Possession of an Illegal Rifle or Shotgun

Possession of an Illegal Rifle or Shotgun in New York: What You Need to Know

Possessing an illegal rifle or shotgun is a serious offense in New York that can lead to felony charges and stiff penalties. New York has some of the strictest gun laws in the country, so it’s important to understand what constitutes an illegal rifle or shotgun and the potential consequences for possessing one. This article provides an overview of relevant New York laws, defenses, and what to do if you’ve been charged.

What Makes a Rifle or Shotgun Illegal in New York?

There are several ways a rifle or shotgun can be illegal in New York:

• Lack of a valid license or permit: To legally possess a rifle or shotgun in New York, you generally need either a pistol permit/license or a hunting license[1][2]. Without a valid license or permit, possession is illegal.
• Banned features: New York bans certain features on rifles and shotguns, such as detachable magazines, pistol grips, folding/telescoping stocks, bayonet mounts, flash suppressors, grenade launchers, and more[1][3]. Rifles or shotguns with these features are illegal.
• Overall length: Rifles with a barrel less than 16 inches or an overall length under 26 inches are illegal, as are shotguns with a barrel less than 18 inches or an overall length under 26 inches[1].
• Defaced serial number: It’s illegal to possess a rifle or shotgun with a removed, altered, or obliterated serial number[1][4].
• Previous conviction: Those convicted of a felony or other “disqualifying” offenses like domestic violence are prohibited from possessing rifles and shotguns[1][5].
• Sensitive locations: Possession of a rifle or shotgun in certain “sensitive locations” like schools, government buildings, and places of worship is illegal.

So in summary, if you possess a rifle or shotgun without the proper licensing, with banned features, that’s too short, with a defaced serial number, or in a sensitive area, it’s likely illegal in New York.

Penalties for Illegal Possession

The penalties for illegally possessing a rifle or shotgun in New York depend on the exact circumstances but are always severe[1][3]:

• Criminal possession of a weapon 3rd degree (a Class D felony): Up to 7 years in prison. Applies to most simple illegal possession cases.
• Criminal possession of a weapon 2nd degree (a Class C felony): Up to 15 years in prison. Applies to possession of a loaded/operable firearm or possession along with another felony.
• Criminal possession of a weapon 1st degree (a Class B felony): Up to 25 years in prison. Applies to possession of 10+ firearms illegally.
• Possession in a sensitive location (a Class E felony): Up to 4 years in prison.

Other penalties may include heavy fines, probation, license suspension, and forfeiture of the weapon. Illegal possession of a rifle or shotgun is always a felony offense in New York.

Defenses to Illegal Possession Charges

Some potential defenses to illegal rifle or shotgun possession charges include[5]:

• Lack of knowledge: You didn’t knowingly possess the rifle or shotgun, or didn’t know it was illegal. For example, you borrowed a friend’s rifle not realizing it had banned features.
• Self-defense: You possessed the rifle or shotgun briefly for self-defense purposes against an imminent threat.
• Second Amendment: Arguing the law itself violates your Second Amendment right to bear arms.
• Invalid search: The search that uncovered the rifle or shotgun was unconstitutional. Any evidence from it may be suppressed.
• Entrapment: You were illegally induced by police to commit the offense.
• Mistaken identity: You were mistakenly identified and didn’t actually possess the illegal rifle or shotgun.

An experienced criminal defense attorney can assess whether any of these defenses apply in your specific case.

What to Do If You’re Charged

If you’ve been arrested and charged with illegal possession of a rifle or shotgun in New York, here are some important steps to take:

• Remain silent: Do not answer questions or make statements to police without an attorney present. What you say can be used against you.
• Hire a lawyer: Retain an experienced New York gun crimes defense attorney as soon as possible. They can negotiate with prosecutors on your behalf and defend your rights.
• Don’t consent to searches: Do not give police consent to search your home, vehicle, belongings, etc. Make them get a warrant. This protects your 4th Amendment rights.
• Consider alternatives: Your attorney may be able to get charges reduced or dismissed through diversion programs, plea bargains, etc.
• Build your defense: Work closely with your lawyer to construct a strong defense strategy leveraging applicable defenses.

Illegal possession of a rifle or shotgun is a very serious felony charge in New York. But with an experienced criminal defense lawyer on your side, you can give yourself the best chance at a positive outcome. Don’t hesitate to exercise your rights if you find yourself facing these charges.

Frequently Asked Questions

Q: Can I travel through New York with a legally owned rifle from another state?

A: Generally no, unless you meet very specific exceptions. Out-of-state rifle possession in New York requires a permit.

Q: If I’m convicted, will I lose my Second Amendment rights?

A: Yes, a state or federal conviction will likely result in a prohibition on future firearm possession.

Q: What if I didn’t realize a rifle’s barrel was too short?

A: You can raise a “lack of knowledge” defense, but prosecutors must still prove knowing possession.

Q: Can rifles and shotguns be confiscated without a conviction?

A: Yes, police can seize them upon arrest and forfeiture may happen even without a conviction.

Q: What if I use someone else’s rifle at a shooting range?

A: You’d need to ensure the other person’s rifle is legal to possess to avoid charges yourself.

The Bottom Line

Due to strict state laws, it’s critical to fully understand the rules around legal rifle and shotgun possession and use in New York. Always be sure any rifle or shotgun you buy, borrow, or use complies with all regulations. If charged with illegal possession, immediately contact a qualified criminal defense lawyer to protect your rights. Handled properly, many of these cases can ultimately result in reduced or dismissed charges.