Gun Owners in New York: What You Need to Know
The Second Amendment of the US Constitution offers a federal right of gun ownership, but states, counties, and cities are nevertheless permitted to place substantial restrictions on an individual’s right to own and carry a firearm. New York has some of the nation’s toughest—and most confusing—gun ownership laws. If you are a New York State resident or, more importantly, a visitor in New York who owns a gun, there are facts about the Empire State’s gun laws that you need to know. What’s more, convictions for violations of New York’s gun laws can carry prison sentences lasting multiple years. If you’ve been arrested for violating New York gun permit laws, contact the experienced Hudson Valley criminal defense attorneys at Dupée & Monroe for a consultation.
I’m licensed to carry a handgun in another state. Can I bring my gun with me to New York as an out-of-state resident?
Non-New York residents are strongly advised to leave their weapons at home while visiting the state. New York does not recognize the firearm licenses of any other state. There is a narrow exception to this rule under federal law. A person who is licensed to own a gun in another state and is merely traveling through New York (as opposed to staying in the state for one or more nights) may transport their weapon so long as the weapon remains in the vehicle, is not loaded, and is being carried in the trunk or, if the car does not have a trunk, the place furthest from the driver’s reach. With any longer of a stay in New York, an out-of-state resident carrying a weapon could face serious criminal charges if found in possession of a gun.
Do I have to tell a police officer when I’m carrying a weapon?
New York does not require that permitted gun owners preemptively declare that they are carrying a weapon when talking to a police officer.
There was a gun in the car I was riding in when we were stopped by police, and now I’m facing illegal possession charges. Can they do that?
Any time police find an illegal gun in a vehicle, anyone riding in the car at the time it is discovered can be charged with illegal possession of a gun. These charges are not limited to the driver of the vehicle or the person carrying it. That said, if police committed an illegal search of a vehicle and in that way discovered the gun, then the charges may have to be dropped entirely. Our knowledgeable Goshen criminal defense attorneys are experienced in investigating the legality of searches and ensuring that law enforcement officers were in compliance with their duties under the Constitution when a search was performed.
Are there limits on where I can take my gun if I hold a permit to carry a weapon?
Even New York residents who hold a permit to carry a gun do not have an unlimited right to carry a weapon. Schools, public parks, and certain public buildings are just some of the places that the State of New York prevents a visitor from carrying a weapon.
New York Gun Owners: Speak with an Experienced Criminal Defense Attorney Regarding any Arrest or Weapons Charges
This is only the tip of the iceberg when it comes to New York gun laws. For additional help with understanding New York gun permit laws, or if you need a strong legal defense after an arrest for illegal possession, contact the aggressive and effective Goshen criminal defense lawyers at Dupée & Monroe for a consultation, at 845-294-8900.
