Queens Gun Charges: Navigating New York’s Tough Firearm Laws

Queens Gun Charges: Navigating New York’s Tough Firearm Laws

Getting charged with illegal possession of a gun in Queens can lead to serious consequences. New York has some of the strictest gun laws in the country, and prosecutors in the city pursue weapons charges aggressively. Here’s what you need to know about Queens gun cases and how an experienced criminal defense lawyer can help.

An Overview of New York Gun Laws

There are several main components to New York’s firearm rules:

• New York has a permitting system for handguns. To legally possess a handgun in your home or business, you need a premises license. To carry a concealed handgun in public, you need a concealed carry permit.
• There is a state assault weapons ban. This prohibits ownership of semi-automatic rifles, shotguns, and pistols with certain military-style features.
• New York requires background checks for all firearm sales, even between private parties.
• The SAFE Act expanded the definition of banned assault weapons, required registration of existing assault weapons, and limited magazine capacity to 10 rounds.
• New York has red flag laws allowing courts to order the temporary removal of firearms from individuals deemed a threat.

These laws are dense and complex. Even experienced gun owners can run afoul of the rules and face criminal charges.

Common Gun Charges in Queens

There are a variety of weapons charges defendants in Queens frequently face:

• Criminal possession of a weapon – Possessing an illegal firearm like a handgun without a permit or an assault weapon banned under the SAFE Act.
• Criminal possession of a firearm – Possessing a loaded firearm illegally.
• Criminal use of a firearm – Displaying or using an illegal gun.
• Criminal sale of a firearm – Selling or transferring an illegal firearm.
• Possession of a defaced firearm – Possessing a gun with the serial number removed.

The most serious charges involve actually firing or attempting to fire the weapon. But merely possessing or selling an illegal gun can lead to stiff penalties.

Penalties for Gun Crimes in Queens

The potential sentences for weapons charges in Queens depend on the specific offense and the defendant’s criminal history. Some general sentencing guidelines:

• Illegal possession of a loaded handgun – Minimum 3.5 years if previously convicted of a felony, otherwise 2.5 to 15 years.
• Possession of defaced firearm – 1 to 7 years.
• Criminal sale of a firearm – Minimum 5 years if previously convicted of a felony, up to 15 years otherwise.
• Attempted murder with a gun – Minimum 10 years, up to 25 years to life.

Those with no prior felonies may be eligible for probation instead of jail on some lesser charges. But illegal possession of a loaded handgun almost always carries mandatory prison time.

Fighting Gun Charges in Queens

Although the penalties are severe, an experienced Queens gun crimes Here is a 3000 word article in HTML about Queens gun charges and New York’s firearm laws:

Queens Gun Charges: Navigating New York’s Tough Firearm Laws

Getting charged with illegal gun possession in Queens can lead to serious consequences. New York has some of the strictest gun laws in the country. Understanding these laws and potential defenses is crucial for anyone facing firearm charges.

New York has a lot of rules about who can own a gun and how they need to be stored. You need a permit just to possess a handgun in your home. Carrying a handgun in public without a special carry license is a felony. There are also bans on assault weapons and large capacity magazines.

These laws are meant to promote public safety. But they can be confusing. Many people get arrested without realizing they were breaking the law.

Common Gun Charges in Queens

Some of the most common firearm charges in Queens include:

• Criminal possession of a weapon – For having an illegal gun or knife
• Criminal possession of a firearm – For having a loaded or defaced gun without a permit
• Criminal use of a firearm – For displaying or shooting a gun illegally
• Criminal sale of a firearm – For illegally selling or transferring guns

The penalties depend on the exact charge. But illegal gun possession alone can result in years in prison. Other factors like prior felonies can make sentences even longer.

Gun Licensing in New York City

New York has a strict gun licensing process. There are two main types of licenses:

1. Premises License – Allows you to keep a handgun at home or business.
2. Carry License – Allows you to carry a concealed handgun in public.

It can take 6 months to a year to get approved. You need to pass a background check and provide character references. There’s also required firearm training and fees of several hundred dollars.

Many types of prior convictions can disqualify you from getting a gun license. These include felonies, domestic violence charges, and some mental health issues.

Recent Changes to New York Gun Laws

In 2022, the Supreme Court struck down New York’s old concealed carry law in New York State Rifle & Pistol Association Inc. v. Bruen. This ruled that New York couldn’t require applicants to show a special need for self-defense.

After this decision, New York passed new laws. The state now requires concealed carry applicants to undergo 18 hours of live-fire training. There are also new restrictions on where guns can be carried, including:

• Government buildings
• Healthcare facilities
• Parks
• Public transit
• Places serving alcohol
• Schools and universities
• Polling places
• Protests and rallies
• Times Square

So even with the Supreme Court decision, carrying a gun in public in New York City is still mostly illegal without a permit that’s extremely hard to get.

Defenses for Queens Gun Charges

The best defense depends on the specifics of your case. But some common defenses for firearm charges include:

• You had a valid license – If you had the proper permits and followed all regulations, the charges should be dismissed.
• The gun wasn’t yours – If the gun was found in your home or car but actually belonged to someone else, you may not be responsible.
• You didn’t know about the gun – You can fight constructive possession charges if you weren’t aware of the firearm.
• Illegal search – If police performed an illegal search, any evidence found may not be admissible.
• Entrapment – Undercover cops can’t coerce you into committing a gun crime you wouldn’t do otherwise.

An experienced criminal defense lawyer can evaluate the facts and determine the best defense. This gives you the greatest chance at an acquittal or reduced charges.

Penalties for Criminal Gun Possession in Queens

The potential sentences for firearm charges in Queens depend on:

• Your prior record
• The exact charges
• Whether the gun was loaded
• Mitigating circumstances

Here are some examples of potential penalties:

• Criminal possession of a weapon (4th degree) – Up to 1 year in jail
• Criminal possession of a firearm (3rd degree) – 3.5 to 15 years in prison
• Criminal possession of a weapon on school grounds – Up to 4 years in prison
• Criminal sale of a firearm (3rd degree) – Up to 7 years in prison

Judges can lower sentences below these ranges in some cases. But illegal gun possession often carries mandatory minimums. So you’re looking at substantial jail or prison time if convicted.

Finding the Right Queens Gun Charges Lawyer

Fighting firearm charges in Queens requires an experienced criminal defense attorney. Look for a lawyer who:

• Focuses specifically on gun cases
• Has a track record of positive results
• Knows the local courts, judges, and prosecutors
• Can thoroughly examine the evidence against you
• Explains all your defense options

Don’t take chances with public defenders or less experienced lawyers. Queens gun charges often carry severe penalties. So it’s critical to have the best defense lawyer you can get.

Some of the top-rated NYC firearm defense attorneys include Crotty & Salandria, The Wisselman Law Firm, and Shawn Randall. Most offer free consultations to review your case.

Fighting Queens Gun Charges with an Attorney

The firearm laws in New York are complex. Even experienced gun owners and concealed carry permit holders can get tripped up. That’s why you need a lawyer if you’re facing charges.

An attorney can identify weaknesses in the prosecution’s case. They may find illegal searches, lack of evidence, or proof the gun wasn’t yours. This can lead to dismissed charges or acquittals.

In other cases, lawyers negotiate plea bargains to lesser charges. This reduces potential penalties. They can also argue for alternatives to jail like probation. An attorney’s #1 goal is getting you the best possible outcome.

Don’t try to navigate Queens gun cases yourself. The laws and courts are tricky. Hire an experienced NYC firearm defense lawyer to protect your rights.

References

[1] New York City Handgun License Application
[2] New York Senate Bill S51001
[3] New York Gun Laws After Bruen
[4] NY Gun Laws After Supreme Court Ruling
[5] NYPD Handgun License Application