The team of attorneys at Tully Rinckey have decades of experience handling gun cases. Our team routinely services clients throughout the Capital Region to include: Albany, Schenectady, Rensselaer, Saratoga, Schoharie, Montgomery, Fulton, Warren, Washington, Greene, Columbia, Ulster, Dutchess, Delaware, Otsego, Herkimer, Hamilton, Essex, Clinton, Franklin and St. Lawrence Counties.

Simply possessing a gun without having a valid permit is a serious offense. Even worse, an individual can be charged for possessing a gun without a valid New York State permit even if the gun was purchased legally and properly registered in a different state. There are very specific procedures individuals must follow when transporting a legally registered gun from another state into New York. A simple stop for a traffic offense can lead to dire consequences related to an unregistered gun if these procedures are not followed. The other occupants of that vehicle can also be charged with a crime for possession.

Our Capital Region team of attorneys are well-versed in New York State’s strict gun laws and will fight aggressively to ensure your Second Amendment rights are upheld and protected. Our Capital Region team is led by Partner Derrick Hogan who has a passion for defending his clients in gun related charges.

To schedule an initial consultation for your case, contact us 24 hours a day, 7 days a week, at (888) 529-4543 or by email at info@tullylegal.com

Possession of a Firearm

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.

Aggravating Factors

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.

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 Capital Region gun lawyers at Tully Rinckey can work to defend the accused against all allegations of crimes involving the use of a firearm.

Our team is equipped to win cases against tough odds. If you are facing gun charges in the Capital Region, call us immediately. You can contact us 24 hours a day, 7 days a week via phone at 888-529-4543, or by e-mail at info@tullylegal.com.

You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.

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When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States and overseas, we make sure you receive legal counsel and representation you can trust.

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At Tully Rinckey PLLC, our commitment to quality never ends. We listen to your legal concerns, counsel you on your legal issues and represent you in legal proceedings. Our already knowledgeable attorneys are continually learning more, developing their resources and honing their skills. We make ourselves accessible to you at every turn, committing to be your long-term legal partner.

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At Tully Rinckey, we work relentlessly to ensure our ethical standards and level of professionalism surpass what is expected of us by our clients and the court. Our high ethical principles call us to treat clients with respect, offer affordability to members of the communities we serve, and provide composed and dignified representation.

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Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.

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