Last Updated on: 26th July 2023, 08:56 pm

Dealing with Firearms in New York: Understanding the Ins and Outs

Hey there, let’s dive straight into this. You must’ve heard about all the gun-related incidents making headlines in recent years, right? Well, it’s made us all take a closer look at gun control and tightening gun laws. You may have heard of the PLAX law passed by New York in 2006 – this law really put the spotlight on New York as a state with tough firearm possession laws.

If you’re a New Yorker and own a firearm, it’s gotta be licensed and registered. No exceptions. Got an unlicensed firearm? That’s illegal, mate. Cops are really cracking down on this – they’re all about getting as many illegal firearms off the streets as they can. The court system’s backing them up with some serious sanctions for anyone who’s bold enough to flout these laws.

What’s New York Penal Code 265 All About?

So let’s break down New York Penal Code 265. This penal code gets into the nitty-gritty of firearm laws, with section 265.13 focusing on the criminal sale of a firearm in the first degree.

Think about it this way: if someone, who’s not legally authorized to own a firearm, decides to sell, gift, or exchange 10 firearms over a year, that’s what the law calls a criminal sale of a firearm in the first degree. Firearms here cover everything – pistols, rifles, shotguns, handguns, assault weapons, machine guns, and a whole lot more.

Violation of this code is no joke – it’s considered a class B felony, and carries hefty prison time plus fines and probation. If you’ve got a clean record, the mandatory minimum prison sentence is 5 years. But if you’ve got priors, the mandatory minimum sentence jumps to 10 years. And the maximum sentence can reach up to 25 years in state prison with a potential fine of up to $30,000. Pretty severe, right?

A Case in Point

Let’s paint a picture here. You’ve probably heard of gun shows – popular places where firearms are bought and sold. If a vendor at a gun show was selling guns they’re not legally allowed to own, and sold at least 10 guns, that’s a violation of NY Penal Code 265.13. And it’s not like they have to sell them all at once or to a single person. The sales can add up over a year. Say, the vendor hits ten different gun shows over 12 months and sells one gun at each show. If they’re not authorized to own the guns, that’s a first-degree criminal sale.

What a Sharp Attorney, like Todd Spodek, Might Advise

A smart attorney, like Todd Spodek at the Spodek Law Group, can study the case from all angles and figure out the best defense to get the charges reduced or maybe even dropped. If the gun owner can prove they legally owned some of the guns and they were properly licensed and registered, that’s one angle. Less than 10 guns would knock the crime from first degree charges and that could significantly affect sentencing.</p

Law Enforcement: What They Can and Can’t Do

Also, remember there are strict laws about when cops can stop and search someone. A good defense lawyer, like Todd, can bring up any violations of these rules in defense.

Firearm Trafficking: A No-Go Zone

Look, trafficking in illegal firearms is a serious offense. Neither law enforcement nor the court system is going to turn a blind eye to it. In New York, especially, they’re pretty gung-ho about keeping the public safe from gun-related crimes. If you ever find yourself charged with something like this, the first thing you should do is reach out to an attorney, like Todd Spodek.

Another Chapter in the Penal Code: 265.11

Let’s also talk about another part of the New York Penal Code 265.11. This one deals with the criminal sale of a firearm in the third degree. This is a class D felony and typically involves someone who’s not an authorized gun holder or seller. If they have a weapon illegally and sell, exchange, or give away a firearm, they’re violating 265.11. This law even treats a high-capacity ammunition device as a firearm. So, if you’re in possession of such a device and plan to sell it, you could face charges under this law.

There are a few offenses related to 265.11, such as New York Penal Code 265.01-a, which deals with the criminal possession of a weapon on school grounds, and New York Penal Code 265.13, which we talked about earlier.

Let’s Go Through a Few Scenarios

Imagine the cops witness an illegal transaction of a firearm. Let’s say they see a sale of a pistol either by surveillance or pure coincidence. The seller would be charged with criminal sale of a firearm in the third degree.

Or, say the police arrest someone for illegal possession of a firearm. If the person who had the weapon tells the officers who sold them the gun, the police could then nab the suspected seller under the same law.

And one more example for you. The cops get a search warrant, check out someone’s house, and find a couple of identical pistols in a storage device with a price tag. That’s a clear intention to sell those firearms, and the weapon owner could be arrested under this law.

Possible Defenses, According to Todd Spodek

The first defense that comes to mind is challenging the search by the police that led to the discovery of the firearm. Cops have to follow strict rules when stopping someone and searching them, or when searching someone’s home. If the officers involved in the case didn’t stick to these rules, the case could fall apart. For example, if you can show that the police stopped you because of your race rather than having solid intelligence or probable cause, you’ve got a fighting chance against Penal Code 261.11.

Another defense is disputing the intent to sell or distribute the firearm. Sure, possessing an illegal firearm is against the law and comes with penalties, but selling such weapons is a heavier charge. A top-tier NYC defense lawyer could argue that the weapon was never on the market and there was no intention to distribute it. That could potentially fight off the charge of criminal sale of a firearm in the third degree.

Penalties for Breaking Penal Code

261.11

Being convicted under New York Penal Code 261.11, a class D felony, can lead to some serious time in prison – up to seven years. How long you’d serve depends on your criminal history. For instance, if you have a prior felony conviction, you’re likely to serve a longer sentence. On top of the prison term, you could also face fines.

Remember, these are serious charges and penalties we’re talking about here. If you’re ever in such a situation, get yourself a lawyer, like Todd Spodek, ASAP. Stay safe out there!