New York Penal Law 265.11: Criminal sale of a firearm in the third degree is a class D felony. The guilty party under this law is not an authorized gun holder or seller. Beyond possessing the weapon illegally, under 265.11 one must also have sold, exchanged, gave, or disposed a firearm. Under this legal stature, a high capacity ammunition device is also classified as a firearm. One charged with Criminal sale of a firearm in the third degree could also be in possession of such a device with the intent to sell it.
There are related offenses to 265.11. One of these is New York Penal Code 265.01-a: Criminal possession of a weapon on school grounds. Another related offense is New York Penal Code 265.13: Criminal sale of a firearm in the first degree.
An example of New York Penal Law 261.11 is of course if police are witness to an illegal transaction of a firearm. For instance, officers happened upon a sale of a pistol either by surveillance or through coincidence. The seller in this instance would be charged with Criminal sale of a firearm in the third degree.
Another example would be if police arrested an individual for illegal possession of a firearm. If upon interrogation, the one who had the weapon told the officers who sold them their gun, police could then arrest the suspected seller under Criminal sale of a firearm in the third degree.
A final example relates to searching the house of an individual with an official search warrant. Police officers may locate several weapons and ammunition, for instance two of the same pistols held in a storage device with a price tag. Officers could then arrest the weapon owner under Criminal sale of a firearm in the third degree, as there is a clear intention to sell these firearms.
The most obvious defense of Criminal sale of a firearm in the third degree would be challenging the search from police that led to the discovery of such a firearm. Police are subject to strict guidelines for stopping an individual and searching them. There are also guidelines in place that prevent the searching of one’s home. If the police involved in the case violated these regulations in any way, then it is possible to break the case of the prosecution. It is possible to argue that police stopped an individual for racially motivated reasons instead of qualified intelligence or probable cause. If this is the case, then one has a chance to fight New York Penal Code 261.11.
Another possible defense is challenging the fact that the one in possession of the firearm had intent to sell or distribute it in any way. While holding an illegal firearm in the first place is against the law and subject to penalty, the sale of such weapons is a much heavier charge. A NYC defense lawyer could argue that the weapon was never on the market and there was no chance for its distribution. In this way, it is possible to fight the charge of Criminal sale of a firearm in the third degree.
Being that New York Penal Code 261.11 is a class D felony, such a conviction carries a possible prison term of up to seven years. The severity of the prison time is depending upon the individual’s criminal history. For instance, if one was previously convicted of a felony, the term is likely to be longer. There is also a possible fine attached to 261.11.
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