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||Upto 15 years in prison|
|First Degree Criminal Use of a Firearm||Class B Violent Felony||Upto 25 years in prison|
|Fourth Degree Criminal Possession of a Weapon||Class A Misdemeanor||Up to 1 year in prison|
|Third Degree Criminal Possession of a Weapon||Class D Violent Felony||Upto 7 years in prison|
|Second Degree Criminal Possession of a Weapon||Class C Violent Felony||Upto 15 years in prison|
|First Degree Criminal Possession of a Weapon||Class B Violent Felony||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 firstname.lastname@example.org to schedule an appointment. Appointments can be available on weekends and nights and evenings.