New York Criminal Possession of a Weapon in the Second Degree (NY Penal Law 265.03).

In New York, criminal possession of a weapon in the second degree is a serious felony. New York is notorious for strict gun laws. And prosecutors will push for the harshest penalties for cases which involve criminal possession of a weapon.

The Most Common Weapon Offenses Under New York Penal Law Section 265.03 (PL 265.03)

The most common weapon offenses under New York Penal Law Section 265.03 (PL 265.03) include:

Carrying a Loaded Gun With the Intent to Use

An individual may be charged with criminal possession in the second degree if he or she possesses a loaded gun with the intent to use the weapon in an unlawful manner against another individual. The "intent to use" is a complex area under New York law. There is more to this law than an individual pointing a gun (with the safety off) at another individual. Jury members are allowed to assume certain inferences based off circumstances surrounding the incident. Which is used to determine the individual's state of mind when the gun was on his or her possession and if an intent to use was present.

If an individual is arrested during an illegal drug transaction, and the jury found the individual had a gun on his or her possession, the law permits the jury to infer that since the individual took a loaded gun to the transaction, he or she intended to use the weapon unlawfully against another individual.

An individual which has been charged with possession of a loaded gun with intent to use it should contact an experienced New York criminal defense attorney who understands firearm laws in New York.

Loaded Gun Outside of a Home or Place of Business