In addition to its stringent gun laws, New York has several restrictions governing the manufacture, transportation, and disposal of firearms and firearms accessories such as bump stocks, large capacity ammunition feeding devices, and firearm silencers.
Under Penal Law Section 265.10, it is unlawful to:
• Produce or cause the production of a bump stock or rapid-fire modification device.
• Transport or ship a bump stock or rapid-fire modification device; or
• Dispose of a bump stock or rapid-fire modification device.
New York Transportation of Firearms
Numerous individuals legitimately utilize their Second Amendment rights in their various states and enjoy the right to own and carry a firearm. These individuals may own firearms for sport, protection, tradition, or another purpose. Regardless of the cause, it is imperative that anybody who owns a handgun and expects to travel to or through New York understand the state’s gun regulations and how to transfer a firearm legally into or through the state.
The transportation of weapons is governed by several rules and restrictions everywhere, and New York is no different. As soon as possible, a person must contact an experienced gun attorney to fully comprehend these numerous, intricate restrictions.
Constitutionality of Transport
Even after attempting to educate themselves on traveling with their firearm in or through New York, many gun owners believe that because they have a license or permit in their home state, took the classes for certification, and underwent background checks on all their gun purchasing and licensing, that their right to own and possess their guns extends to the state, or that they can at least travel through New York to another state or states with their guns.
If a person is stopped by law police and a firearm that is illegal to possess in this state is discovered in their hands, they may face substantial accusations and penalties, including state jail time and a criminal record. Before transporting a firearm in or through New York, or after being arrested and charged with possession of a firearm, a person must consult with an experienced attorney to avoid these repercussions, or at the very least after being arrested and charged with possession of a firearm.
Gravity of a Gun Offense
Possession of a firearm in New York without a permit is more than a minor infringement, even if the individual is fully honest, has a valid cause for possessing the firearm while traveling through the state, and has no knowledge or intent to violate any laws. It is a serious accusation, and many prosecutors will argue that there is no justifiable reason to avoid a conviction. This means that a person who legally purchased their handgun in another state and possesses all the required licenses and education regarding gun ownership is now likely to be charged with a felony and/or face imprisonment for the transportation and/or possession of their firearm. To mitigate the consequences associated with the offense, it is vital that the offender consult a skilled attorney immediately.
In the state of New York, one cannot possess a firearm without the proper permits and licenses, whether for open or concealed carry. Without the required license, the individual violates the law. In some states, even for handguns, there are no licensing requirements, but that is not the case in this state. Moreover, even if the gun is not loaded, and even if that was a deliberate and conscientious precaution taken by the gun owner, if the ammunition is accessible and readily available to load into the firearm, the law will presume that the weapon was loaded, which can result in even harsher charges and punishment. At that time, the individual’s transportation and possession are far more serious. Absent an exception in federal law, illegally transporting and possessing weapons is always a crime.
Transportation Inside the State
In New York, no one may possess a handgun without a license. A person must obtain a permission and a license for each jurisdiction in which they intend to carry a firearm, which is typically split down by county. Add to that the fact that, as one might imagine, New York City has its own unique and additional limitations on the possession and transit of guns.
If you have been charged with the illegal transportation of firearms in Orange County NY, you need an experienced criminal defense attorney on your side. The Law Office of Benjamin Greenwald has successfully represented clients facing similar charges, and we can put our experience to work for you. Attorney Greenwald will thoroughly review the facts of your case and develop a strong defense strategy that is designed to get the best possible outcome. We understand the seriousness of these charges, and we will do everything we can to protect your rights and freedom. Contact our office today to schedule a consultation.