New York Penal Code 265.17: Criminal purchase or disposal of a weapon
Like many other jurisdictions, New York has strict laws regarding who is permitted to purchase a gun or firearm. They are also restrictive regarding who may sell any weapon, which requires a seller to have a proper license. If you are not permitted to purchase a gun, but do so anyway in an illegal manner, you will be committing a crime known as criminal purchase or disposal of a weapon.
The crime of criminal purchase or disposal of a weapon covers three main situations. These include buying a firearm if you are not legally able to, buying a firearm from someone that is not legally able to sell, or giving a firearm to someone that is not able to have a firearm by law.
Unfortunately, criminal purchase or disposal of a weapon is a common crime and there are many examples of this. One common example occurs after a felon has been released from piton. Depending on the sentence and crime, a felon could be prohibited from buying a gun for life. However, if they end up purchasing a gun anyways, they will be violating the criminal purchase or disposal of a weapon law.
If the buyer goes through the legal process, but commits fraud on the application, it could lead to additional chargers. Furthermore, if the buyer of the gun then gives the gun away, they could be charged with an additional charge of criminal purchase or disposal of a weapon.
Common Defense Practices
When someone is charged with criminal purchase or disposal of a weapon, it would be a good idea to hire an attorney for defense. A NYC criminal defense attorney will have plenty of experience in defending against this charge and related offenses. One of the most common ways to defend against a charge of criminal purchase or disposal of a weapon is to challenge the manner in which the crime was uncovered.
During the criminal trial discovery and proceedings, the method in which the gun was discovered will be discussed. There are clear rights and rules that determine the methods in which the police may search your car or your home. If it is determined that they entered your property without a warrant, the search could be considered unlawful. This could then lead to a full dismissal of the case.
Sentence and Penalties
The crime of criminal purchase or disposal of a weapon is considered a Class D penalty, which can come with severe penalties. The maximum sentence that can be charged is 7 years in prison. However, if this is your first time being charged with a crime, the judge will likely be more lenient and you may avoid prison time altogether.
In most cases, the actual amount of time that you spend in jail will depend on your prior criminal record. Those that have had a felony charge in the past will be required to spend at least 2 years in jail and could receive a fine of up to $10,000.
In conclusion, criminal purchase or disposal of a weapon is a serious crime that can come with significant penalties. If you have been charged with this crime, or a related offense, it would be a good idea to hire an attorney to help. A NYC criminal attorney will be able to negotiate with prosecutors and handle any deliberation in court. Those that hire NYC criminal lawyers will generally receive shorter prison sentences and penalties than those that do not hire legal support.