Rochester Gun Charge Lawyers

Firearms & Weapons Offenses in Monroe County, NY

New York has some of the strictest firearms and weapons laws in the United States. Anyone who violates any of the state’s numerous criminal laws related to gun and weapon possession can face harsh criminal penalties, which often require mandatory prison time. In many cases, firearms charges occur due to unlawful search and seizure. Under the Fourth Amendment to the U.S. Constitution, law enforcement officials must have observed unusual conduct to reasonably believe there is a possibility of criminal activity in order to conduct a legal search of a person. Failure to obtain such reasonable suspicion means that the arrest and charges are unlawful, and the entire case must be dismissed.

If you have been arrested for a firearm or dangerous weapons offense in Rochester or Monroe County, let Nobles & DeCarolis defend you against serious criminal charges. Our legal team of two former prosecutors has over 30 years of collective experience and has successfully handled hundreds of trials and thousands of cases. We have a comprehensive understanding of both sides of the courtroom to guide your clients through the complexities of the criminal justice system and help you secure a favorable outcome in state or federal court.

The following are several reasons why you should hire our firm:

• We put our clients first and solve their problems
• Attorney James Nobles and Attorney Brian DeCarolis work directly with our clients, rather than an associate attorney, by providing them with attentive and responsive services
• Brian DeCarolis prosecuted hundreds of gun cases when he was a prosecutor as a member of the Gun Bureau.
• We will thoroughly investigate the case, develop the strongest possible defense, fight for you inside and outside the courtroom, and help get your life back on track
• We offer complete transparency, including upfront pricing

Call (585) 639-3111 or complete our online contact form today to request a free case review!

New York Gun Laws

There are seven types of handgun licenses available in New York State: (1) a license to carry and possess in a dwelling by a householder, (2) a license to carry and possess in a place of business by a merchant or storekeeper, (3) a license to carry and possess while employed by bank or express messenger, (4) a license to carry concealed by a justice of the supreme court in the first or second judicial departments, (5) a license to possess and carry concealed while being a regular employee of corrections, (6) a license to possess and carry concealed due to proper cause, and (7) a license to carry, possess, and collect antique pistols. Keep in mind, New York gun laws are separate from New York City gun laws.

The following are the requirements to qualify for a New York handgun license:

• Must be at least 21 years old
• Be honorably discharged, if enlisted in the U.S. military (no age restriction)
• Be of good moral character
• Reside or maintain a principal place of business within the county where the application is filed in
• Show proper cause for the issuance of the carry license (e.g., self-defense, hunting, target shooting, etc.)
• Lawfully residing in the United States
• Have no prior conviction for a felony, misdemeanor offense of domestic violence, or other serious offense
• Not subject to a protective court order
• Not under guardianship due to a diagnosed mental condition
• Be free of mental disorders
• Have not been involuntarily committed to a mental-health facility
• No good cause exists for denial of the license
• Have not had a license revoked or suspended

Potential applicants must first contact their county’s licensing officer to understand the exact procedure since every county’s procedure will be different. There are 59 licensing jurisdictions with slightly different procedures.

Pistol license applications are submitted at the police or sheriff’s department and can take between four and six months to be approved. In some counties, the reported wait is 14 months.

A New York pistol license must be re-certified every five years. This also applies to licenses, including those issued for life without an expiration date.

The following are places where firearms are off limits:

• School, college, or university grounds
• Government buildings
• Courthouses
• New York airports
• Any mental health facility
• Any place that prohibits carrying firearms by federal law

It is against the law to possess an unregistered handgun. All private purchases must be made through a licensed dealer and the buyer is subject to a background check.

It is illegal to possess a loaded gun in any motor vehicle without a valid license. There is no legal requirement to inform a police officer about carrying a handgun.

New York does not honor handgun licenses from different states. On the other hand, 28 states honor a New York handgun license (California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Jersey, New Hampshire, New Mexico, New York City, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, Washington, West Virginia, Wyoming).

Firearms & Weapons Crimes in New York

New York’s firearm and weapon laws prohibit individuals from carrying concealed or loaded guns and the possession and use of dangerous weapons. The punishment for these crimes depends on the specific charge.

The following are the most common guns and weapons charges in New York State:

• Criminal possession of a firearm – Possessing any firearm, or lawfully possessing a firearm prior to the SAFE Act and knowingly failing to register such firearm by April 14, 2014, will be charged as criminal possession of a firearm, which is a Class E felony that carries a maximum prison sentence of four years.
• Criminal Possession of a Weapon in the First Degree– Possessing an explosive substance with the intent to use it unlawfully against a person or another individual’s property or possessing ten or more firearms will be charged as criminal possession of a weapon in the first-degree, which is a Class B felony that carries a mandatory prison sentence between 5 and 25 years.
• Criminal Possession of a Weapon in the Second Degree – Possessing a loaded firearm, a machine gun, or a disguised gun with the intent to use it unlawfully against another person, possessing five or more firearms, or possessing any loaded firearm outside your home or place of business without a license or permit will be charged as criminal possession of a weapon in the second degree, which is a Class C felony, which carries a mandatory prison sentence between 3 1/2 and 15 years.
• Criminal Possession of a Weapon in the Third Degree – Possessing any explosive, a machine-gun or firearm silencer, possessing a firearm, rifle, shotgun, or machine gun that has been defaced in order to conceal or prevent detection of a crime or misrepresenting its identity, possessing three or more firearms, possessing an assault weapon, possessing any disguised gun, possessing a large capacity ammunition feeding device, possessing an unloaded firearm and also committing a drug trafficking felony at the same time, or possessing an unloaded firearm and also committing a violent felony at the same time will be charged as criminal possession of a weapon in the third degree, which is a Class D felony, punishable by imprisonment for up to seven years.
• Criminal Possession of a Weapon in the Fourth Degree – Possessing any firearm, electronic-related gun, any combative sword or knife, metal and plastic knuckles, or any other dangerous weapon with the intent to use against someone, possessing a shotgun, rifle, antique firearm, or any muzzle-loading firearm and being a convicted felon or serious offender, possessing any dangerous or deadly weapon and not being a U.S. citizen, possessing a bullet containing an explosive substance to detonate upon impact, or possessing any armor piercing ammunition with the intent on using it against someone will be charged as criminal possession of a weapon in the fourth degree, which is a Class A misdemeanor, which carries a jail term of up to 364 days and/or a maximum fine of $1,000.
• Criminal possession of a weapon on school grounds – Knowingly possessing a firearm, rifle, or shotgun on campus grounds of any school, college, or university, without written authorization of such educational institution will be charged as criminal possession of a weapon on school grounds, which is a Class E felony.
• Aggravated criminal possession of a weapon – Committing second-degree criminal possession of a weapon and committing any violent felony or a drug trafficking felony will be charged as aggravated criminal possession of a weapon, which is a Class C felony.
• First-degree criminal use of a firearm – Committing any Class B violent felony while possessing a deadly weapon that is loaded or readily capable of inflicting death or serious injury upon use or displaying what appears to be a firearm will be charged as criminal use of a firearm in the first degree, which is also a Class B felony.
• Prohibited use of weapons – Hunting with a dangerous weapon in any county is a Class A misdemeanor, which carries a maximum jail term of 364 days and a fine of up to $1,000. Willfully discharging a loaded firearm at a vehicle, train, or aircraft is a Class E felony, but it is a Class D felony if someone is endangered.
• Criminal Use of a Firearm in the Second Degree – Committing any Class C violent felony while possessing a deadly weapon that is loaded or readily capable of inflicting death or serious injury upon use or displaying what appears to be a firearm will be charged as criminal use of a firearm in the first degree, which is also a Class C felony.
• Criminal Sale of a Firearm in the First Degree – Unlawfully selling, exchanging, giving, or disposing of ten or more firearms to another person, or unlawfully selling, exchanging, giving, or disposing of ten or more firearms in a period of up to one year will be charged as criminal sale of a firearm in the first degree, which is a Class B felony.
• Criminal Sale of a Firearm in the Second Degree – Unlawfully selling, exchanging, giving, or disposing of five or more firearms, or unlawfully selling, exchanging, giving, or disposing of to another person or persons a total of five or more guns within a one-year period will be charged as criminal sale of a firearm in the second degree, which is a Class C felony.
• Criminal Sale of a Firearm in the Third Degree – Unlawfully selling, exchanging, giving, or disposing of a firearm or large capacity ammunition feeding device to someone else, or possessing a firearm for the purpose of selling it will be charged as criminal sale of a firearm in the third degree, which is a Class D felony.
• Criminal sale for a firearm with the aid of a minor – When a minor under 16 years old unlawfully sells, exchanges, gives, or disposes of a firearm for the benefit of an adult over 18, the adult will be charged with criminal sale of a firearm with the aid of a minor, which is a Class C felony.
• Criminal sale of a firearm to a minor – Unlawfully selling, exchanging, giving, or disposing of a firearm to a person who is or reasonably appears to be younger than 19 years of age without a license will be charged as criminal sale of a firearm to a minor, which is a Class C felony.
• Criminal purchase or disposal of a weapon – When a person purchases or disposes of a firearm to another person while knowing he/she is prohibited by law from possessing a firearm, rifle, or shotgun because of a previous conviction or another fact rendering the individual eligible, knowing that it would be unlawful for the other person to possess a firearm, rifle, or shotgun, the offense is considered criminal purchase or disposal of a weapon, which is a Class D felony.

Ready to Defend You Against Serious Penalties Today

Our legal team can examine your case, figure out if law enforcement officials violated your rights, file the necessary motions, negotiate with the prosecution, and help you get the best possible result. Do not hesitate to let us get started on your defense immediately and help you through this difficult time.

Contact us today at (585) 639-3111 to speak with our Rochester gun charge lawyers!