New York laws 256 and 265.01 pertain to possession of a firearm by a convicted felon.
A felon is any person convicted of a crime, even if non-violent, which can be punished by more than one year of imprisonment.
Loss of right to carry a firearm
If an individual has been convicted of a felony, that person has lost certain constitutional rights and is not legally allowed to possess a gun in the state of New York.
Possession involves more than holding or holstering a gun. Constructive possession means that a felon may not willfully have a gun in his car or home, even if he is not present in the car or home.
Severe penalties may be enacted if a felon is found in possession of a firearm, especially if a crime was committed while in possession of the gun. In that case, a long prison sentence may be sought, from two to ten years. The more prior felony convictions, the longer the penalty. Some states will not grant probation if a person with a prior felony conviction is found in possession of a firearm.
How is a firearm defined?
A firearm is any gun, pistol, machine gun, stun gun or shotgun used as a firearm weapon. Under New York law, possession of a loaded hand gun is now considered a Class C violent felony, carrying a minimum penalty of three and one-half years in prison.
Felons faced with weapons charges in New York face a difficult scenario. Presumption states that, if a felon is riding in a car and a gun is discovered in the vehicle, every person in the car is presumed to be in possession of the weapon. Presumption allows all the people in the car to be charged.
Search warrants are often brought to bear upon homes where, unknown to some household members, family or friends may be involved in illegal activities. If a weapon is found, the felon will be charged with possession of a firearm he may have no knowledge of.
Being arrested for a weapons charge can seriously affect your private and professional life, especially if you have prior felony convictions. If you are facing large fines and possible imprisonment through accusations of felony possession of a firearm, you do not have to defend yourself against the police and prosecution process alone.
We are ready to work hard to ensure that your rights under the law are respected.
In order to be convicted of criminal possession of a weapon in the third degree, it must be established that the person has been convicted of a prior felony and was knowingly in possession of a firearm. If you feel you are being unfairly accused, you need a legal expert experienced in defending people facing your charges.
Weapons possession charges are very serious, especially with prior felony convictions. An experienced defense attorney is your best legal asset.
We offer an initial consultation where your options can be examined at no cost to you.
Please call and speak to an experienced defense lawyer today.