Man Charged with Criminal Possession of a Gun in Southeast, NY
Town of Southeast, Putnam County, NY - A Connecticut man was pulled over in the Town of Southeast, Putnam County for traffic violation while driving on Route 6. During the stop, the state troopers allege that they detected marijuana prompting a search of the vehicle. Upon conducting the search, it is further alleged that a loaded handgun was discovered.
The individual, a 21 year-old man, was subsequently charged with Criminal Possession of a Weapon in the Second Degree (Penal Law 265.03) a class C felony and Unlawful Possession of Marijuana (Penal Law 221.05) a violation.
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Penal Law Section 265.03- Criminal Possession of a Weapon in the Second Degree
Criminal Possession of a Weapon in the Second Degree is unquestionably one of the most serious criminal charges that an individual can face in New York State. Even if you have a permit from a different state, if you possess a firearm without a license issued by New York State, you will be charged with this crime.
For those who travel to New York from another state, it can be terribly upsetting and impactful to learn that they may be found strictly liability by restrictions imposed by the law.
A person is guilty of Criminal Possession of a Weapon in the Second Degree (NY PL 265.03) when:
(1) with the intent or purpose to use the firearm (handgun, pistol, revolver, etc.) you possess a (a) machine gun, (b) loaded firearm (loaded has a much more liberal legal definition than bullets physically in a gun) or (c) a disguised gun; or
(2) you possess more than five firearms (it can be different types such as revolver, pistol, etc.) or
(3) you possess a firearm that is loaded (note: intent to use the firearm unlawfully not a requirement for this subsection).
Also, as a general rule, it is not a felony if the possession is in your home or place of business.
As a C class violent felony, New York Criminal Possession of a Weapon in the Second Degree is punishable by a minimum of three and one half years and up to fifteen years in state prison.
Although the statute is very clear and district attorneys zealously prosecute these offenses, there are defenses that can be raised on your behalf. Such defenses include, the legality of police search; whether the gun was “loaded” as defined by the law; is the alleged possession based on a legal presumption; and other mitigating circumstances.
The criminal defense attorneys of Proto, Sachs & Brown, LLP has successfully represented numerous clients charged with illegal possession of firearms. If you are accused of a crime involving weapons or firearms, Proto, Sachs & Brown, LLP will fight to protect your rights and freedom.
For a free consultation and to find out how our criminal defense lawyers and former prosecutors can help you, contact us immediately at (914) 946-4808 or online at www.rpslawyers.com.