Over the previous yr alone, Saland Regulation, PC, a New York felony protection agency, has represented nicely north of two dozen shoppers arrested, given Desk Look Tickets (DATs), or given pink summonses or tickets by law enforcement officials with the Port Authority Police Division for a litany of New York weapon crimes at Queens’ LaGuardia and JFK Airports. Throughout that point, we now have seen, and proceed to see, what seems to be an uptick in legislation abiding folks being charged with violating Penal Regulation Article 265 or the NYC Administrative Code for not simply weapons and knives, however “weapons” as harmless as batons.
Whether or not a shopper has a loaded or unloaded firearm, baton, swap blade, brass knuckles, and even one single bullet, the frequent thread throughout these circumstances is that both the person was unaware possessing these things was felony in New York State once they tried to test the weapon, even when they legally possessed it elsewhere, or they’d no thought the contraband in query was of their bag once they had been screened by TSA brokers. Whatever the cause and regardless of whether or not they’re taken into custody or given an NYC Desk Look Ticket (DAT), these in any other case law-abiding residents discover themselves charged with misdemeanors or felonies.
Frequent Airport Crimes
Regardless of the crime and the mechanism the Port Authority Police Division and Queens County District Lawyer use to implement the legislation, the next are the most typical New York Penal Regulation Article 265 Weapon Crimes charged:
- Penal Regulation 265.03: Second Diploma Prison Possession of a Weapon
- Penal Regulation 265.01-B(1): Prison Possession of a Firearm
- Penal Regulation 265.01(1): Fourth Diploma Prison Possession of a Weapon
- Penal Regulation 265.37: Illegal Possession of Sure Ammunition/Feeding Units
- NYC Administrative Code 10-131: Firearms and Ammunition Crimes
Whereas possessing a firearm, baton, switchblade, brass knuckles, or free ammunition is criminally punishable anyplace in New York Metropolis, prosecutors with the Queens County District Lawyer’s Workplace see these arrests with a good quantity of regularity. That, nonetheless, doesn’t imply they’re taken calmly, or the potential penalty is any completely different. What it does imply is that in the suitable circumstances, and with the suitable advocacy, a misdemeanor or felony arrest won’t by default land you with an indictment, lifelong report, or, far worse, incarceration.
Understanding the Offenses and Crimes
Penal Regulation 265.03: Second Diploma Prison Possession of a Weapon
A Class “C” violent felony punishable by a compulsory 3.5 years in jail to as a lot as 15 years, this crime is pretty fundamental and usually may be described as unlawfully possessing a loaded firearm (even when the ammunition isn’t within the revolver or pistol) exterior your house or workplace. It’s irrelevant within the eyes of the legislation when you have a conceal carry allow or would in any other case be lawfully possessing your gun in California, Florida, Pennsylvania, Texas, Illinois, or elsewhere.
Penal Regulation 265.01-B(1): Prison Possession of a Firearm
A Class “E” non-violent felony punishable by as much as 1 1/3 to 4 years in jail, this crime is not any completely different than the extra critical offense above however doesn’t contain any ammunition or bullets.
Penal Regulation 265.01(1): Fourth Diploma Prison Possession of a Weapon
A Class “A” misdemeanor permitting for so long as one yr in jail, aka, Rikers Island, this offense units forth sure gadgets or objects which are by default thought-about weapons regardless of how they’re used (or not used). This strict legal responsibility crime facilities across the understanding possession of issues like firearms, switchblade knives, brass knuckles and even batons.
Penal Regulation 265.37: Illegal Possession of Sure Ammunition Feeding Units
A Class “B” misdemeanor with a doable sentence of so long as 90 days on Rikers Island, in the event you undergo your TSA checkpoint and in your bag, for instance, you knowingly have an ammunition feeding system with not less than eight rounds, you may have violated this legislation even in case you are approved to own it elsewhere.
New York Metropolis Administrative Code 10-131: Firearms & Ammunition
An “Unclassified” misdemeanor, the penalty for this offense is similar as a Class “A” misdemeanor’s one yr in jail. You’d end up charged with this offense, typically by the use of a pink summons if there are not any different crimes, when you have bullets for a gun that you’re not lawfully allowed to own in New York Metropolis.
Your Case, Your Future
As simple as it could be to panic in case you are arrested or given a summons for any of those offenses, the proverbial sky is something however falling. Sure, there might be direct and rapid penalties to your profession, or you might end up ready in Queens Central Reserving after lacking your flight, however with the suitable advocacy by your felony protection lawyer, you’ll overcome your case with, if nothing else, a narrative to inform. Sure, you’d be a idiot to take any of those costs calmly, simply you’d be naïve to suppose you don’t want to implement a protection, however with the suitable technique, and relying on you, your historical past, and what led to your arrest or summons, a non-criminal decision and even some type of a dismissal might be in attain.
Once more, haven’t any misgivings. A conviction or lesser felony plea for any of those offenses may be devastating, however there’s a path to keep away from such an end result. Pause, take a step again, make the suitable choices shifting ahead, and put your self and your future in a spot to maintain your life trajectory getting in the suitable course.
Established in 2008, Saland Regulation, PC is a felony protection agency based by Jeremy Saland, a former New York Metropolis prosecutor. Over the course of the previous 15 years, Jeremy has efficiently defended, secured dismissals, and obtained violations for a number of hundred JFK and LaGuardia airport weapon arrests in Queens County. To be taught extra about these crimes, observe the highlighted hyperlinks the place you will see that some case outcomes and knowledge on the substantive offenses.
