In New York and across the country, gun laws have been in the spotlight. New York is known as having some of the toughest weapon possession laws in the U.S. This is partially due to a new law that was enacted in 2006, the increased the sentencing for gun possession. Under the old law, the offense was a Class D felony. Under the new law, possession of a loaded hand gun is considered a Class C violent felony, which carries a minimum of a 3^1/2 year prison term – and potentially large monetary fines.

Section 265 of the New York State Penal Code sets out the laws of weapons possession, and explains in great detail the various types of weapons that come under this law. This law includes everything from pistols, rifles, machine guns, and other weapons including stun guns, Chinese stars and gravity knives.

if you are convicted of criminal possession of a weapon (and the weapon is a hand gun), the consequences will be a 3 ½ year prison term. If you live in New York and own a hand gun, it is important to be aware that your gun must be licensed and registered. If this is not done, the weapon will be deemed an illegal firearm, which will subject you to arrest and criminal charges.

It is not uncommon for people to be confused as to what possession of a weapon means. Just because a weapon is not being carried on your person does not mean that you are not technically in possession. For instance, if a weapon is considered to be in your dominion and control you are in possession. If a hand gun is in your car, home, or somewhere where you have exclusive access, you are legally in possession of it, which is called constructive possession.

While many people associate weapons possession charges with firearms, under the right circumstances, having knives, razors, or another type of blade may result in a criminal weapon possession charge.

Being arrested for any weapons charge or even receiving a desk appearance ticket can be a very serious issue that will affect both your personal and professional life

Read more