Blog
NYC Airport Gun Arrests Lawyers
Airports within New York City have become classified as a special zone, and your rights here will be suspended upon entering the airport. Unfortunately, many people only begin to realize this after the fact that they have been arrested, locked up and charged with an airport gun arrest. New York enforces strict and punishing gun laws, and they do not recognize your right to a gun permit or a license from any of the other 49 states. Even pistol licenses aren’t granted by New York, and the people who have flown through may find themselves under arrest even despite them complying with the lawful transportation of these weapons.
Contents
Fighting for Freedom
You need someone competent and understanding of law in these fields so that they can fight for you to give you your freedom back. You should never have to face wrongful arrest for a crime that you had not even intended to commit. At Spodek Law Group, we will search all the various laws to help you with finding what will protect you most when you stand before the judge.
The Gun Laws in New York
Gun owners have a right to fly with their weapons as long as they have complied with the TSA rules. For example, the traveler will take his unloaded gun into checked baggage, and it will be locked inside of a hard-sided container, which is completely lawful. This classifies as lawful because the container has been secured. Unfortunately, TSA doesn’t always follow its own rules. You might naturally assume how you have stayed compliant with the TSA laws and followed some of the federal regulations, so you will be okay—wrong!
In the past, it never became a problem. The gun owner presented the weapon to the gate agent for checking it in. It has been licensed and contained securely with a container that had been locked. Unfortunately, police officers suddenly show up with frowns and handcuffs to take you in. The gun owner gets wrongfully taken to jail where he will have no choice but to wait for the hearing. Soon, the gun owner realizes how he faces serious prison time for a felony he never intended to commit. This happens even despite the fact that he followed all the rules concerning guns with the TSA.
The Three State and City Laws
For those who planned to travel through the state of New York, you have three different city and state laws. Each of them has made it much harder for a New Yorker to possess and carry firearms. They even restrict the types of weapons that an individual can own, and they also restrict the types of ammunition that they can possess. When it comes to carrying firearms, New York has enacted some of the most strict and undesirable laws concerning firearms. You truly have to exercise caution when you fly from one state to the next because of these firearm laws that have been known to change in each state. The traveler has a responsibility to understand them even if he’s not from the state.
Don’t Assume TSA Will Protect You
The truth of airports and the TSA can be a harsh reality check. Even when you follow the rules of TSA, it’s not always enough to protect you. You also have a responsibility to follow the laws of New York State. Spodek Law Group, a law firm that two former prosecutors had founded, understands what a prosecutor will try to put against you. We have gone through virtually every legal scenario that can crop up, and we will take active measures to protect you in the court of law.
What are the Penalties of a NYC Gun Arrest?
Unfortunately, it classifies as a felony to be charged with this even if you were in the right. New York has imposed a mandatory penalty for those who have been charged with criminal firearm possession. The most common criminal charge that you will face for a firearm charge will be second-degree possession of a firearm, which categorizes as a class C felony. This is the law to watch out for when you choose to bring a firearm into NYC. At a minimum, you will be charged with 3.5 years in a federal penitentiary. This assumes that you don’t have a past criminal record to where they will be even harsher on you. The maximum sentence can be up to 15 years in prison for a crime you never wanted to commit.
Luckily, the prosecution will usually view a tourist guilty of these crimes less strictly than a thug found in possession of a firearm. You could receive softer treatment, but this doesn’t negate the fact that you may still have to face some kind of legal penalty just for ignorance. For example, you might plead guilty to one of the less serious offenses, but this won’t stop you from having hefty fines or mandatory community service. In addition, your firearms could even be destroyed.