution. However, there are scenarios in which a person is not allowed to own a weapon or allowed to be in possession of certain types of weapons. Let’s look at what the law has to say about your right to possess a gun and how an attorney can help with a gun possession charge.
Under the SAFE Act, New York residents are not allowed to own assault weapons except for those that they had before the ban went into effect. Furthermore, those in New York City will need to show that there is a need to carry a concealed weapon prior to obtaining a permit to do so. Other restrictions may apply in a gun possession case, and your attorney can advise you of your rights as the legal process unfolds.
If you plan to travel in New York City with your gun, make sure that it is not loaded. Otherwise, you could be charged with violating gun laws in Brooklyn and throughout New York City. If you have a permit for the weapon that was not issued in New York City, it may not be valid within the city itself. However, your attorney may use the Firearm Owners Protection Act (FOPA) as a defense to any charge you may face.
Even if you have a right to own a weapon, you don’t have the right to use it to break the law. This is true whether or not the gun was used to commit the crime in question. For example, pointing a gun at a driver prior to taking his or her vehicle could result in an extra charge. A gun possession charge could also be added in cases where the gun wasn’t removed from a holster or otherwise used to threaten a person. An attorney may be able to argue that you didn’t know that you had the gun or that there was no intent to use it to commit a crime.
There are many possible penalties that a person could face for a gun possession conviction. The severity of a sentence depends primarily on whether the charge is a misdemeanor or a felony. If the charge is a misdemeanor, you could face up to a year in prison and a fine of $1,000. If the charge is a felony, you could face up to four years in prison and a fine of up to $5,000. Other penalties may include probation or community service.
It is important that you talk with an attorney prior to making any statements to the police or other authorities. Legal counsel will advise you as to what to tell an officer or anyone else who asks for details in the case. If a question is out of line or could lead to self-incrimination, your attorney will be able to point that out. This can prevent you from acting against your best interests and potentially damaging your chances of obtaining a favorable outcome in your case.
As far as gun laws go, New York has some of the toughest in the nation. As a borough, Brooklyn is known for vigorously prosecuting anyone accused of a gun possession violation. If you find that you have been accused of this crime, you will want to take it seriously as the punishment can be severe if convicted. Because of this, you do not want to trust your case to just any lawyer or public defender. You need a professional and experienced Brooklyn gun possession lawyer on your side from the beginning.
In the state of New York, any person who carries a gun is required to properly register it with the state government. In many cases, a gun owner must also update the information on the gun as well. This includes such data as the serial and model number on each gun in question. Failing to register a gun properly can result in a charge of class E felony, the penalty for which is up to four years in jail if convicted. This is a lot to deal with, so retaining a Brooklyn gun possession lawyer is in the best interest of any person who is accused of such a crime.
New York has strict laws in place prohibiting any type of gun on school grounds, no matter if you have a license or not. If you are found to be in possession of a gun on the grounds of any facility designed to be used for educational purposes, you may be charged with an automatic felony charge. This includes schools, universities, colleges, and school buses. Again, the penalty for this charge is a maximum of four years in prison if convicted.
People under the age of 16 are generally not permitted to be in possession of a gun in the state of New York. This includes air guns and spring guns as well. If you are in this position and are charged with a crime, it will be treated as a juvenile delinquency. Such a charge can have negative consequences and impact your educational opportunities, as well as put current plans on hold. This is another reason to involve a Brooklyn gun possession lawyer as early on in the process as possible.
New York law provides for charges ranging from criminal possession of a weapon in the fourth degree to the first degree. Each has specific parameters that must be met before being charged, and each carries a different set of possible punishments. At the low end, a charge of criminal weapons possession in the fourth degree is a class A misdemeanor. If convicted, you are looking at up to a year in jail, in addition to fines being levied. Such a charge is usually levied against a person that is accused, for the first time, of being in unlawful possession of a gun that contains ammunition. At the upper end, criminal gun possession in the first degree is the most serious charge and is a class B felony. This is levied against a person who is in possession of what is classified as a serious weapon, and it is punishable by up to twenty-five years in prison.
If you have been charged with gun possession, it is important that you have quality counsel representing your best interests. Even if you don’t win your case entirely, a plea deal could help you avoid some or all of the most serious penalties associated with the charge. This may mean getting probation instead of jail time, which could make it easier to care for yourself and your loved ones during legal proceedings and after your case is resolved.
Don’t deal with a Brooklyn Gun Possession Lawyer alone. Speak to the Spodek Law Group today.
Please feel free to email us any questions regarding services that we may assist you with. You may also contact us by mail, telephone or fax.
