Criminal Sale of a Firearm
New York State is home to some of the most stringent weapons laws in the country, where activities involving illegal possession, exchange, and sale of firearms can result in very serious penalties. Private sales of firearms, however, is perfectly legal, as long as you comply with New York regulations. According to the law, if you are selling a firearm you legally possess, you must provide a National Instant Criminal Background Check System (NICS) check to the state. If you sell a firearm you illegally possess or if you don’t appropriately register the sale according to NY law, you could be facing a third-degree criminal sale of firearm charge.
If you’ve been charged with criminal sale of a firearm, you need to contact a New York weapons attorney immediately. At the Law Office of Benjamin Greenwald, we’ve successfully defended hundreds of individuals charged with this crime, and we understand the nuances of this charge and what prosecutors and courts need to convict you. For a free consultation with Benjamin Greenwald, call our law office today at (845) 567-4820. In the meantime, you can learn more about firearm laws in NY below.
Classifications and Punishments of Criminal Sale of Firearm
New York is quite specific when it comes to the sale and exchange of firearms, and when selling a firearm from one person to another (excluding immediate family members), you need to fulfill mandatory requirements including background checks, mental health reporting, sales and background check record-keeping, and waiting periods. These laws encompass licensed dealers, private sellers, and gun show sellers. To combat gun crimes throughout NY, courts often imposes harsh punishments and little leniency for individuals caught violating firearm regulations.
According to New York Penal Code, there are essentially five statues classifying the severity and the associated punishment of criminal sale. These include:
- Third Degree Criminal Sale of a Firearm (S 265.11): Without any extraneous circumstances, including everything from your past criminal history to the weapon and the recipient, if you are not legally authorized to possess a firearm and either sell it or possess it with an intent to sell, then you can be charged with a Class D violent felony offense. This charge can be punishable by up to seven years incarceration.
- Second Degree Criminal Sale of a Firearm (S 265.12): Your charge will be increased to the second degree if you attempt to sell more than five weapons at once or more than five weapons in the course of a year. This is a Class C violent felony punishable by up to 15 years incarceration.
- First Degree Criminal Sale of a Firearm (S 265.13): You can receive a first degree charge if there are at least 10 firearms involved. This is a Class B violent felony offense punishable by up to 25 years incarceration.
- Criminal Sale of a Firearm With the Aid of a Minor (S 265.14): If you are over 18 years of age and request, solicit, command, or intentionally aid an individual under 16 years of age to sell an illegally possessed firearm, you could receive a Class C violent felony punishable by up to 15 years incarceration.
- Criminal Sale of a Firearm to a Minor (S 265.16): If you sell a firearm to a person who is or appears to be less than 19 years old (who is not licensed pursuant to law to possess the firearm), you could be facing a Class C violent violent punishable by up to 15 years incarceration.
Defend These Charges By Calling Attorney Benjamin Greenwald Today
Due to the harsh punishments associated with this crime, combined with the lack of compassion for even alleged weapons offenders in New York State, it is absolutely essential to contact a prominent and capable weapons attorney as soon as possible. Once we at the Law Office of Benjamin Greenwald hear from you, we’ll begin conducting a thorough, comprehensive investigation into the circumstances surrounding the alleged offense.
At our law office, you are 100 percent innocent until a court finds you guilty beyond a reasonable doubt, and, therefore, you can expect your weapons attorney to give you the full benefit of the law as well as complete diligence during every stage of the criminal process. For a free consultation with our New Windsor, NY, law office, call us today at (845) 567-4820.