In addition to the possession, use, and sale of firearms, New York also has a number of firearm-related crimes pertaining to firearm components. The most notable of New York’s weapons charges for Bump Stock-related parts. New York’s ban on bump stocks took effect around the end of 2019.
Possession, manufacture, disposal, and transfer of large-capacity ammunition feeding systems and firearm silencers are likewise prohibited under New York’s gun laws.
New York’s 2019 Bump Stock ban included definitions for rapid-fire modification device, bump stock, trigger crank, binary trigger system, and burst trigger system to the Penal Law. The terms listed below are defined as
• “Rapid-fire modification device” refers to any bump stock, trigger crank, binary trigger system, burst trigger system, or other device intended to increase the rate of fire of a semiautomatic firearm, rifle, or shotgun.
• “Trigger crank” refers to any device or instrument that repeatedly activates the trigger of a semi-automatic firearm, rifle, or shotgun by turning a lever or other part in a circular motion.
• “Burst trigger system” refers to any device that, when installed in or attached to a semi-automatic firearm, rifle, or shotgun, modifies the trigger reset to allow the weapon to fire two or more bullets with a single pull of the trigger.
In addition to the 2019 prohibition on bump stocks, New York enacted a series of stringent gun restrictions that redefined a high-capacity ammunition feeding device. The maximum magazine capacity was reduced in 2013 by New York’s Secure Ammunition and Firearms Enforcement Act (SAFE Act).
Prior to the passage of the SAFE Act, the legal capacity of a magazine was ten rounds. The SAFE Act lowered the maximum number of bullets allowed in a feeding device to seven. A federal judge rejected the lower limit roughly one year after the SAFE Act was implemented, therefore the legal capacity of a magazine feeding device in New York remains 10 rounds.
Crimes in New York Related to Criminal Possession of Firearm Parts
• Unlawful Possession of a Large Capacity Ammunition Feeding Device • Unlawful Possession of Specific Ammunition
Possession of a Bump Stock or Rapid-Fire Modification is a Felony
New York’s restriction on bump stocks is codified in Penal Law section 265.01-c, Criminal Possession of a Rapid-Fire Modification. In 2019, the law was passed. A bump stock is a device that increases the firing rate of semiautomatic firearms. As a response of the 2017 mass shooting in Las Vegas, New York enacted a ban on bump stocks. The offense is a misdemeanor of class A.
When a person knowingly possesses any rapid-fire modification device, he or she is charged with Criminal Possession of a Rapid-Fire Modification.
Possession of a Rapid-Fire Modification Is Illegal Criminal Possession of a Rapid-Fire Modification is a misdemeanor of the first degree. The maximum sentence is one year in prison. As with other misdemeanor weapons or guns charges in New York, an effective and knowledgeable criminal defense can obtain a non-criminal outcome or dismissal in a Criminal Possession of a Rapid-Fire Modification case.
Regarding bump stocks, the range of results relies on the given case’s additional charges. The two most significant elements in deciding the likely outcome of a Criminal Possession of a Rapid-Fire Modification case are the presence of additional charges involving weapons and the defendant’s criminal background.
Allegations involving bump stocks necessitate a competent and experienced gun defense attorney.
The Law Office of Benjamin Greenwald is a criminal defense attorney in New York that specializes in the illegal manufacture of firearms. Based in Orange County, the firm has represented clients accused of manufacturing firearms in violation of state and federal law. The attorneys at the Law Office of Benjamin Greenwald have experience in both trial and appellate courts and are committed to providing their clients with the best possible defense. If you or someone you know has been accused of illegally manufacturing firearms, contact the Law Office of Benjamin Greenwald today for a free consultation.