Long Island Gun Crime Lawyer

Long Island Gun Crime Attorney

New York has some substantially strict gun laws that are in place to prevent criminals from having access to dangerous firearms. Possessing a firearm without a permit can result in significant penalties for not just unlicensed gun owners but also gun owners with permits from out of state. If you are ever arrested for a gun crime, it is vital that you reach out to a Long Island gun crime lawyer to learn what your options are for your defense.

What Are New York’s Gun Laws?

New York’s comprehensive gun laws can be quite strict. It’s largely for the safety of the state’s citizens. A firearm possession charge can result in severe penalties if you are caught without an authorized permit or with a permit from out of state. In order to apply for a firearms license in New York, you must meet certain eligibility requirements, all of which are non-negotiable.

According to New York state law, those requirements are:

• You must be at least 21 years old unless you have been honorably discharged from active military service. In that case, there is no age restriction.
• You must be of good, strong moral character and be able to exercise good judgment in the face of danger.
• You have never been convicted of a felony or some other serious offense. You have no current outstanding warrants.
• You are not a fugitive from justice in any way.
• You are not a habitual drug user.
• You are not an undocumented immigrant or noncitizen of the United States.
• You have not been dishonorably discharged from any branch of the US military.
• You have not renounced your United States citizenship.
• You have disclosed to the proper authorities whether you have had or not had a mental illness.
• You have not been involuntarily committed to a mental hospital.
• You have not had a firearms license revoked or suspended in the past.

Different Penalties for Illegal Firearms Possession in Long Island

You can be charged with a number of different offenses related to unlawful ownership of a weapon in Long Island. Each one carries different levels of penalties. If you are charged with any of them, you should contact a Long Island criminal defense lawyer. Here are some different levels of illegal firearms possession charges:

• Fourth-Degree Criminal Possession of a Weapon: This charge is considered a misdemeanor, and it is fairly common in the state of New York. You can be charged with fourth-degree criminal possession of a weapon for simply owning and possessing a weapon. The definition of a weapon is quite broad, as it can include a gun, a knife, a sword, or even metal knuckles.Certain weapons also require intent to be charged with this misdemeanor, which could land you in jail for a year and make you pay a $1,000 fine.
• Third-Degree Criminal Possession of a Weapon: This charge is a bit more serious. A third-degree weapons charge is considered a class D felony and carries with it a possible penalty of up to seven years in prison.

To be charged with this felony, you may possess a fourth-degree weapon but with a prior criminal conviction. Possessing certain weapons may automatically land you a third-degree charge, such as a bomb, a silencer, an assault rifle, or a gun that’s been defaced.

Long Island Gun Law FAQs

Q: How Much Jail Time Can I Get for a Gun Charge in Long Island?

A: The amount of jail time you could receive for a gun charge in Long Island, New York depends entirely on the nature of the charge and whether or not you have a prior criminal conviction for a gun-related crime. Criminal possession of a firearm could land you a possible penalty of up to four years in prison, regardless of whether or not you have a criminal record. If you are in possession of certain dangerous weapons, you could be looking at 15 years in prison.

Q: Is It Legal to Own a Gun in Long Island?

A: Yes, it is legal to own a gun in Long Island, provided you have a valid permit for that firearm. You would need to obtain a permit from the state of New York. Out-of-state permits will not count as a valid permit. You would need a separate permit to transfer a gun into New York City. If you own a gun without a valid permit, you could be looking at a significant prison sentence for illegal firearms possession.

Q: What Is the Sentence for Possession of a Firearm by a Convicted Felon in New York?

A: The sentence for possession of a firearm by a convicted felon in New York can be up to four years in prison, as that charge is considered a class E felony. In addition to four years in prison, you could also face a fine of up to $5,000 and up to five years of probation. The judge will take into account your criminal record. Since judges tend to be more lenient on first offenders, you will likely be looking at a maximum sentence as a convicted felon.

Q: Can You Get Probation for a Gun Charge in Long Island?

A: Yes, it is possible to get probation for a gun charge in Long Island, New York. It depends entirely on the circumstances of the case. If you are a first offender, there is a higher likelihood that you will be given a lighter sentence instead of the maximum. If there are no aggravating circumstances in your case, you could receive a probation sentence in lieu of jail time.

Reach Out to an Experienced Gun Crime Lawyer Today

Getting caught with an illegal, unlicensed firearm in New York can be detrimental to your future. The subsequent charges can impact your employment status, your personal relationships, your social standing, and ultimately your freedom. It is important to consider reaching out to a gun crime lawyer who can help you figure out your defense strategy and give you guidance.

The legal team at Greco Neyland, PC, understands what kind of help you need and is prepared to offer you assistance. We can help you build your case, gather the evidence that supports your claim, and represent your interests throughout this trying time. Contact us to schedule a consultation as soon as you can.