New York Concealed Weapon Charges

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New York has very restrictive gun control laws, and the state may issue a concealed weapons permit only if the individual can prove there is sufficient need for self-protection. The requirements may vary by the county where the individual applies. Certain jurisdictions require the applicant to undergo a mental health screening, while others may require the applicant to complete a firearms safety course. Anyone who is denied a permit can have the decision overturned by the court if he or she can prove the decision was unfair or biased. New York does not honor concealed weapon permits from any other state in the nation.

New York's Weapon Laws

New York requires a permit for you to purchase handguns, and owners must register their weapons. It is illegal to carry any rifle or shotgun on your person or in a vehicle without a valid permit and registration certificate. A loaded handgun can be carried in a vehicle if you have a carry license. Residents with valid concealed weapon permits are still prohibited from carrying their handguns in the following places:

  • All school grounds, including college and university campuses
  • Public campgrounds (unless it is during the spring and fall hunting seasons)
  • State parks
  • The grounds of Lake George Battlefield Park
  • The grounds of Zoar Valley Multiple Use Area (except during small and big game hunting seasons)
  • Foot Trail Easements of the Adirondack Mountain Reserve (Carrying or possessing a firearm on certain trails is prohibited.)

Individuals who have valid concealed weapon permits are also prohibited from carrying their guns in New York City unless they have secured permission from the office of the New York City police commissioner.

Concealed Weapon Violations and Penalties

Penalties for violations in New York are listed below.

Type of Crime

Description of the Offense

Jail Time & Amount of Fine

Class A misdemeanor

Carrying a firearm onto school property

Convicted felon possessing a shotgun or rifle

Any non-US citizen possessing a deadly or dangerous weapon

Up to 1 year in jail

A fine of up to $1,000

Class D felony

Possessing, manufacturing, transporting or disposing of any large-capacity ammunition feeding device

Up to 7 years in state prison

A fine of up to $10,000

Class C felony offense

Criminal possession of a weapon in the second degree for the following violations:

possessing a deadly weapon with the intent of unlawfully using it against another person (machine gun, loaded firearm or disguised gun),

possessing five or more firearms,

possessing a loaded firearm unless at your place of business or residence

Up to 15 years in state prison

A fine of up to $20,000

Class B felony

Criminal possession of a weapon in the first degree for the following violations:

possessing an explosive substance with the intent to unlawfully use it against another person,

possessing 10 or more firearms,

possessing a deadly weapon on the grounds of any mental health facility licensed by New York

Up to 25 years in prison

A fine of up to $30,000

New York Plea Options

Once you have been arrested and charged with a crime, you will be brought before a judge. The first time is usually the arraignment hearing where you must enter a plea to the charges against you. Your plea options include the following:

  • Not guilty to all charges—The prosecution has the burden of proving guilt beyond a reasonable doubt. In some cases, an illegal search or seizure could get the case dismissed.
  • Guilty—Criminal defendants who enter a guilty plea give up their right to a trial.
  • "Nolo contendere"—The defendant does not admit guilt but also doesn’t contest the charges against him or her.

State prosecutors are often backlogged with criminal cases and don’t have time to prosecute everyone. They might be willing to offer a plea bargain in exchange for your pleading guilty to a misdemeanor rather than a felony offense.

Legal Help from a New York Criminal Defense Attorney

Weapons charges are very serious offenses that carry a minimum time behind bars. Don’t risk your future by trying to represent yourself or rely on an inexperienced public defender. Contact a criminal defense attorney who knows how the criminal justice system works and has represented other clients charged with this kind of offense.

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