Suffolk County Gun Charge Lawyer
Expert Gun Charge Attorneys Serving Suffolk County, NY
New York charges involving weapons, particularly firearms, are some of the strictest in the country. New York is also a state where local laws can differ in that New York City has different gun laws than New York State. Knowing what the law is and how it differs locally can be the crucial point against your gun ownership rights potentially being taken away. Long Island criminal defense attorney Edward Palermo Criminal Defense has nearly 29 years of experience and can help you navigate the complex legal differences of gun regulations in New York. Edward understands the significant impact being convicted of gun charges in New York can have on a person’s life. Aside from paying extensive fines, a person can face a potential prison sentence and have a mark on their criminal record. Edward is a skilled Suffolk County gun charge lawyer. He can help you understand your rights and defend your best interests.
Explaining Gun Charges in New York
While the state of New York has one of the most stringent laws when it comes to gun ownership and possession, it still allows New York residents to own specific types of guns and firearms. New York Civil Rights Law art. II, § 4 includes similar text as that contained in the Second Amendment of the Constitution allowing for gun ownership in the state.
Having a license is not required to own or possess shotguns and rifles. Handgun or pistol owners, however, are required to possess a permit to legally own or possess their firearms. All firearms classified as assault rifles under the New York Secure Ammunition and Firearms Enforcement Act of 2013 and were not registered before the deadline are considered illegal.
In New York City, ownership and possession of any type of firearm requires a license. State permits without NYC endorsement as well as out-of-state permits for concealed carry are not honored in NYC.
For example, while non-residents can pass through New York City with a legally-owned firearm and without a permit, the weapon should be unloaded and the traveling individual must leave the City within 24 hours. Breaking this law can result in charges of Unlawful Possession of a Weapon, the conviction of which is a class E felony.
This makes it all the more important to be aware of the specific laws to avoid being caught unaware of the differences in local and state laws. If you have been charged with gun-related offenses in New York or Long Island, working with an experienced Suffolk County gun charge lawyer is important. Our Suffolk County gun charge lawyer may be able to help.
Different Suffolk County Gun Charges
Ignorance of the law is not a viable defense in court. All firearms classified as assault rifles under the New York Secure Ammunition and Firearms Enforcement Act of 2013 and were not registered before the deadline are considered illegal.
Here are some relevant laws on weapons-related charges on Long Island, NY:
Being charged with CPW 2 involves the possession of a firearm, the possession of a disguised firearm with the intention of using it for unlawful purposes, or the possession of five or more firearms. Possession applies to having the firearm on your person or constructive possession.
This statute does not apply to loaded firearms in a person’s home or business, which the owner is legally allowed to keep.
Conviction of CPW 2 can result in the following penalties:
- Up to 4 years imprisonment
- Up to 5 years of probation
If a defendant is a first offender and has no prior convictions, the judge can be more lenient with the sentence compared to someone who has prior convictions. CPW 2 is a Class E felony.
NY Penal Law § 265.04 or criminal possession of a weapon in the first degree involves possessing 10 or more firearms. It is important to speak to a Suffolk County gun charge attorney to discern the specifics of your case.
A conviction of CPW 1 can carry the following penalties:
- 5 to 25 years in prison and possibly a fine of up to $30,000.
Criminal possession of a weapon in the first degree is a Class B felony and is considered a violent felony.
Possession of a lethal weapon during the commission of another felony can aggravate the charges imposed on an individual and is punishable under NY Penal Law § 265.08 or Criminal use of a firearm.
A person is guilty of committing criminal use of a firearm in the second degree when he or she commits a class C violent felony crime and he or she:
- Possesses a loaded firearm from which a shot may be discharged
- Displays what appears to be a firearm
A person convicted of criminal use of a firearm in the second degree can face 7 up to 15 years in prison including post-release supervision.
Additional charges of aggravated criminal possession of a weapon under N.Y. P.L. § 265.19 may also be applied to the defendant if they commit specific violent felony offenses under N.Y. P.L. § 70.02 or drug trafficking under N.Y. P.L. § 10.00 in the same criminal transaction.
If a person commits a Class B violent felony while having a lethal weapon in their possession, they can be charged with criminal use of a firearm in the first degree. Criminal use of a firearm in the first degree is a class B felony that will be sentenced in addition to the prior class B violent felony they committed concurrently.
A person convicted of criminal use of a firearm in the second degree can face 10 up to 25 years in prison including post-release supervision. Our Suffolk County gun charge attorney is standing by ready to assist you.
New York imposes strict regulations on who can and cannot purchase firearms. If you are not legally qualified to purchase a firearm under the law and you buy a firearm through unauthorized means, you may be charged with criminal purchase or disposal of a weapon.
A person is guilty of criminal purchase or disposal of a weapon if he or she:
- Purchases a firearm with the awareness that they are prohibited from doing so by the law because of a prior conviction or other reason for ineligibility
- Purchasing a firearm on behalf of a person who is ineligible to own or possess a firearm or who is prohibited from doing so by the law.
- Disposing of or giving away a firearm to a person who is ineligible to own or possess a firearm or who is prohibited from doing so by the law.
A person convicted of criminal purchase or disposal of a weapon can face up to 7 years in prison. A judge can also commute the sentence to probation but the final sentencing will rely heavily on a person’s criminal record. It is still possible for a person to receive a prison sentence if they have a prior conviction.
Criminal purchase or disposal of a weapon is a class D felony.
Regardless of the offense, being charged with weapons-related crimes can have lasting implications on a person’s life. A conviction can have a person facing an extensive prison sentence, fines, and a mark on their criminal record. Working with an experienced gun charge attorney is crucial in defending your rights and getting the best possible outcome.
At Edward Palermo Criminal Defense, distinguished Long Island gun charge attorney Edward Palermo and his team of criminal defense has provided quality legal representation and helped individuals charged with weapons-related offenses on Long Island.
What Should You Do if You’ve Been Charged With Firearms Crimes
The sooner you reach out to a skilled Suffolk County gun charge lawyer, the better your chances are of building a strong legal defense. You may also have to face years of post-release supervision depending on your case. A qualified Long Island firearm charge defense attorney, with the necessary knowledge about the different mitigating and aggravating factors of gun crime in New York, can be the difference between a conviction and dismissal of your charges.
Getting the Help of an Experienced Suffolk County Gun Charge Lawyer
If you have been charged or arrested due to gun-related offenses on Long Island, Edward Palermo Criminal Defense may be able to help. Led by top-rated criminal defense lawyer Edward Palermo, our firm of Suffolk County and Nassau County gun charge attorneys provide quality legal counsel and representation to Long Island, NY residents accused of gun-related offenses. We understand the impact a conviction can have on a person’s life and livelihood. Our practice is dedicated to protecting our clients’ rights and representing their best interests in court.