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:

  • Burglary
  • Robbery
  • Sexual Assault
  • Carjacking

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.

Speak with an Albany Gun Attorney Today

New York’s gun laws are extremely strict. In fact, the State assumes that when a person has a gun they are violating the law. All gun owners must take steps to register their guns with the State, and if they fail to do so are breaking the law.

Even more serious are allegations that a person used a gun to aid in the commission of another crime. An otherwise relatively minor misdemeanor transforms into a felony if a gun is in a person’s possession. This may result in a prison sentence.

It is extremely important for those facing any sort of gun charge to contact a skilled legal team with experience in defending against gun-related crimes in court. At Tully Rinckey, our Albany gun lawyers work with the accused to examine the case, develop a strategy, and fiercely fight for the best possible outcome. Contact our trial-tested legal team today to discuss your case with a free consultation.

Case Consultations