Do you own a gun in New York? Do you know all of the laws and regulations? Being in possession of a certain type of gun could lead to a criminal charge. Read on to learn the laws on purchase, possession, and carrying of firearms, including rifles and shotguns. If you have been charged with a felony or misdemeanor due to a criminal possession, contact a trustworthy and reliable criminal lawyer in New York today. The law office of Lisa Pelosi can confidently handle your case.
Purchase of Firearms
- In the state of New York, there is no permit required to purchase a rifle or shotgun, except if you live within the city of New York. Before you purchase a handgun, you must have a license to carry or possess a pistol or revolver.
- If you are a resident of New York, the purchase of a rifle or shotgun in a border-sharing state is legal if you are eligible to possess the firearm under the New York law.
- Due to the SAFE Act, private sales, exchanges, or disposals of firearms will require a criminal background check. The background check needs to be identified and approved by the superintendent of state police to ensure that the check was completed.
- If you purchase a firearm knowing that you are prohibited by the law to be in possession of a firearm, this will result in a felony charge. A prior conviction or some other legal disability could prohibit you from purchasing a firearm.
Possession of a Rifle or Shotgun
- If a rifle’s barrel is at least 16 inches and a shotgun’s barrel is at least 18 inches in length, there is no state license requirements to possess a rifle or shotgun.
- A “firearm” includes any pistol, revolver, shotgun whose barrel is less than 18 inches, a rifle whose barrel is less than 16 inches, or an assault weapon.
- If you have been convicted of a felony or a serious crime or are certifiably not suitable to possess a rifle or shotgun (mentally incompetent), it is illegal for you to possess a rifle or shotgun.
- It is illegal to possess a loaded firearm and could result in a felony. However, it is legal if the firearm is in a person’s home or business.
Possession of a Handgun
- A license is required to possess a handgun. An application for a license must be submitted to the city or county where you reside and the approval of a license is determined by a licensing officer.
- A license may be granted if you are over 21 years of age, have never been convicted of a felony or a serious crime, has not had a licensed revoked, has not been dishonorably discharged, and other specific factors.
- For each handgun in possession, it must be listed in the license by the make, model, caliber, and serial number.
Carrying a Handgun
- Your handgun license must note whether you are allowed to carry the handgun on your person or on specific premises. For the license to allow the carrying of a handgun outside the home, there must be “proper cause.”
- You are required to carry the license with you at all times when the handgun is on your person.
As you can see, there are many details related to laws regarding the purchase, possession, and carrying of a handgun. If you are facing criminal charges, contact a criminal lawyer as soon as possible. For an expert opinion, advice, or guidance, the criminal lawyer Lisa Pelosi has years of experience to help you through your specific situation. Call today for a consultation.