Frequently Asked Questions on illegal gun possession, gun charges, gun violations and gun crimes in New York State*.
Part 1 is gun violations for licensed and permitted firearms.
Part 2 is for illegal gun possession charges.
*These questions and answers are not intended to be exhaustive, nor do they constitute legal advice
Part 1 – 2022 newly enacted New York laws for licensed gun possession
In June 2022, the United States Supreme Court ruled that New York State law which restricted the carrying of legal guns outside of the house as unconstitutional.
Even though New York State no longer can require individuals to show “proper cause” for a license to carry a concealed handgun outside the house, New York State law still requires that legal handguns may not be openly carried.
As of this writing, there are challenges to the newly New York firearms laws and their laws are subject to change based on court rulings. New laws that went into effect Sept 2022 include Penal Law 265.01-e, Criminal Possession of a Firearm, Rifle, or Shotgun in a Sensitive Location, and 265.01-d, Criminal Possession of a Weapon in a Restricted Area. Whether class “E” felonies stand the legal challenges remains to be seen. Since the laws involving gun cases are evolving in New York, it is important you retain a criminal defense attorney who can defend you.
Yes. You are still required to have a license to possess a pistol or revolver. On or after September 4, 2022, a semi-automatic rifle license is required to purchase or take ownership of a semi-automatic gun. The state of New York now requires a buyer to be 21 years of age before purchasing a semi-automatic rifle.
No. One would need to obtain a concealed carry license. You cannot carry a concealed pistol or revolver outside your home in New York State if you only have a premises license. Premise license only allows one to possess a pistol or revolver in your home or place of business.
Legislation (S.51001/A.41001) restricts the Carrying of Concealed Weapons in sensitive locations. Sensitive areas include a long list of public spaces including, but not limited to, government buildings, courts, religious centers, health facilities, homeless shelters, schools, subways, stadiums, state parks, playgrounds. Private spaces are also subject to regulation, although a different criminal code.
The new law enhances safe storage requirements extending into vehicles. If you leave your gun unattended in a vehicle, it must be unloaded and locked in a fire, impact, and tamper resistant storage depository that is hidden from view. Glove compartments and glove boxes are not appropriate safe storage depositories. A plastic or aluminum, lockable, hard-sided, gun case or safe will suffice for this purpose.
In general, it is a crime to bring your licensed gun from another state into New York. Ignorance of the law is no defense. In the event you are arrested or investigated for possessing a legal loaded or unloaded firearm not licensed in New York, call your lawyer and don’t make any statements to the police. These laws are subject to change and your gun defense lawyer can help you come up with a strong defense.
Call a Lawyer Immediately: If you are arrested for gun charges, contact The Law Firm of Lisa Pelosi at 845-605-1101. Lisa has 35+ years’ experience in criminal defense. Being a former prosecutor, she sees the law from all angles. Her firm has offices in Poughkeepsie and NYC. The new laws are complex and subject to change and require an experienced, dedicated and knowledgeable defense lawyer to help defend you. Tenemos abogados criminalista en nuestra oficina que hablan español.
Part 2: Illegal Gun Possession**
If you have been charged with any gun offense – whether for having a glock, an assault weapon or a revolver, do not underestimate the consequences.
**These questions and answers are not intended to be exhaustive, nor do they constitute legal advice
You are not permitted to carry a gun without a license/permit in New York State. Should you violate this law, you will be charged with a felony and face jail time.
New York has a long list of gun laws that can they are complicated. The potential penalties depend on the specific offense. Some of the most common gun charges are:
• Criminal Possession of a Firearm
• Criminal Possession of a Weapon on School Grounds
• Unlawful Possession of Weapons by a Person Under the Age of 16
• Criminal Possession of a Dangerous Weapon
• Criminal Sales of a Firearm
• Criminal Sale of a Firearm with the Aid of a Minor
• Criminal Sale of a Firearm to a Minor
• Criminal Purchase or Disposal of a Firearm
• Criminal Use of a Firearm
The sentencing laws in New York State for illegal gun possession are strict. One faces incarceration if found guilty.
Federal law and New York State law both prohibit an individual with a felony on their record from getting a permit to possess a firearm. A felon charged with possession of a firearm may face a prison sentence of up to 25 years, depending on the felony class. As with other crimes, the number of prior felony convictions a person has, the longer the prison sentence prosecutors will seek. People in New York who are convicted of domestic violence crimes are prohibited from getting firearms.
If it is alleged you possessed an illegal gun, it is important to examine if the officer had probable cause to stop and search you, your house, or your car. Each stop and search are different, and a seasoned criminal defense attorney will look for ways to determine if the search and seizure was without probable cause.
A hearing which is akin to a mini trial takes place prior to trial. Your lawyer will attempt to show the judge that the officer violated your right by searching you and the evidence of the gun should be suppressed.
If your lawyer is successful at the hearing the gun case will be dismissed.
Ghost gun, a privately made firearm, that is produced by an individual rather than a corporation or government, are designed to avoid all gun laws. They are untraceable and unserialized. New Yorkers who possess or sell a ghost gun can now be charged with a felony.
Choosing a Gun Crime Lawyer in the Hudson Valley, New York State
If you have been charged with illegal gun or weapon possession in the Hudson Valley, New York State, you should contact The Law Office of Lisa Pelosi for advice and assistance at 845-605-1101. You should not speak to anyone else about your case. Work with Lisa, a reputable NY gun criminal defense attorney on a defense which attempts to get charges dismissed or reduced. Lisa has more than 35 years’ experience in the field of criminal law including being a former prosecutor.
The Law Firm of Lisa Pelosi has offices in Poughkeepsie and NYC and services the areas of Hudson Valley, the counties of Dutchess, Orange, Rockland, Ulster, Putnam, Westchester, the Bronx and all of NYC and the state of New York. Tenemos abogados defensores que hablan español en la firma de abogados.
*Note – New York State laws are always subject to change through the passage of new legislation, rulings in the higher courts, ballot initiatives, and other means. We encourage you to consult with an attorney and research and verify the state laws.