People who illegally possess weapons are susceptible to weapons charges in the state of New York. Criminal possession of a knife, handgun or a multitude of other weapons can be grounds for weapons charges. It is also a crime in New York State to sell, distribute or manufacture weapons.
Weapons charges can also be incurred if a person commits a violent crime while possessing a weapon – and as a New York City Gun Possession Defense Attorney, these are the types of cases I handle regularly.
The most common weapons arrests in New York are for minor weapons charges. Many people are being arrested for the possession of weapons when they may not have known that what they were carrying was illegal. The following weapons are all illegal in New York State:
- Switchblade knives
- Billy clubs
- Blackjacks
- Metal knuckles
- Chuka sticks
- Slingshots
- Kung fu weapons
- Cane swords
You can get up to a year of jail time for simple possession (or “naked possession”) of any of the weapons listed above. In fact, if you brandish any object that could conceivably be used as a weapon, such as a stick or cane, you could be arrested on a weapons charge.
Handguns in New York City
All handguns in New York State and NYC must be licensed and registered. A handgun that is not licensed and registered is considered an illegal weapon. Anyone that carries an illegal weapon can be charged with a weapon offense. Even if the illegal weapon is not carried on your person but is on your property, you can still be charged with constructive possession or presumptive possession.
New York State has continually amended its gun laws, increasing the penalties for possession of an unlicensed weapon, specifically, guns.
The current law in New York states that if you are convicted of felony Criminal Possession of a Weapon and it’s a hand gun, a conviction requires that the judge issue a mandatory sentence of 3 1/2 years in prison