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New York Gun Control Laws
The U.S. Constitution Second Amendment provides for citizens to bear arms, in order to protect families and properties. Although Article 2, Section 4 of the New York Constitution states that these rights will not be infringed, the state has some of the strictest laws for possession and ownership on the books for any state. For example, when applying for a permit, references are required.
Carrying Guns and Possession Laws: Penalties & Regulations
Penalties and regulation for illegal possession of a firearm are necessary in every state. Unfortunately, minors often have access to a weapon; and, a felon forfeits the right to carry a gun. Therefore, when weapons laws are broken, penalties are given, for the purpose of protecting the general public.
- Possession of a loaded gun is a Class C violent felony, punishable by 3.5-15 years in prison
- Criminal possession of a weapon is a Class B felony
- A person is guilty of criminal possession in the second degree, if found with a gun that has been altered
Requirements:
|
|
Permit |
Registration |
License |
Age |
|
Shot Guns |
No |
No |
No |
18 |
|
Rifles |
No |
No |
No |
18 |
|
Hand Guns |
yes |
yes |
yes |
21 |
New York Gun Purchasing Laws
New York has some of the strictest laws in the states, regarding the purchase of a gun. A permit is required before buying a handgun. In addition, letters of recommendation are necessary, in order to verify the character of the buyer. The regulations are strict and subsequent penalties for disregarding the laws regarding the purchasing of firearms are harsh.
Penalties & Regulations for Illegal Purchases
The regulations for purchasing firearms in the state of New York are strict. However, the laws are even more stringent within the city of New York. Residents have the right to own a weapon; but disregard for any of the laws will result in swift revocation of that right, penalties, and fines. For example:
- Sale of a firearm to a minor is a Class C felony, with a sentence up to 15 years
- 20 or more firearms sold or given to another is a Class B felony that can result in 25 years imprisonment
- Criminal purchase of a gun is a Class A misdemeanor
Requirements:
|
|
Permit |
Registration |
License |
Age |
|
Shot Guns |
No |
No |
No |
18 |
|
Rifles |
No |
No |
No |
18 |
|
Hand Guns |
Yes |
Yes |
Yes |
21 |
Firing Handguns and Self Defense
Firing handguns for the purpose of self-defense is legal in the state of New York. However, the laws are even stricter within New York City. Even the transportation of weapons is strictly prohibited in the state. The penalties can be severe for offenses like:
- Unlawful carrying of a firearm is punishable by a $150 fine and up to 150 days in prison
- Keeping an assault weapon means up to a year in jail and a $1000 fine
Legal Help
People facing weapons charges in New York definitely need the services of an excellent criminal attorney. The regulations are strict, and so are the punishments. A lawyer can discuss options and possibly obtain a lighter sentence, if the client is found guilty. For example:
- Maximum sentence for a Class B felony is 25 years
- Maximum penalty for a Class C offense is 15 years
- An addition five years is added to a sentence, if a weapon is used in the commission of a crime
