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Even though the Constitution gives a person the right to bear arms, the states hold the right to regulate it. A person can face serious penalties if he/she disobeys the laws related to weapons, particularly in New York.

Gun laws in New York state can be complex and quite confusing. Hence, it would be the best to consult a criminal defense attorney, if a person is facing weapons offense charges in New York.

As per the New York laws, there are 2 main weapons offense – Criminal Use of a Weapon and Criminal Possession of a Firearm. Showing or using a gun in the commission of a crime means Criminal Use of a Firearm. While Criminal Possession of a Weapon involves when a person is not legally licensed to carry a weapon or if that weapon is unlawful itself.

The following table gives an overview of New York’s gun laws and penalties:

Charge Offense Nature of Crime Penalty
Second Degree Criminal Use of a Firearm Class C Violent Felony
  1. Possessed a deadly weapon, or
  2. Displayed a pistol, rifle, shotgun, revolver, machine gun, or other firearm
Upto 15 years in prison
First Degree Criminal Use of a Firearm Class B Violent Felony
  1. Possessing a deadly weapon, or
  2. Displaying a pistol, rifle, shotgun, revolver, machine gun, or other firearm.
Upto 25 years in prison
Fourth Degree Criminal Possession of a Weapon Class A Misdemeanor
  1. Simply possessed one of the following weapons:
    1. Firearm
    2. electronic dart gun
    3. stun gun
    4. Switchblade
    5. Slingshot
    6. “Kung Fu star”
    7. metal knuckles
  2. Possessed one of the following with intention to use it against another person:
    1. Knife
    2. Razor
    3. Stiletto
    4. imitation pistol
    5. Any other dangerous or deadly instrument
  3. Possessed a firearm on school grounds
  4. Are not a U.S. citizen and possessed a firearm
  5. Have been deemed not suitable for gun ownership and refused to give up possession upon the direction of law enforcement
  6. Possessed any armor piercing ammunition
Up to 1 year in prison
Third Degree Criminal Possession of a Weapon Class D Violent Felony
  1. Committed the offense of 4th degree criminal possession of a weapon and have a criminal history
  2. Possessed 3 or more firearms, an assault weapon, any disguised gun, a large capacity ammunition feeding device, any explosive, bomb, silencer, or machine-gun
  3. Possessed a weapon outside of the home or business and have a previous conviction of a felony or Class A misdemeanor in the past five years
Upto 7 years in prison
Second Degree Criminal Possession of a Weapon Class C Violent Felony
  1. Possessed one of the following with the intention to use unlawfully against another person:
    1. machine gun
    2. loaded firearm
    3. disguised gun
  2. Possessed 5 or more firearms, or
  3. Possessed any loaded firearm
Upto 15 years in prison
First Degree Criminal Possession of a Weapon Class B Violent Felony
  1. Possessed 10 or more firearms
  2. Possessed any explosive with the intent to use it against a person or another person’s property.
Upto 25 years in prison

Weapons offense can be a serious matter. If you have been or you know a person who has been accused of weapons offense, contact Law Offices of Aditya Surti today to discuss the case. Contact Aditya Surti Esq. at 201-518-6642201-518-6642 to schedule an appointment at the Jersey City Office or at 732-750-1269732-750-1269 to schedule an appointment at the Woodbridge Office. You can also email us at info@surtilaw.com to schedule an appointment. Appointments can be available on weekends and nights and evenings.