Gun laws are very complex, but nevertheless, they are very strict in New York state. Specifically, state and federal laws note that certain individuals are prohibited from possessing any sort of weapon or ammunition. Any violation of these laws will result in serious criminal charges and penalties. Continue reading to discover whether you hold the right to own a gun after a DWI offense and how one of the experienced Garden City, NY gun crime lawyers at Grunwald & Seman can be of assistance.
Am I allowed to own a gun if I get a DWI in New York state?
New York law states that no handgun license can be issued or renewed except for an applicant who has not been convicted anywhere of a felony or a serious offense. This is why individuals convicted of a DWI offense are generally not allowed to obtain a license. Additionally, federal law similarly states that individuals with felony convictions are prohibited from possessing firearms.
Worth mentioning is that a DWI is not eligible for expungement under New York law. Meaning that you will likely never be qualified to own a gun after your DWI conviction.
What happens if I own a gun after a DWI in New York state?
If you are caught illegally possessing a gun, you are potentially facing a variety of consequences. Based on your circumstances, these consequences can be associated with either a misdemeanor or a felony. They read as follows:
- Class B misdemeanor (up to 3 months in jail):
- Unlawful possession of certain ammunition feeding devices.
- Class A misdemeanor (up to 1 year in jail):
- Criminal possession of a weapon in the fourth degree.
- Criminal purchase or disposal of a weapon.
- Certain wounds were reported.
- Burn injury and wounds were reported.
- Unsafe storage of rifles, shotguns, and firearms.
- Unlawful possession of a large capacity ammunition feeding device.
- Class E felony (up to 4 years in prison):
- Criminal possession of a weapon on school grounds.
- Criminal possession of a firearm.
- Class D felony (2 to 7 years in prison):
- Criminal possession of a weapon in the third degree.
- Criminal sale of a firearm in the third degree.
- Class C felony (3.5 to 15 years in prison):
- Criminal possession of a weapon in the second degree.
- Criminal use of a firearm in the second degree.
- Criminal sale of a firearm in the second degree.
- Criminal sale of a firearm with the aid of a minor.
- Criminal sale of a firearm to a minor.
- Aggravated criminal possession of a weapon.
- Class B felony (up to 25 years in prison):
- Criminal possession of a dangerous weapon in the first degree.
- Criminal use of a firearm in the first degree.
- Criminal sale of a firearm in the first degree.
If you are accused of criminal possession of a gun after a DWI offense, it is pertinent that you reach out to a skilled Garden City, NY DWI | DUI attorney today.
Contact Our Long Island Firm
If you need experienced legal counsel for a criminal matter on Long Island or anywhere in New York State, please contact Grunwald & Seman, P.C. to schedule a consultation.