All states have now made it a crime to carry a concealed weapon. Exceptions are made for those who have a permit to carry a concealed weapon.
The state of New York does not accept concealed handgun permits from out-of-state.
Some individuals with concealed carry permits from other states may not realize that carrying a concealed firearm requires a specific procedure for permit in the state of New York before carrying the weapon is legal.
The state of New York grants concealed handgun permits if:
1. The applicant is 21 years old – or 18 if honorably discharged from the military.
2. The applicant is of ‘good moral character’.
3. The applicant has successfully completed a training course in firearms safety. (Westchester County)
The license must be on the owner’s person at all times when the weapon is being carried. A lawful concealment permit must be presented in an encounter with law enforcement.
Applicants may not:
1. Have prior felony convictions.
2. Have ever been confined for mental illness.
3. Have any other good cause to be denied a permit to carry.
It is a Class A misdemeanor in New York to carry a concealed weapon without a legal permit to do so. Fines can be $1000 and up to one year in jail, three years probation or both. The probation sentence hinges upon compliance with specific court rules. If no rules are violated, the sentence is terminated when the probation period ends. If the probation is deemed violated, an individual may be sent to jail to serve the original sentence.
If a person has prior felony convictions and is convicted of carrying a concealed weapon, the sentences will be much stiffer, with a year or more in jail if convicted. The right to keep and bear arms is not extended to those with prior felony convictions.
If an individual is tried for concealing a firearm, it is up to the prosecutor to prove that the weapon was ‘concealed’. Concealment is defined as such that an ordinary passerby would not be able to see the weapon when interacting with the defendant. A weapon that can only be viewed from a certain angle or that is partially in view is usually not enough to bring a conviction of concealing a firearm.
If police did not have the right to stop a defendant and search car or person, the gun evidence may need to be suppressed.
If you have never been in trouble with the law before, arrest for carrying a concealed weapon can be devastating. If you have felony convictions and are being accused of concealing a handgun, the consequences can be extremely grave.
If you have been charged with illegally carrying a concealed weapon, you need expert legal counsel. Our experienced attorneys can fight to protect your rights and work hard to eliminate or reduce the sentences you may face.
Please call today to set up an appointment to discuss your case with a defense attorney at no initial cost to you.