Learn how prior convictions can increase penalties for New York City drug or weapons charges. Discover how state and federal sentencing enhancements, criminal history points, bail decisions, and trial strategies are affected. Spodek Law…
Grand Larceny of Weapons in New York Understanding Larceny and Grand Larceny In legal terms, theft is called larceny , which is considered a petty crime or petit larceny. However, when it is theft…
Can a federal drug conviction still bar firearm possession after the sentence ends? Yes. 18 U.S.C. § 922(g)(1) explicitly prohibits firearm possession for any individual convicted “of a crime punishable by imprisonment for a…
Can firearm rights be restored when federal and state prohibitions overlap? Does a state firearm rights restoration order automatically remove a federal firearm disability under 18 U.S.C. § 922(g)? The short answer is: not…
The rules governing firearm surrender depend on the jurisdiction involved and an individual’s possession status. For example, under the Massachusetts “209A” protective order statute, possession is prohibited immediately, and all firearms, ammunition, and the…
TSA security agents frequently encounter firearms during their screenings. However, this does not mean that airport firearm incidents are automatically federal felonies. Once the TSA agent detects a firearm in a passenger’s carry-on bag…
18 U.S.C. § 932 makes it unlawful for anyone to knowingly purchase, or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce for, on behalf of, or at the request…
Crossing state lines with a firearm is not, in and of itself, federal gun trafficking. Federal law does not criminalize every instance of a lawful interstate movement of a personally owned firearm. However, crossing…
26 U.S.C. § 5861(d) prohibits possession of any NFA firearm not registered in the National Firearms Registration and Transfer Record to its possessor. A suppressor is categorized as an NFA firearm under 26 U.S.C.…