Gun Cases

Gun cases can be complex and carry severe legal consequences in New York. In New York, it is illegal to possess a firearm if you are a convicted felon or have been adjudicated delinquent for a felony, is a fugitive from justice, has been adjudicated mentally defective, or have been committed to a mental institution. Additionally, New York has strict laws on using and carrying firearms in public places, schools, and other locations.

Individuals can face significant penalties, including fines, probation, and lengthy prison sentences if charged with a gun offense. The severity of the penalty will depend on the type of offense, the type of firearm involved, and the defendant’s criminal history.

At Viscosi Law, our attorneys have extensive experience representing clients facing gun charges in New York. We understand the gravity of these charges and the impact they can have on our clients’ lives. Our attorneys are committed to providing aggressive and effective representation, working tirelessly to investigate every aspect of our client’s cases, challenge the evidence against them, and advocate for their rights in court.

Our attorneys deeply understand the complexities surrounding gun cases and have successfully defended clients against a wide range of gun charges, including illegal possession of firearms, carrying a concealed weapon, and more. We understand that these cases often involve questions of self-defense, mistaken identity, and illegal search and seizure. We are dedicated to providing our clients with the best possible defense.

If you are facing a gun charge in New York, contact Viscosi Law today to schedule a consultation and learn more about how we can help you.

Firearms Laws in New York

Firearm laws in New York State are strict and comprehensive. To purchase a handgun, one must obtain a permit that involves a background check, fingerprinting, and completion of a firearms safety course. A permit to carry a concealed handgun is also required and is only issued for specific reasons. New York State has a ban on assault weapons and limits the maximum capacity of magazines to 10 rounds. All firearm sales, including private sales, must go through a background check, and there is a mandatory waiting period of up to 30 days to purchase a handgun. Safe storage of firearms is required, and certain people are prohibited from owning firearms.

New York State’s Red Flag Law allows family members, school officials, or law enforcement to seek an order to temporarily remove firearms from someone deemed a danger to themselves or others. It is important to note that these laws are subject to change and may have additional provisions or restrictions. It is always advisable to consult with local law enforcement or an attorney for the most up-to-date information on firearms laws in New York State.

Permit to Purchase: In New York State, you must obtain a permit to purchase a handgun. The permit process involves a background check, fingerprinting, and a firearms safety course. This permit is valid for one year and must be renewed annually.
Permit to Carry: In New York State, you must obtain a concealed handgun permit. This permit is only issued for specific reasons, such as self-defense or target shooting, and the applicant must demonstrate a need for the permit.
Assault Weapons Ban: New York State has a ban on assault weapons, including semi-automatic rifles and pistols with certain features, such as a folding stock, pistol grip, or threaded barrel. Possession of these weapons is illegal in the state.
Magazine Capacity Limit: In New York State, the maximum capacity for a magazine is ten rounds. Possession of a magazine that can hold more than ten rounds is illegal, and existing high-capacity magazines must be permanently modified or surrendered.
Background Checks: In New York State, all firearm sales, including private sales, must go through a background check. This includes checking criminal records, mental health records, and past domestic violence incidents.
Waiting Period: In New York State, there is a mandatory waiting period of up to 30 days for the purchase of a handgun. This waiting period allows time for the background check to be completed and for law enforcement to investigate any red flags.
Safe Storage: In New York State, it is illegal to store a firearm in a manner that is accessible to anyone under the age of 16. Firearms must be stored in a locked cabinet, safe, or vault or with a trigger lock or other locking device.
Prohibited Persons: In New York State, certain people are prohibited from owning firearms, including those who have been convicted of certain crimes, have been involuntarily committed to a mental institution, or have a history of domestic violence.
Red Flag Law: In 2019, New York State enacted a Red Flag Law that allows family members, school officials, or law enforcement to seek an order to temporarily remove firearms from someone who is deemed to be a danger to themselves or others.
License Revocation: In New York State, a firearms license can be revoked if the holder is found to be no longer qualified, such as if they have a disqualifying criminal conviction or mental health condition.

What are Gun Offenses in New York

Gun offenses in the state of New York are taken very seriously by law enforcement and carry severe legal consequences. In New York, gun offenses encompass a broad range of criminal acts related to possessing, using, and selling firearms. Here are some gun offenses in New York:

Possession of a Firearm by a Convicted Felon: It is illegal for a convicted felon to possess a firearm in Florida, and anyone caught in possession of a firearm can be charged with a felony offense.
Carrying a Concealed Weapon: It is illegal to carry a concealed firearm or another weapon in Florida without a valid concealed carry permit.
Possession of an Illegal Firearm: Certain firearms, such as machine guns and sawed-off shotguns, are illegal in Florida. Possession of an illegal firearm can result in felony charges.
Sale or Transfer of a Firearm to a Prohibited Person: It is illegal to sell or transfer a firearm to someone prohibited from possessing firearms, such as convicted felons or individuals with a history of domestic violence.
Reckless Display of a Firearm: It is illegal to recklessly display a firearm in public, and doing so can result in misdemeanor charges.
Discharging a Firearm in Public: Discharging a firearm in a public place or within a certain distance of a dwelling or occupied structure is illegal and can result in felony charges.

Contact Viscosi Law today to schedule a consultation and learn how we can help you fight your gun charges in New York. With Viscosi Law on your side, you can feel confident that you receive the highest legal representation in New York.

Possible Punishments for Gun Charges

Gun charges in New York carry severe legal consequences, including significant fines and lengthy prison sentences. Here are possible punishments for gun charges in New York:

Criminal Possession of a Weapon in the Fourth Degree

Criminal Possession of a Weapon in the Fourth Degree is a criminal offense in New York that involves the possession of certain types of weapons or ammunition. The offense is considered a Class A misdemeanor and is punishable by up to one year in jail and a fine of up to $1,000. Criminal Possession of a Weapon in the Fourth Degree applies to individuals who knowingly possess any of the following items:

A firearm or electronic dart gun
A switchblade or gravity knife
Brass knuckles or metal knuckles
A billy club or blackjack
A slingshot
Kung fu star or chuka stick
Sandbag or sandclub

Additionally, Criminal Possession of a Weapon in the Fourth Degree can also apply to individuals who possess any firearm ammunition or any other dangerous weapon or instrument with the intent to use it unlawfully against another person. Certain defenses may be available in a Criminal Possession of a Weapon in the Fourth Degree case, including the lack of knowledge or intent to possess the weapon, the weapon being used for lawful purposes, or that the weapon was found during an unlawful search and seizure.

Criminal Possession of a Weapon in the Third Degree

Criminal Possession of a Weapon in the Third Degree is a criminal offense in New York that involves the possession of certain types of firearms or other dangerous weapons. The offense is considered a Class D felony and is punishable by up to seven years in prison and a fine of up to $5,000. Criminal Possession of a Weapon in the Third Degree applies to individuals who knowingly possess any of the following items:

A firearm with a defaced serial number
An assault weapon
Any explosive or incendiary bomb, or other dangerous instruments capable of causing physical injury or death
A large-capacity ammunition-feeding device
A disguised gun

Criminal Possession of a Weapon in the Third Degree can also apply to individuals who possess three or more firearms.

Criminal Possession of a Weapon in the Second Degree

Criminal Possession of a Weapon in the Second Degree is a serious criminal offense in New York that involves the possession of certain types of firearms or other dangerous weapons. The offense is considered a Class C felony and is punishable by up to 15 years in prison and a fine of up to $15,000. Criminal Possession of a Weapon in the Second Degree applies to individuals who knowingly possess any of the following items:

A loaded firearm with intent to use it unlawfully against another person
Any explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death, with intent to use it unlawfully against another person or property
A machine gun
A disguised gun
Five or more firearms

Criminal Possession of a Weapon in the Second Degree can also apply to individuals who have been convicted of certain prior offenses, such as a violent felony, within the past ten years.Defenses to Criminal Possession of a Weapon in the Second Degree charges may include the lack of knowledge or intent to possess the weapon, the weapon being used for lawful purposes, or that the weapon was found during an unlawful search and seizure.

Criminal Possession of a Weapon in the First Degree

Criminal Possession of a Weapon in the First Degree is the most severe weapons charge in New York and is considered a Class B violent felony. The offense involves knowingly possessing certain deadly weapons, such as firearms or explosives, with the intent to use them unlawfully against another person or sell them to someone not authorized to possess them. Under New York law, Criminal Possession of a Weapon in the First Degree can apply to individuals who knowingly possess any of the following items:

An explosive or incendiary device with the intent to use it unlawfully against another person or property
Ten or more firearms
A machine gun or a loaded firearm with the ability to fire more than three shots without reloading
A disguised gun or a bulletproof vest with the intent to use it unlawfully against another person
A sawed-off shotgun or a shotgun with a barrel less than 18 inches in length

The penalties for Criminal Possession of a Weapon in the First Degree are severe and include a minimum sentence of 5 years in prison and a maximum sentence of 25 years to life.

Unlawful Possession of a Weapon

Unlawful Possession of a Weapon is a criminal offense in New York that prohibits individuals from knowingly possessing certain weapons without a license or permit. This offense is considered severe and can carry significant penalties, including imprisonment and fines.

Under New York law, the following weapons are considered “weapons” for this offense:

A firearm (including a handgun, rifle, shotgun, or assault weapon)
A switchblade knife
A gravity knife
A pilum ballistic knife
A metal knuckle knife
A billy, blackjack, sandbag, or any similar instrument
A dagger, dangerous knife, or dirk
A stun gun or other electronic dart device

Unlawful Possession of a Weapon can be charged as a misdemeanor or a felony, depending on the circumstances of the case. The penalties for this offense may include imprisonment, fines, and other consequences that could impact your life and future.

Criminal Sale of a Firearm

Criminal Sale of a Firearm involves the sale, exchange, or transfer of a firearm without a license or permit. This offense is considered a felony and can result in significant penalties, including imprisonment and fines.

Under New York law, selling, exchanging, or transferring any firearm without a valid license or permit issued by the state is illegal. The penalties for this offense depend on the type of firearm involved, the number of firearms sold, and the circumstances of the sale.

Criminal Sale of a Firearm in the Third Degree is charged when an individual sells, exchanges, or transfers three or more firearms. It is a Class D felony that carries a sentence of up to seven years in prison.

Criminal Sale of a Firearm in the Second Degree is charged when an individual sells, exchanges, or transfers ten or more firearms. It is a Class C felony that carries a sentence of up to fifteen years in prison.

Criminal Sale of a Firearm in the First Degree is charged when an individual sells, exchanges, or transfers firearms to someone who is ineligible to possess them. It is a Class B felony that carries a sentence of up to twenty-five years in prison.

Criminal Use of a Firearm

Criminal Use of a Firearm involves using a firearm during the commission of another crime. This offense is considered a felony and can result in significant penalties, including imprisonment and fines.

Under New York law, it is illegal to use a firearm during the commission of certain crimes, including drug offenses, robbery, and assault. The penalties for this offense depend on the type of crime involved, the number of firearms used, and the circumstances of the use.

Criminal Use of a Firearm in the Second Degree is charged when an individual uses a firearm during the commission of a Class B, C, or D felony. It is a Class C felony that carries a sentence of up to fifteen years in prison.

Criminal Use of a Firearm in the First Degree is charged when an individual uses a firearm during the commission of a Class A felony. It is a Class B felony that carries a sentence of up to twenty-five years in prison.

In addition to these legal consequences, individuals convicted of gun charges in New York may also face social stigma, difficulty finding employment, and other long-term consequences.

Possible Defenses for Gun Charges

There are several possible defenses for gun charges in New York, depending on the specific circumstances of the case. Some common defenses include:

Unlawful Search and Seizure: If the police obtained the firearm through an unlawful search and seizure, such as without a warrant or without probable cause, the evidence may be suppressed and the charges may be dismissed.
Lack of Knowledge or Intent: In some cases, an individual may be in possession of a firearm without knowledge or intent. For example, if the gun was left in their car by a friend without their knowledge, they may be able to argue that they did not knowingly possess the weapon.
Self-Defense: If the firearm was used in self-defense or the defense of others, the individual may be able to argue that they acted lawfully and should not be charged with a crime.
Invalid License or Permit: In some cases, an individual may have been charged with a gun offense due to an administrative or paperwork error, such as an expired license or permit. In such cases, the charges may be dismissed if the individual can prove that they were legally allowed to possess the firearm at the time of the alleged offense.
Entrapment: If law enforcement officers coerced or induced an individual to commit a gun offense they would not have otherwise committed, they may be able to argue entrapment and dismiss the charges.

The best defense strategy will depend on the specific circumstances of the case. A skilled criminal defense attorney can help you determine the most effective defense strategy and work to protect your rights and freedom.

Viscosi Law and Gun Charges

New York’s gun charges can have severe legal consequences, including significant fines and lengthy prison sentences. Our attorneys understand the complexities of New York’s gun laws and are dedicated to protecting your rights and freedoms under the law. We will work tirelessly to investigate the facts of your case, identify potential legal defenses, and develop a strong defense strategy tailored to your specific needs.