Gun charges in new York
A Team of Results-Driven Weapons Crime Lawyers in Albany, NY
Even though the Second Amendment placed a clear right for Americans to bear arms to defend themselves from harm, the specific laws delineating the limitations of this right are constantly changing, not just within the country, but within the state of New York itself. In many cases, the evolution of these laws is not only complex and confusing, but the specific changes are also not readily available nor clarified to the public. As a result, many law-abiding inhabitants of New York are unaware of certain developments or restrictions, and suddenly find themselves paying harsh penalties for something they didn’t even know they were apparently breaking.
For this reason, The Kindlon Law Firm, PLLC wants you to know that if you are facing gun charges in New York, our team is one that you can absolutely trust to aggressively defend your rights against unfair weapon accusations.
SAFE Act Violations
Following the tragic shooting at Sandy Hook Elementary school, New York passed a critical law in 2013 known as the New York Secure Ammunition and Firearms Enforcement Act, or the NY SAFE Act.
This law controlled the use of firearms in some major ways by:
- Re-defining what counted as an “assault weapon,” and mandating that anyone who owned such a firearm must then register this weapon in New York
- Halting anyone to possess magazines that allowed for a high count of bullets
- Restricting how many rounds one could legally load into a gun at a distinct time
- Requiring anyone who wanted to buy either private guns or ammunition to have a background check
- Instituting that any mental health professionals who encountered a patient making a credible threat to themselves and others would then report this individual, often with the result of the weapon being confiscated
What is a Gun and Weapon Charge in New York?
Despite the institution of the SAFE Act and its well-meaning intentions of decreasing injuries and fatalities related to firearms, additional changes to laws throughout the country have often made it difficult to interpret exactly which law is applicable at distinct points in time and locations.
Many firearm charges tend to arise when a gun has been used in a place where it has been designated as unsafe, or when a weapon has not been properly displayed. Some of the most common infractions which we have encountered include those involving:
- Illegally carrying a concealed weapon without the proper permit, or with a license that has accidentally expired
- Carrying a deadly weapon on one’s person in the midst of committing a separate felony, even if the weapon was never used
- Possessing a gun or a weapon in a location that has been prohibited, such as a playground or school, even if you were unaware that this area was nearby
Due to the complexity of continuously changing laws, as well as relative ease of unintentionally breaking current legislation, there are so many ways that you might be charged with a breach of firearm laws. However, this supposed encroachment is often accidental or a case of mistaken understanding. Our dedicated gun charge attorneys in New York are determined to fight every charge aggressively so the court can see that there are truly two sides to every story.
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