Possession of a Firearm in Albany
The possession of a firearm is a crime in New York. According to New York Penal Code §265.01-b, any person who possesses a gun that they knowingly fail to register is guilty of a class E felony. This can result in a prison term of up to four years. However, people may be able to protect themselves if they properly register their firearm with the state.
New York Penal Code §400 (16-a) states that the New York State Police must create a database of all firearms and their owners. It is the responsibility of a firearm owner to register with this database. Failure to do so is a class A misdemeanor and can expose a gun owner to charges of illegal gun ownership.
Guns as Aggravating Factors
The presence of a gun at the scene of a crime is an aggravating factor. This means the gun makes an otherwise minor crime much more serious. A classic example is a criminal charge for assault. Assault in the third degree is a misdemeanor level crime in New York. But if a gun is used during an assault, even if the gun is not fired the assault charge can automatically be raised to a felony level offense and should be addressed with the help of an Albany gun lawyer.
Other examples of criminal charges that immediately become more severe by the presence of a gun include:
- Sexual Assault
Any of these crimes is a felony-level offense. In many cases, this will include a mandatory minimum prison sentence. The Albany gun lawyers at Tully Rinckey can work to defend the accused against all allegations of crimes involving the use of a firearm.