New York and Federal Firearms and Weapons Offenses

Overview

Firearms and weapons offenses encompass a range of violations related to the possession, sale, and use of firearms and other dangerous weapons. Here's a summary of the types of firearms and weapons offenses one can be charged with under both New York and federal law, along with real citations for these offenses in each jurisdiction:

New York State Firearms and Weapons Offenses:

  • Criminal Possession of a Firearm (N.Y. Penal Law § 265.01): This offense involves the illegal possession of a firearm without the required license or permit.

  • Criminal Sale of a Firearm (N.Y. Penal Law § 265.01-a): This pertains to the unlawful sale or transfer of a firearm without the necessary authorization.

  • Criminal Use of a Firearm (N.Y. Penal Law § 265.08): This includes using a firearm unlawfully during the commission of another crime, such as robbery.

  • Possession of a Defaced Firearm (N.Y. Penal Law § 265.01-b): This offense involves possessing a firearm with an altered or removed serial number.

  • Criminal Possession of a Weapon (N.Y. Penal Law Article 265): This is a broader category that encompasses various weapon-related offenses, including possession of dangerous weapons other than firearms.

Federal Firearms and Weapons Offenses:

  • Illegal Possession of a Firearm (18 U.S.C. § 922(g)): This federal offense prohibits the possession of firearms by certain prohibited individuals, such as convicted felons, individuals with restraining orders, or those convicted of domestic violence offenses.

  • Illegal Sale or Transfer of a Firearm (18 U.S.C. § 922(a)(1)): This pertains to the unlicensed sale or transfer of firearms, including straw purchases or sales to prohibited persons.

  • Firearms Trafficking (18 U.S.C. § 924): This involves trafficking firearms across state lines or engaging in illegal gun sales.

  • Possession of a Firearm in Furtherance of a Crime (18 U.S.C. § 924(c)): This offense relates to using or possessing a firearm during the commission of a federal crime.

  • Illegal Possession of Destructive Devices (18 U.S.C. Chapter 40): This covers the unlawful possession of explosive devices, such as grenades or bombs.

Defense Strategies

When facing firearms offenses under both New York State and federal law, it's essential to have a well-thought-out defense strategy. Here are some possible defense strategies:

  • Challenging Illegal Search and Seizure: If law enforcement obtained the firearm through an illegal search or seizure without a warrant or probable cause, you can challenge the admissibility of the evidence in court. This violation of your Fourth Amendment rights may result in the exclusion of crucial evidence.

  • Lack of Knowledge or Intent: You may argue that you were unaware of the firearm's presence or that you did not have the intent to possess it unlawfully. Demonstrating that you lacked the requisite knowledge or intent can be a strong defense.

  • Valid License or Permit: If you were charged with illegal possession or sale, having the proper license or permit to own or transfer firearms can be a valid defense. Ensure that your documentation is up to date and compliant with state and federal laws.

  • Mistaken Identity: If you were wrongly identified as the person responsible for the firearms-related offense, you can present evidence supporting your alibi or demonstrating that you were not at the scene.

  • Chain of Custody Issues: For cases involving the introduction of physical evidence, you can challenge the chain of custody to question the integrity and reliability of the evidence.

  • Entrapment: If law enforcement induced you to commit the firearms offense, you may argue entrapment. To succeed with this defense, you would need to demonstrate that you were not predisposed to commit the crime but were coerced or encouraged by law enforcement.

  • Compliance with Firearms Laws: Ensure that your actions were in compliance with all relevant state and federal firearms laws. This defense may involve proving that you had a legitimate reason for possessing or transferring the firearm.

  • Constitutional Challenges: In some instances, constitutional challenges may be applicable, such as challenging the constitutionality of the law itself or its application in your case.

  • Plea Negotiation: In some cases, negotiating a plea deal may be the best option to reduce charges and potential penalties. An experienced attorney can help you explore this avenue.

It's important to consult with an experienced criminal defense attorney who specializes in firearms offenses. They can evaluate the specifics of your case, identify the most effective defense strategies, and provide you with personalized legal guidance throughout the legal process.

Both New York State and federal laws regulate firearms and weapons offenses rigorously, and violations can result in severe consequences. If you're facing charges related to firearms and weapons offenses, it's crucial to consult with an experienced attorney who can provide legal guidance and craft a robust defense strategy tailored to your specific situation. Contact us for a confidential consultation and personalized legal guidance.