Airports in NYC are special areas. Many of your rights are suspended. Many only realize this after facing felony charges, getting locked up in jail, or being extorted by the local government. New York has has incredibly restrictive gun laws. NYC doesn’t recognize gun permits or licenses from any of the other 49 states in the USA. It doesn’t even recognize pistol licenses granted by New York state, unless it’s validated by NYC. People who fly through the city have found themselves arrested, despite complying with TSA rules for transporting the weapons.
Spodek Law Group, is here to help fight against those charges and give you your freedom back. We believe you shoudln’t be wrongfully accused of committing a crime you didn’t intend on doing. Our NYC criminal attorneys work tirelessly, to help defend you if you’re a victim of these wrongful laws.
New York Gun Laws
Lawful gun owners are allowed to travel with weapons according to the TSA. As long as the traveler transports the unloaded firearm in a check bagge, in a locked, hard-sided container, then it’s lawful. The container has to be kept secured. If you are flying into, or out of a New York airport, it’s natural to assume you’re in compliance with the law and follow federal regulations. In the past, we’ve seen travelers legally carry a gun and follow the rules, and present it to a gate agent in order to check in the weapon. It’s licensed, and securely contained in a locked container. Then, police officers arrive and handcuff the traveler. The gun owner is taken to jail, and has to wait for a hearing. They have to wait in jail until it’s their turn. The gun owner discovers he’s facing a felony, even though he followed the rules.
There are 3 state and city laws which affects those visiting, or traveling through New York.
- New York City Administrative Code Title 10, Section 3
- NY State Penal Law Article 265
- NY State Penal Law Article 400
The laws stated above make it difficult for New Yorker’s to get permits to own or carry weapons. The laws restrict the type of weapons which can be owned, or the types of ammunition a person can have, in addition to the number of bullets the magazine can hold. New York City has some of the mot restrictive laws when it comes to carrying guns. People who travel from other states are expected to know about these laws. It’s the responsibility of travelers to be aware and to abide by the rules. Many people who visit from other states believe that if you follow TSA rules – that is enough. But unfortunately, you have to also follow the NYC rules. Spodek Law Group, is a criminal defense law firm founded by two former prosecutors, and is capable of handling virtually any legal situation you have.
Penalties for NY Gun Crimes
New York state penal law article 265 imposes mandatory penalties for the criminal possession of a firearm.
4th degree – You can be charged with a Class A misdemeanor for possessing any firearm. (Section 265.01)
3rd degree – You can be charged with this Class D felony if you have prior criminal convictions. You can be charged with this offense if you possess a firearm silencer, a weapon adaptable for use as a machine gun, or disguised gun, or assault weapon, or a large capacity ammunition feeding device, or if you have three or more firearms
2nd degree – You are charged with a Class C felony if you have a machine gun, a loaded firearm, 5 or more firearms, or a disguised gun
1st degree – You can be charged with a Class Be felony if you have 10 or more firearms in your possession
Second degree criminal possession of a weapon, is one of the most common felony charges that are imposed on people who bring guns with them when coming to NY. It carries a minimum penalty of 3.5 years in prison, assuming you have no past convictions. You could face a maximum sentence of 15 years.
What to expect
New York prosecutors look at tourists, who are guilty, differently than thugs who have weapons in their possession. You may get softer treatment, than what a criminal might, but you’ll still face some penalties. You may find yourself pleading guilty to lesser offenses. You could face fines, have a criminal record, get mandated community service, and have your guns seized and destroyed. Our criminal attorneys will do everything possible to prevent your life from being disrupted, and to help you. We will work hard to resolve your case, and get you a not guilty verdict.