If you knowingly accept a stolen firearm in New York State, you may be charged not only with illegal possession of a firearm without a license, but also with criminal possession of stolen property in the fourth degree. These charges are an extremely serious matter, and must be handled appropriately. In addition, many individuals may inadvertently come into possession of stolen firearms purchased or gifted in other states; discovering a weapon’s illicit past by accident can be an alarming experience. For guidance navigating these and many other questions related to firearm possession, consider reaching out to the experienced New York State weapon defense team at the Law Office of Benjamin Greenwald. Whatever your question or concern, we are happy to take your call. Schedule a personalized consultation today by calling (845) 567-4820.
State and Federal Firearm Possession Laws
The Second Amendment to the United States Constitution mandates that the people’s right to “keep” (i.e., possess) and “bear” (i.e., carry) weapons “shall not be infringed.” While some of the other terms set forth in the Constitution and its various amendments specifically limit the power of the federal government to impose restrictions on the rights of its citizens – although the First Amendment’s “Congress shall make no law” has often been taken to bind the governments of the individual states as well – the language with which the Second Amendment was drafted (and passed) enshrines the right to possess and carry weapons against infringement from any quarter.
Permissible Limitations and State Governments
As broad as the protection afforded by the Second Amendment is, it is not without limits. The Bureau of Alcohol, Tobacco, and Firearms notes a few types of weapons whose possession is illegal or restricted under the National Firearm Act (of 1934, with updated legislation in 1968 and 1986), while the nonprofit group Everytown Research explains that federal law generally prohibits new firearm purchases by individuals convicted of violent felonies (the group also points out the important distinction between purchase and possession). Individual states, meanwhile, have traditionally been allowed to impose their own requirements for gun permits (both the requirement that individuals obtain permits, and the requirements the individuals must satisfy in order to obtain those permits).
State laws restricting firearm possession can be, and sometimes are, challenged in the federal courts, as in the case of the New York State Rifle & Pistol Association vs. Bruen, taken up by the Supreme Court of the United States (SCOTUS) on appeal. The 2022 SCOTUS ruling in Bruen struck down portions of the challenged New York law that the court considered to impose overly restrictive requirements for obtaining certain types of gun permits. Laws requiring permits in and of themselves, however, have generally been left in place – including in NYSRPA vs. Bruen. A number of other state-level restrictions on gun ownership, such as limits on gun purchases by individuals convicted of violent misdemeanor crimes other than domestic violence, have generally been allowed to stand, and John Hopkins’ Bloomberg School of Public Health explains that another SCOTUS ruling, in 2024, upheld a Texas law prohibiting individuals subject to orders of protection in domestic violence cases from firearm possession.
New York State Firearm Regulations
Following the Supreme Court’s ruling in Bruen, the New York State legislature passed the Concealed Carry Improvement Act of 2022, removing the permit requirement the Supreme Court had found to be unduly burdensome and providing clarification on areas to be designated as “sensitive” locations and therefore subject to special restrictions on the otherwise broad individual right to carry weapons in public places. NYS Penal Code § 265.01 additionally prohibits the possession of certain weapons (by anyone), prohibits the possession of a larger set of weapons based on intent, and prohibits the possession of an even more expansive list of weapons by individuals convicted of any “serious” felony offense. The sometimes complicated intersecting definitions and applications reflect the state’s continuing efforts to navigate the balance between individual rights and public safety, but can easily leave New York State residents unsure of their rights under state law. An experienced weapon defense attorney with the Law Office of Benjamin Greenwald may be able to answer your personal questions about firearm possession in New York State.
Stolen Firearms and Possession of Stolen Property
Legal possession of any weapon meeting the definition of a “firearm” under NYS Penal Code § 265.00 requires a license issued pursuant to NYS Penal Code § 400.00. Generally speaking, the New York State firearm licensing requirement will apply to handguns, while rifles or shotguns may not require the type of scrutiny – except in New York City, which issues its own gun permits and maintains its own set of requirements. However, knowing possession of stolen firearms is generally illegal under most circumstances, not so much because of any issues related to gun control regulations as because knowing possession of stolen property is usually considered a violation of NYS Penal Code § 165, and NYS Pen. § 165.55 specifies a series of presumptions that establish the legal framework under which possession of stolen goods will typically be regarded as knowing and with intent to personal benefit.
State and Federal Reporting for Stolen Firearms
The Giffords Law Center reports that there is no federal mandate for individual gun owners to report loss or theft of their privately owned firearms (there is a requirement for federally-licensed gun dealers to report loss or theft of firearms to law enforcement). At the state level, however, NYS Pen. Code § 400.10 does require such reporting from individual gun owners. In addition, the process for pistol permit application and recertification administered by the New York State Police (NYSP) requires the applicant to complete an “inventory” of his or her firearms. During the recertification process, if an individual gun owner’s inventory has changed since the last time he or she renewed certification, the serial numbers for any new firearms must be entered on the recertification form.
Stolen Firearm Possession in New York State
Because of the inventory requirement for New York State handgun permits, individuals who inadvertently purchase stolen firearms are likely to discover their mistake after the serial numbers entered match those reported stolen, per state records. Inadvertent possession of a stolen firearm may not result in charges (although it is likely to result in seizure of the property for use as evidence). However, knowing possession of a stolen firearm can result in a charge of criminal possession of stolen property in the fourth degree, in addition to charges for possessing a firearm without a permit as provided under § 265.20. Other charges may be possible depending on the circumstances.
Charges for Criminal Possession of Stolen Property in the Fourth Degree
Stolen firearms belong within a longer set of items outlined in NYS Penal Code § 165.45 whose possession may lead to charges for criminal possession of stolen property in the fourth degree. The New York State Unified Court System (NYSUCS) offers some guidance for understanding how this charge applies, defining “knowing” as awareness that the property was stolen and “possession” as not only physical possession (i.e., holding the item in one’s hand or carrying it on one’s person) but also the exercise of control over the “tangible property.” For the purposes of determining the possession of stolen property charge, the “tangible property” may consist of a rifle or shot gun as well as a “firearm” as defined by Pen. Code § 165.00. Criminal possession of stolen property in the fourth degree is a Class E felony in the state of New York; a New York weapon defense lawyer may be able to help you determine whether negotiating a lesser charge is likely to be a possibility in your specific situation.
Speak With a New York State Weapon Defense Lawyer To Ensure You Understand Your Legal Rights
If you have been charged with criminal possession of stolen property in the fourth degree, you may wish to exercise your right to an attorney. If you are not currently facing charges, but have recently learned that an item you purchased in good faith was in fact a stolen firearm, you may also have a number of concerns about how to appropriately navigate the process of turning the stolen property over to authorities, without bringing yourself in for suspicion of illegal firearm possession due to a simple mistake. In either of these circumstances, it may be helpful to speak with a New York State criminal defense attorney who has experience handling stolen firearms cases and other potentially delicate matters, and who is prepared to defend clients’ rights before the law. Schedule your confidential consultation with a member of our team by calling the Law Office of Benjamin Greenwald today at (845) 567-4820.
