The second amendment in the United States Constitution allows Americans to bear arms. This means they can own a gun as long as they go through the legal process to do so. In order to legally own a gun in the state of New York, individuals must go through the correct process of acquiring permits before they may purchase one. These laws are in place to protect the safety of other people. If a person is found in possession of a gun without a permit, they can face very severe consequences. These consequences have the potential to worsen if the gun was used in a crime. The majority of gun crimes fall under a misdemeanor or a felony.
Categorizing Gun Crimes
The consequences of gun crimes can vary depending on the misdemeanor or felony the offense falls under. If you have been charged with a gun crime, it is important to understand the class of your offense. The classification for gun crimes in New York is as follows.
Class B Misdemeanor:
- Unlawful possession of certain ammunition feeding devices
Class A Misdemeanor:
- Criminal possession of a weapon in the fourth degree
- Criminal purchase or disposal of a weapon
- Certain wounds to be reported
- Burn injury and wounds to be reported
- Unsafe storage of rifles, shotguns, and firearms
- Unlawful possession of a large capacity ammunition feeding device
Class E Felony:
- Criminal possession of a firearm
- Criminal possession of a weapon on school grounds
Class D Felony:
- Criminal possession of a weapon in the third degree
- Criminal sale of a firearm in the third degree
Class C Felony:
- Criminal possession of a weapon 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
- Criminal use of a firearm in the second degree
- Aggravated criminal possession of a weapon
Class B Felony:
- Criminal possession of a dangerous weapon in the first degree
- Criminal sale of a firearm in the first degree
- Criminal use of a firearm in the first degree
If an individual is in possession of a gun while committing another crime, it can escalate the situation at hand. This can cause the individual to face more severe charges than just possession.
Contact our Firm
If you or someone you know was charged with gun possession and wishes to speak with an experienced attorney, contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.