In the United States, the second amendment of the Constitution allows people the right to bear arms, meaning they can own a firearm. In order to do so, a person must go through the correct and legal process. The state of New York requires all gun purchasers and owners to have the right permits. This process requires thorough background checks on the applicant. When a person is in possession of a gun without the proper permits, they can face serious consequences as a result. Failure to abide by these laws can put others in grave danger. It is because of this that it is important to understand gun laws before purchasing a gun. If you were charged with wrongful possession of a gun, contact an experienced New York gun permit defense attorney for help.
Why Do I Need to Have a Permit?
When a person wants to own a gun, they are required to have a permit to do so. Acquiring permits allow law enforcement to monitor who is buying and selling guns throughout the state. It also informs them of the person’s reasoning for why they want to own a gun. When purchasing a gun, it must be done from a licensed gun dealer or a resident within New York to ensure that all state laws are being followed.
Permits are also useful in the event that a crime was committed as well. If a registered gun is used during a crime, law enforcement can trace it back to the owner. The state of New York takes gun crimes very seriously. If a gun owner does not have a permit, they can face life-impacting consequences as a result. This can include possible jail time and a criminal record.
Am I Eligible for a Permit?
In order to apply for a gun permit, applicants must meet certain requirements. This can include:
- Over the age of 21, unless honorably discharged from the military
- Not dishonorably discharged from the military
- Not convicted of a felony or serious offense
- Have not previously had a gun license revoked
- Cannot be addicted to controlled substances
- State whether or not they have suffered from or been treated for mental illness
- Not committed to a mental institution involuntarily
- Never had a guardian appointed due to lack of mental capacity
- Never renounced their citizenship in the U.S.
- Be in the United States lawfully
- Have no clear reason for denial of a licenses
NY SAFE ACT
In 2013, the New York Secure Ammunition and Firearms Enforcement Act (NY SAFE ACT) was passed to change gun and ammunition laws in the state. The changes to the law were as follows:
- Ammunition dealers are also required to do background checks and report all sales to the state
- Online dealers must work with a state-licensed dealer
- Mental health professionals must also report any threats from patients
- Increased penalties for gun crimes
- Pistol owners renew permits every 5 years
Contact our Firm
If you or someone you know what charged with a gun crime, contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.