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Weapons Possession

Weapons Possession

Weapon possession crimes happen all over America everyday, and these crimes send countless people to jail because they don’t know their rights or they don’t have a qualified criminal defense attorney. Federal and state authorities have increased weapons laws recently, and the current administrations in New York and in Washington, D.C. are once again looking to “crack down” on weapon possession. The Blanch Law Firm is familiar with all laws governing weapons possession, both on the state and federal level, and can provide a sophisticated and experienced defense in any criminal weapons trial. Our criminal defense lawyers are knowledgeable about concealed weapons charges, firearms laws, Brady Laws and more.

Weapons Charges

New York is one of the toughest states in regard to criminal weapons possession penalties. The state has some of the most strict weapons laws in the country, and the penalties are severe as well as rigid. Recent New York legislation led to an increase in penalties for the possession of an unlicensed weapon. If you are convicted for weapons possession, it carries a minimum mandatory sentence of three years in prison. Any and all handguns in New York City must be licensed and registered, or else they are illegal weapons. In fact, you do not have to actually possess a weapon or firearm to be charged with possession. You can be charged with constructive possession or presumptive possession.

Criminal Weapons Law

However, the laws can be different from region to region, and only a highly-qualified criminal defense lawyer will be able to guide you through the gun laws in your urisdiction. The Blanch Law Firm is knowledgeable of, and experienced with, weapons laws regarding:

• Firearms
• Gun and Weapon Permits and Licenses
• Concealed Weapons Laws
• The Gun Control Act
• The Brady Bill
• The Gun-Free School Zones Act of 1990

Related Weapons Laws

The Blanch Law Firm is also familiar with defending against charges related to weapons possession, such as:

• Assault
• Battery
• Drug Crimes
• Violent Crimes

Contact The Blanch Law Firm

To speak with a criminal defense lawyer about your weapons possession defense concerns, Contact The Blanch Law Firm by calling 212-736-3900 to arrange an initial consultation.

New York Weapons Laws

§ 265.04 Criminal possession of a weapon in the first degree.

A person is guilty of criminal possession of a weapon in the first degree when such person:

1. possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or
2. possesses ten or more firearms.
   Criminal possession of a weapon in the first degree is a class B felony.

§ 265.03 Criminal possession of a weapon in the second degree.

A person is guilty of criminal possession of a weapon in the second degree when:

1. with intent to use the same unlawfully against another, such person:
   • possesses a machine-gun; or
   • possesses a loaded firearm; or
   • possesses a disguised gun; or
2. such person possesses five or more firearms; or
3. such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person’s home or place of business.
   Criminal possession of a weapon in the second degree is a class C felony.

§ 265.02 Criminal possession of a weapon in the third degree.

A person is guilty of criminal possession of a weapon in the third degree when:

1. Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or
2. Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun and which is adaptable for such use; or
3. Such person knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or
4. (i) Such person possesses three or more firearms;
   Criminal possession of a weapon in the third degree is a class D felony.

§ 265.01 Criminal possession of a weapon in the fourth degree.

A person is guilty of criminal possession of a weapon in the fourth degree when:

1. He possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star”;
   Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

The penalties for conviction of any of these statutes can range from one year of incarceration for a Class A misdemeanor to a maximum of 25 years in prison for unlawful possession of weapons in the first degree. If you are facing a weapons possession charge, Contact The Blanch Law Firm today to schedule an initial consultation.