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Weapon laws in New York

New York residents may benefit from learning more about the state laws prohibiting the use of dangerous weapons as described in Section 265.35. People caught using a dangerous weapon to hunt within city limits may be charged with a class-A misdemeanor. Several other scenarios described in the section could lead to someone receiving a class-A misdemeanor for a weapons offense.

According to New York statutes, people who discharge a firearm as a part of their official duty or for the sake of self-defense may not be penalized by law. Otherwise, anyone else who willingly fills an air gun, firearm, missile or throws some other type of dangerous weapon in public, or anywhere that can endanger another person, may be charged with a class-A misdemeanor if no injury or death ensues. This include anywhere within a quarter mile of a school or similar institution with authorized instructors.

A person may also be charged with a class-A misdemeanor for pointing or aiming a gun or weapon propelled by gunpowder at another person. Even if no one is injured, simply discharging the weapon may warrant a class-A misdemeanor in New York. Even without malice, if an injury occurs from a dangerous weapon being discharged, the state may charge the accused with a class-A misdemeanor. An individual who discharges a firearm at an aircraft or other vehicle on public land, standing or in motion, may be charged with a class-D felony.

People facing weapons charges in New York may benefit from consulting a criminal defense lawyer. A defense lawyer can examine the details of the case as well as any laws relevant to the particular situation in an effort to construct a viable defense for the accused. If an acquittal or dismissal seems unlikely, legal representatives can still obtain a favorable plea bargain.

Source: New York State Law, "FIREARMS AND OTHER DANGEROUS WEAPONS", October 22, 2014

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Lerner & Lerner, P.C.

Former prosecutors with more than 50 years of combined experience

Lerner & Lerner, P.C.
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