Gun control legislation is constantly evolving as public debate regarding limits on the Second Amendment right to bear arms continues throughout the country. In many places, including New York, these changing laws are causing otherwise law-abiding citizens to face severe penalties for violations they are not even aware of.
At The Kindlon Law Firm, an Albany, New York, criminal defense law firm, we champion the rights of gun owners, defending them with aggressive advocacy when their freedom is on the line. Lee Kindlon is a nationally recognized speaker on both state and federal gun laws. All of our attorneys stay up-to-date on all of the latest legislation and case law, enabling us to provide the best legal advice and representation possible to all of our clients.
SAFE Act Violations
In the wake of the Sandy Hook Elementary school shooting, the state of New York passed the New York Secure Ammunition and Firearms Enforcement Act of 2013, commonly referred to as the NY SAFE Act. This gun control legislation:
- Redefines “assault weapon” and requires all owners of guns falling into this category to register their weapon with the state
- Bans possession of high-capacity magazines and limits the number of rounds that can be loaded in a firearm at any time
- Institutes a background check for the purchase of ammunition and private gun sales
- Requires mental health professionals to report credible threats made by patients, which could result in their guns being taken from them
If you have been charged with illegal firearm possession or any related weapons violations, you need a defense lawyer who understands this nuanced area of law. At The Kindlon Law Firm, one of our seasoned attorneys will meet with you for a no-cost consultation to help you understand your rights and how we can help protect them.
Contact A New York SAFE Act Arrest Attorney
To schedule an initial consultation with experienced Albany weapons violation attorneys, contact The Kindlon Law Firm at (518) 434-1493. Available by telephone 24 hours a day.
The Second Amendment to the United States Constitution unequivocally states that Americans are afforded the right to keep and bear arms. While the Supreme Court has held that individuals’ have the right to possess a firearm for lawful purposes such as self-defense, there are significant restrictions on who may possess firearms and where and how they may be used.
Charges Involving Firearms
Firearms-related charges can stem from the unlawful use of a gun or from the use and possession of a gun by a prohibited person. The former charge can include any of the following criminal infractions:
Carrying a Concealed Weapon – Civilians are required to obtain a permit to carry a concealed weapon. Persons caught transporting a concealed firearm or other deadly weapon likely face felony charges unless certain defenses apply, such as inadvertent expired license or failure to renew.
Possessing a Deadly Weapon During the Commission of a Felony – If you were arrested for a separate felony offense and were found to be carrying a firearm at the time, you could face charges for the separate offense of possession of a weapon during the commission of a felony, even if the weapon was not used. This charge is often classified by degrees and may carry more serious penalties depending upon the nature of the underlying felony.
Possession of a Firearm in Prohibited Areas – There are a number of laws prohibiting the possession of a firearm near a school, playground or other area where children are present. It is generally not a defense that you did not know you were near a prohibited area, however certain other affirmative defenses to this charge are available and your defense attorney can plan an appropriate defense strategy in your case.
Possession of a Firearm by Prohibited Persons
Your defense attorney can also help you if you were found in possession of a firearm and are classified as a person prohibited from owning or possessing deadly weapons. A person may be prohibited from possessing a firearm either as a condition of their probation or due to the mandatory sentencing guidelines for certain crimes. For instance, many domestic violence statutes prohibit defendants from owning and possessing firearms. Other persons prohibited may include any of the following:
- Those convicted of crimes of violence and physical injury
- Anyone having been committed to a mental health facility
- Individuals convicted of certain drug offenses
- Those with a juvenile criminal record for offenses that, if tried as an adult, would have resulted in a felony conviction
- Fugitives from justice
If you are facing a recent weapons charge, including those involving the unlawful use or possession of a firearm, a criminal defense attorney can help you not only reduce or defeat your charges but safeguard your right to protect yourself and your home.