What charges and penalties apply to gun crimes in New York?

Gun Crimes and Penalties in New York

Hey there! If you’re reading this, you probably want to learn more about the different gun crimes and penalties that apply in New York. As a New Yorker myself, I know this stuff can be really confusing. There’s a whole bunch of different laws about what kinds of guns are legal versus illegal, what you can and can’t do with guns, and what happens if you break those laws. I’m going to try to break it down for you in simple terms so it’s easier to understand. Let’s get to it!

Possessing an Illegal Gun

First up: It’s illegal in New York to have a gun if you don’t have a license for it. That’s called “criminal possession of a firearm.” This law applies to handguns, rifles, shotguns – pretty much any kind of gun. The penalty depends on your criminal record:

• If you have a clean record, this is a class E felony. That means you could get 1-4 years in prison and up to a $5,000 fine.
• If you have a prior conviction for any crime, this bumps up to a class D felony. Now you could get 2-7 years in prison and up to a $5,000 fine.

That’s just for having the gun. If you get caught using an illegal gun to commit another crime, that’s a whole separate charge with even bigger penalties. We’ll get to that in a bit.

Types of Illegal Guns

In New York, there are certain types of guns that are totally illegal to own, no matter what. Even if you have a pistol permit, these guns are off-limits:

• Assault weapons – This includes guns like AK-47s and AR-15s.
• Large capacity ammunition magazines – These hold more than 10 rounds of ammo.
• Disguised guns – Things like pen guns, wallet guns, and cane guns.
• Defaced firearms – Guns with removed or altered serial numbers.

If you’re caught with any of these, you could be looking at 2-15 years in prison, even if you have a clean record. Not good!

Using a Gun to Commit a Crime

Now let’s talk about what happens if you use an illegal gun while committing another crime – this is known as “criminal possession of a weapon.” For example, if you rob a store at gunpoint, or get into a shootout with a rival gang member. The penalties get really steep here.

• If no one gets hurt – up to 15 years in prison
• If someone gets injured – up to 25 years in prison
• If someone gets killed – 25 years to life in prison

And if it’s not your first rodeo – if you have a previous conviction for a gun crime – you’ll get hit with a mandatory minimum sentence of 5 years in prison, up to a max of 25 years. The judges don’t have much leeway when it comes to sentencing for repeat offenders.

Defenses

If you do get arrested for one of these gun crimes, there are certain defenses your lawyer could use to get the charges reduced or dismissed:

• You had a valid license – If you had a valid pistol permit, you can fight the criminal possession charge.
• The gun wasn’t yours – If the gun was found in your home or car but didn’t actually belong to you, you may be able to avoid conviction.
• You didn’t know about the gun – If someone left a gun in your bag or vehicle without your knowledge, you can argue you didn’t intentionally possess it.

A skilled New York gun crimes lawyer will look at every angle of your case to figure out the best defense strategy. Don’t just plead guilty without talking to a lawyer first!

The Bottom Line

The moral of the story is that gun laws in New York are no joke. Unlicensed possession, assault weapons, using guns in crimes – you’re looking at guaranteed prison time if convicted. So don’t mess around when it comes to guns! If you do find yourself facing charges, hire an experienced criminal defense lawyer. They can help negotiate with the prosecutors and potentially get charges reduced or dismissed. Good luck, and stay safe out there!