Tag Archives: gun charges

Felony and Guns

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Felony and Guns

syracusese-attorney-david-zukher-on-krockOn Krock, a listener called with this question: If I have a felony on my record, can I go to the range with my friends and just shoot the gun as long as I don’t own the gun?The quickest answer Attorney Zukher has ever given on the show~ “No.”

 “No, do not do it.”

New York State is one of the most serious when it comes to gun laws. Gun charges carry serious penalties on convictions. Folks with felonies on their records are urged to stay clear away from any sort of firearm for any purpose, even hunting, or a day at the shooting range.

If a felon is found in possession of a firearm, not necessarily their firearm-but any firearm, they will be arrested. The sentence doubles for these people because they are considered a predicate if their felony conviction was less than ten years old. Sentences for these crimes can carry prison terms of up to 14 years,

In case we weren’t clear, if you have a felony on your record, are on parole, or probation, do not go near a firearm. Don’t hunt with a firearm, take up fishing. Go to the driving range instead of the firing range. Don’t go to the gun show, go to the boat show. If there is a gun in the same room with you, leave the room.

A second listener called with a real dilemma: With a felony conviction on his record, his fiancee’ carries a pistol for work each day and is required to carry the firearm. What should someone in this circumstance do? Attorney Zukher advised the caller to take several steps; Ensure there is a gun safe at the home, and that it remains locked at all times, ensure proper safety precautions are taken, and finally to petition the judge for a Certificate of Relief from Disabilities. In the petition, explain to court the reason and the exception he is seeking, and it may be granted that he is permitted in the same household under certain circumstances depending on the variables of his particular case.

For more information on the Certificate of Relief from Disabilities see our related blog article Removing a Criminal Charge From Your Record. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.
See additional articles:

How do I remove a criminal charge from my record?

What you should know about Probable Cause

Self-defense or Crime? The Justification defense

Robbery vs Burglary

NY Room Presumption- Guns and Drugs belong to everyone

New York Gun Laws

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

NY Room Presumption- Guns and Drugs belong to everyone

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syracuse-lawyers-guns-drug-chargesNY Room Presumption- Guns and Drugs belong to everyone

We posted a blog awhile back titled Drugs in a car are Everyone’s Drugs- The Automobile Presumption. We received quite a bit of feed back on that, as many people were unaware that they could be charged with possession of not only drugs, but also weapons if they are in a car with someone who has drugs or weapons.

Addressing some of the questions and comments we heard from that post here, we also wanted to bring up another legal presumption here in NY State, the Room Presumtion.  New York Penal – Article 220 – § 220.25 Criminal Possession of a Controlled Substance; Presumption states that “The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in open view in a room…controlled substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found;…” Similar articles are in place for illegal weapons as well.

So you’re at a party where there are drugs, yes you can be charged with possession even if you were not using the drugs, touching the drugs etc… Same goes for illegal weapons. It’s important to note here, illegal weapons are not limited to guns when it comes to the Room Presumption. There are many items which can be considered illegal weapons.

Another important point as we discussed in our article Felony on your record? Stay away from guns! Is that merely being in the same room with a gun could violate a person’s parole, probation or even in just the case of a felony record result in a double sentence if considered a predicate if the conviction is less than 10 years old.

The take home message here, once again- choose your friends wisely. Know your surroundings and who is around you. The people you choose to associate yourself with could impact your life, as well as your criminal record. Certainly, there are constitutional questions and defenses to be raised in such circumstances.  If you find yourself charged with a crime of this nature, it is imperative that you contact an experienced, knowledgeable criminal attorney in your state. If your charges are in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to CONTACT OUR OFFICE

What are my rights if I am stopped, searched, or arrested by police?

Drugs in a car are Everyones Drugs- The Automobile Presumption

What you should know about Probable Cause

Drug Sales on School Grounds

New York Gun Laws

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

New York Gun Laws

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New York Gun Laws

syracuse-lawyers-ny-gun-laws
simonov / Foter.com / CC BY

On January 15, 2103, Governor Andrew Cuomo signed into law the “NY Safe Act” which bans semi-automatic rifles, shotguns and pistols purchased after Jan. 15, 2013 that have more than one prohibited feature – such as a pistol grip, a folding stock or a flash suppressor. This is the state’s new definition of an assault weapon. The ban does not cover pistol grip shotguns. New York will define a large capacity magazine as any that holds more than seven rounds, down from 10. Anyone owning a magazine that holds more than 10 rounds will be required to sell it out-of-state within one year.

Semi-automatic weapons bought before January 15, 2013 must be registered with the New York State Police Department within one year, the registration of the weapon will trigger a background check of the registrant.

High-volume ammunition purposes will be tracked in real time

The penalties for crimes involving gun laws have also become harsher:

Killing a first responder responding to an emergency a first-degree murder charge.
A mandatory five-year minimum prison sentence will be imposed for anyone who uses a loaded firearm during a drug sale or violent felony.

A mandatory three-and-a-half year minimum prison sentence for using an unloaded gun during any drug sale or violent felony.

“Straw purchasers,” people who can easily pass a background check who buy guns for others will be upgraded from a misdemeanor to a Class D felony.

IT IS A FELONY TO POSSES A GUN ON SCHOOL GROUNDS OR A SCHOOL BUS.

Charges are upgraded for those who use community or shared guns to commit crimes.

The new law will now require mental health providers to report those that pose a danger to themselves or others to the County, which in turn reports to the NY Division of Criminal Justice Services.

Other gun control issues including storage of weapons, sale of firearms currently in your possession, sale of ammunition, Kendra’s law, and background checks are affected by the new law. We would encourage you to visit The NY GOVERNORS WEBSITE for more detailed information about the 39-page law and its implications.

As always, it is imperative that if you are charged with a weapons crime in NY State, that you immediately seek the advice of competant legal counsel experienced in gun and weapons defense. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.

See related articles:

How do I remove a criminal charge from my record?

Drugs in a car are Everyones Drugs- The Automobile Presumption

Felony and Guns

What is Harassment?

NY Room Presumption- Guns and Drugs belong to everyone

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.