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May 3, 2017

New York Penal Code 265.35: Prohibited Use of Weapons

The law frowns on the dangerous or irresponsible discharge of a firearm anywhere, and New York has some of the strongest gun and weapons laws in the United States. As per the New York Penal Code section 265.35, it’s a crime for a person to:

  • Hunt with a dangerous weapon in a county wholly embraced by a city
  • Shoot a gun at an aircraft, train, car, bus
  • Point a firearm at or discharge a firearm when it is pointed at another person
  • Maim or injure another person with a firearm unless it is in self defense

Here’s an example
The Yankees win the World Series against the Mets in seven games. An ecstatic Yankees fan goes out into his yard and fires his shotgun into the air in celebration. The guy didn’t point the gun in the direction of anybody or anything but the sky, but what goes up must come down. The discharge of the shotgun was witnessed by the neighbors on both sides of the shooter. The neighbor who is a Mets fan calls 911 and says there’s a guy outside shooting a gun. If arrested for that act, the Yankees fan would likely be found guilty of the prohibited use of a weapon.

Defenses to prohibited use of a weapon
New York Penal Code section 265.35 contemplates certain defenses. First and foremost is the performance of the official duties of a police or peace officer. Those duties are quite broad. Self defense is also addressed. The criminal jury instructions for New York Penal Law 35.15(2) involving justification and the use of deadly force elaborate at length on self defense. Other viable defenses like denying discharge of the weapon, somebody else firing the weapon and unintentional firing can also be raised. Remember that the prosecution has the burden of proof in any criminal case. It must prove the defendant guilty beyond a reasonable doubt.

Prohibited use of weapons can be charged as a misdemeanor or a felony
You’ll want an experienced and effective NYC criminal lawyer representing you on any weapons charge. A misdemeanor conviction for prohibited use of a weapon carries a jail sentence of up to 364 days in jail. A felony conviction is punishable by up to seven years in prison. Any conviction involving a weapons offense can follow you for life.

We leave no stone unturned
Don’t give police a statement or a confession. Upon being arrested, you have the right to remain silent along with the right to an attorney. The prosecution will only try to use your statement, confession or both of them against you in the future. When we’re retained, we’ll review all police reports and the like and then we’ll interview any witnesses. We start looking for any technical procedural errors involving your arrest right away. Sloppy police work can often lead to a dismissal. Then we’ll interview any occurrence and post occurrence witnesses. We want every piece of evidence that the state has against you along with any evidence that’s favorable to you. If witness statements are conflicting, those help us in raising reasonable doubt.

Call us first upon any arrest for a free consultation and case evaluation. We’ll advise you of your options. Then we’ll also advise you of how to best protect your rights and interests. We’re available toll free at 888-981-9185 24 hours a day 365 days a year. Exercise your right to remain silent along with your right to the defense attorney of your choice. Contact us immediately after any arrest. Your job, freedom and future all need to be protected.

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Brooklyn

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New York, NY 10005

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Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.14th Floor
Brooklyn, NY 11201

Phone

888-977-6335

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