New York’s Strict Gun Laws

New York has some of the toughest gun laws in the nation and many people are not aware that their permit to carry a weapon is not vaild in New York City. I recently handled a case where a man from another state came to New York City to help the Hurricane Sandy victims and was charged with felony possession of a weapon because his permit from Wisconson was not vaild in New York. He faced a mandatory 3 1/2 year prison sentence even though he had never been convicted of a crime before and was not aware of the law in New York state.

My office was able to have the charges dismissed after many months of negotiations with the Nassau County District Attorney’s Office who took note of the fact that he had no record, was working for Sandy victuims, sang in the church choir with his wife, was the father of five children, and had a valid permit in his state to carry the gun for his own protection.

Many other cases I have handled have resulted in misdemeanor pleas with no jail time, but the client still had a criminal record which can effect government benefits, public housing, job applications, school admittance, and traveling to foreign countries.

On January 15, 2013, the state assault weapons ban was further strengthened by the New York Safe Act. This act bans certain rifle magazines: a) manufactured after 1994; and b) the magazine holds more than 10 rounds. All “assault” stlye rifles and shotguns purchased prior to January 15, 2013 are grandfathered, but must be registered within one year of the Safe Act passage.

New York is a “May-Issue” state, meaning the licensing official (usually a local police chief or sheriff) has discretion to issue a license or permit to possess handguns, or carry a concealed firearm. NewYork does not recognize concealed carry permits issued by any other state, and non-residents are generally forbidden from obtaining a permit in New York.

New York City, which is practically a “No-Issue” jurisdiction for carry pistol licenses, has even more stringent gun laws, including those regulating guns kept at home, making it almost impossible for ordinary citizens to carry guns in New York City.

Some say that this is a good thing and that there are too many guns around. They argue that no one needs a weapon that fires hundreds of rounds at a time and that these assault weapons are not appropriate for hunting or personal protection.

Other people argue that criminals will get guns no matter what the law is and that restrictions only keep honest prople from getting the guns they need for hunting and personal protection.

If you are charged with any crime do not talk to the police, protect your rights by calling the Law Offices of John J. Carney for a free consultation.