What Qualifies as a 3rd Degree Weapon Charge in New York City?

What Qualifies as a 3rd Degree Weapon Charge in New York City?

In New York, weapons charges are categorized into different degrees based on the type of weapon and the circumstances of the offense. A 3rd degree weapons charge is considered less serious than a 1st or 2nd degree charge, but can still carry significant penalties.

Overview of 3rd Degree Weapons Charges

According to New York penal code §265.02, a person is guilty of 3rd degree criminal possession of a weapon when they knowingly possess any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, or metal knuckles.

To face a 3rd degree charge, the person must have possessed the weapon with no valid permit or license. The weapon also cannot qualify as an antique firearm.

If convicted, 3rd degree criminal possession of a weapon is a class D felony punishable by up to 7 years in prison. Fines up to $5,000 may also be imposed.

Circumstances Leading to a 3rd Degree Charge

There are a few specific circumstances that can lead to 3rd degree weapons charges in NYC:

• Possessing a loaded firearm outside the home or place of business: This includes having a loaded gun in a public place without a valid permit. If the firearm is unloaded, it may qualify as a lesser 4th degree charge instead.
• Possessing certain weapons on school grounds: Being found in possession of a firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, or metal knuckles on school grounds can lead to a 3rd degree charge. This applies even with a valid permit.
• Possessing a defaced firearm: If the serial number or other identifying mark on a firearm has been intentionally defaced, possession is automatically a 3rd degree offense.
• Selling or passing weapons to a minor: Illegally selling, exchanging, or giving one of the above weapons to someone under 18 also constitutes a 3rd degree charge. The same penalties apply.

Defenses Against 3rd Degree Weapons Charges

If you’ve been arrested for a 3rd degree criminal weapons possession charge in New York City, working with an experienced criminal defense attorney on potential defenses is critical. Some possible defenses include:

• You did not actually or constructively possess the weapon
• You had no knowledge the weapon was present
• You had a valid permit, license, or exemption for possession of the weapon
• The weapon is an antique or replica that does not qualify under the statute
• The police violated your 4th Amendment rights (unlawful search & seizure)

An attorney can also negotiate with prosecutors for reduced charges or diversion programs in appropriate cases.

Additional Resources

For more information on New York weapons charges and penalties, check out the following resources:

• Overview of New York Gun Laws – FindLaw
• New York Knife Laws – Knife Up
• Self-Defense Laws in New York – NYC Bar
• Hire a New York Weapons Charge Lawyer – Avvo

I hope this overview gives you a better understanding of what constitutes a 3rd degree weapon charge in NYC. Let me know if you have any other questions!