Penal Legislation 265.01(9) & Associated Prison Possession of a Weapon Felonies — New York Prison Lawyer Weblog — December 25, 2022


Even earlier than New York codified its “ghost gun” particular crime by Penal Legislation 265.01(9), any legal lawyer, prosecutor, or decide would seemingly let you know that New York State had, and has, among the strictest firearm legal guidelines on the books. Actually, possessing an unlicensed and loaded firearm outdoors your property or place of job, whether or not in your particular person, in your automobile, and even carried within the exhausting sided case you might be checking your out-of-state licensed pistol at JFK or LaGuardia Airport in Queens, is a category “C” violent felony pursuant to Penal Legislation 265.03. Punishable by a compulsory minimal of three.5 years in jail irrespective of you probably have a conceal carry allow elsewhere and no intent to make use of it a criminally, Second Diploma Prison Possession of a Weapon is among the most critical unlawful gun offenses within the state however on no account the one one. With the proliferation of do-it-yourself weapons, rifles, and shotguns, aka, “ghost weapons”, constructed with frames bought on-line or crafted from 3D printers, New York District Attorneys and police departments, together with the NYPD, now have a number of weapons of their arsenal to implement the legislation and guarantee compliance with the legal code.

Setting apart different felony offenses, comparable to these for unlicensed firearms that aren’t loaded, together with Prison Possession of a Firearm, a category “E” felony pursuant to Penal Legislation 265.01-b, residents and guests alike ought to familiarize themselves with the 2022 modification or modification of the prevailing class “A” misdemeanor of Fourth Diploma Prison Possession of a Weapon.

Penal Legislation 265.01(9): Fourth Diploma Prison Possession of a Weapon

You’re responsible of criminally possessing a ghost gun when not approved to take action as a licensed firearms supplier or gunsmith, you possess a gun of this sort figuring out that it’s a ghost gun. A category “A” misdemeanor, this offense carries a possible sentence of 1 12 months in a county jail (Rikers Island, Westchester County Jail, and so on.)

Penal Legislation 265.00(32), (8-a), and 265.07: Defining Ghost Gun

As a preliminary matter, a ghost gun needn’t be a firearm. The statute, in keeping with Penal Legislation 265.00(32), additionally encompasses rifles and shotguns. What makes these weapons totally different from others bought from a supplier is that they lack a visual identification quantity, or another demarcation required of producers or importers. In different phrases, as mirrored in Penal Legislation 265.07, the gun shouldn’t be “serialized”.

“Serialized”, outlined in Penal Legislation 265.00(8-a), is pretty straight ahead and depends on Part 923 of Title 18 of the USA Code. That’s, in pertinent half, to be “serialized” the weapon have to be imprinted or marked with a visual identification quantity.

Lastly, if going from one definition to a different wasn’t sufficient, Penal Legislation 265.07 dictates that if you’re a licensed gunsmith or supplier, you have to engrave or stamp any unserialized gun in your possession. Additional, not solely should you serialize the weapon, you, as a licensed supplier or gunsmith, should additionally register that gun to be absolutely compliant with the legislation. In different phrases, if you’re not one of many choose professionals adhering to the legislation, your possession is against the law.

Penal Legislation 265.01(9): The Final Phrase on Ghost Weapons

By itself, possessing a ghost gun is against the law. Although “simply” a misdemeanor, upon your arrest you’ll seemingly even be charged with felony Prison Possession of a Firearm, Penal Legislation 265.01-b, along with Penal Legislation 265.01(9). The place issues go from unhealthy to worse, nevertheless, is when that weapon is loaded and violates one other legislation comparable to being carried outdoors your property or place of job. If the ghost gun is a pistol or revolver, and it’s loaded as a matter of legislation even and not using a bullet within the chamber, the offense can, and you must count on it would, rapidly graduate to a violent felony. Sadly for you, even should you thought you have been compliant, being unaware of the legislation is not any protection.

Whether or not you might be visiting New York or dwell in any a part of the state, don’t up finish your life and throw your liberty and profession into jeopardy. Be sensible and comply with the legislation. Constructing or carrying ghost weapons is against the law in any situation. Equally vital, don’t forget…possessing a firearm with out the precise allow to hold it within the particular location you might be doing so will very seemingly land you in handcuffs and in a jail cell awaiting your felony arraignment.

To study extra about New York weapon crimes from knives, knuckles, and batons to revolvers, pistols, and ammunition, comply with the highlighted hyperlinks.

Saland Legislation is a legal protection agency based by Jeremy Saland, a former Manhattan prosecutor who served underneath Robert Morgenthau. Saland Legislation represents people accused of Penal Legislation Article 265 gun and weapon crimes all through the Metropolis of New York, at Queens County Airports, and in Westchester, Rockland, and different suburban and metro-area counties.

 

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