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Aggressive Defense for New Yorkers Charged with Firearms-Related Crimes
Firearm offenses in New York City are taken very seriously, carrying strict penalties that can significantly impact your life. If you’re facing investigation or charges for a firearm-related crime, you need an experienced NYC Firearm Attorney on your side. Mehdi Essmidi, a former NYC prosecutor and now a dedicated criminal defense attorney, is your staunch ally in these challenging times. He uses his deep understanding of prosecution tactics to aggressively defend your rights and protect your freedom.
Understanding New York Firearm Laws
New York has a complex network of firearm laws that govern the possession, sale, and use of firearms. We will discuss some of the most critical laws under the New York Penal Law.
Section 265.01-B: Criminal Possession of a Firearm
This law prohibits possession of any firearm, and violation can result in a class E felony. The term “firearm” includes any pistol or revolver; a shotgun having one or more barrels less than eighteen inches in length; a rifle having one or more barrels less than sixteen inches in length; or any weapon made from a shotgun or rifle.
Section 265.01-C: Criminal Possession of a Rapid-Fire Modification Device
Possession of a device capable of accelerating the rate of fire of a semiautomatic firearm is illegal under this law. This includes bump stocks and other similar devices. Violation can result in a class A misdemeanor.
Section 265.01-E: Criminal Possession of a Firearm, Rifle or Shotgun in a Sensitive Location
Possessing a firearm, rifle, or shotgun in places like school grounds or childcare facilities is considered a class E felony under this law.
Section 265.07: Registration and Serialization of Firearms, Rifles, Shotguns, Finished Frames or Receivers, and Unfinished Frames or Receivers
This law requires all firearms, rifles, shotguns, and their respective frames or receivers to be registered and serialized. Failure to comply can lead to criminal charges.
Section 265.08: Criminal Use of a Firearm in the Second Degree
This law pertains to individuals who commit any class C violent felony offense and possess a deadly weapon during the crime. Violation can result in a class C felony.
Section 265.09: Criminal Use of a Firearm in the First Degree
If an individual commits any class B violent felony offense and possesses a deadly weapon during the crime, they can be charged under this law, which is considered a class B felony.
Section 265.11 to 265.14: Criminal Sale of a Firearm
These laws make it illegal to sell any firearm without proper licensing or to a minor. The degree of the offense and severity of the penalties vary based on the type of firearm sold, the quantity, and the age of the purchaser.
Section 265.38: Unlawful Sale of a Non-Microstamping-Enabled Firearm
This law prohibits the sale of firearms not equipped with microstamping technology, a mechanism that stamps identifying information on cartridge cases when the firearm is discharged.
Sections 265.45 and 265.50*2: Failure to Safely Store Rifles, Shotguns, and Firearms
These laws require safe storage of firearms to prevent access by unauthorized individuals, especially children. The degree of the offense depends on the specific circumstances of the case.
Section 265.50: Criminal Manufacture, Sale, or Transport of an Undetectable Firearm, Rifle or Shotgun
Creating, selling, or transporting firearms that are undetectable by metal detectors, including 3D-printed firearms, is a violation of this law.
Section 265.55: Criminal Possession of an Undetectable Firearm, Rifle or Shotgun
Possession of a firearm, rifle, or shotgun that cannot be detected by a metal detector, like a 3D-printed firearm, is considered a class D felony under this law.
Section 265.60 and 265.61: Criminal Sale of a Ghost Gun
These laws prohibit the sale of ghost guns – firearms that are self-assembled and lack serial numbers, making them untraceable. The severity of the charge depends on factors such as the number of ghost guns sold.
Section 265.63 and 265.64: Criminal Sale of a Frame or Receiver
Selling the frame or receiver of a firearm without a proper license is illegal under these sections. The degree of the crime varies based on the quantity sold and other factors.
Section 265.65: Criminal Purchase of a Semiautomatic Rifle
Purchasing a semiautomatic rifle without meeting the necessary legal requirements is considered a criminal offense under this law.
Section 265.66: Criminal Sale of a Semiautomatic Rifle
This law prohibits the sale of a semiautomatic rifle without proper licensing and adherence to legal requirements.
Defending Against Firearm Charges in New York
Successfully defending against firearm charges requires a comprehensive understanding of the law and a strategic approach tailored to the specifics of your case. As an experienced NYC Firearm Attorney, Mehdi Essmidi employs a range of defense strategies, which may include:
Challenging the Legality of the Search and Seizure
The Fourth Amendment protects against unreasonable searches and seizures. If the firearm was discovered during an illegal search, it might be possible to have the evidence suppressed, which could lead to dismissal of the charges.
Questioning the Actual Possession
In some cases, you may not have been in actual possession of the firearm. For example, if the firearm was found in a shared vehicle or home, it might be arguable that the firearm belonged to someone else.
Disputing the Functionality of the Firearm
Under New York law, for a weapon to qualify as a firearm, it must be operable. If it can be demonstrated that the weapon was incapable of discharging a shot, it might not qualify as a firearm under the law.
Challenging the Identification of the Defendant
In cases where the sale or use of a firearm is alleged, it may be possible to challenge the identification of the defendant. If the prosecution’s case is based on an eyewitness identification, there might be grounds to question its reliability.
If law enforcement induced you to commit a crime that you would not have otherwise committed, an entrapment defense might be applicable.
Asserting Affirmative Defenses
In some cases, affirmative defenses like justification (self-defense) may be available. If you used the firearm to protect yourself or another person from immediate harm, you might have a viable self-defense claim.
It is important to remember that every case is unique, and the best defense strategy will depend on the specifics of your situation. Mehdi Essmidi’s deep understanding of firearm laws, coupled with his prosecutorial experience, allows him to identify the best defense strategy for your case. His goal is not just to represent you, but to fight for your rights and your freedom with every tool at his disposal.
Why Choose Mehdi Essmidi as Your NYC Firearm Attorney?
Navigating the intricate maze of New York firearm laws requires a unique blend of knowledge, experience, and tenacity. As a former prosecutor, Mehdi Essmidi brings a wealth of understanding of the prosecution’s tactics and strategies. This gives him an invaluable edge in defending you against firearm charges.
His approach is not only aggressive but also compassionate and personalized. He understands the stress, fear, and uncertainty that come with criminal charges. As such, he is committed to providing you with the best possible defense, keeping you informed at every stage, and fighting tirelessly to protect your rights and your freedom.
Whether you are facing charges for possession, sale, or use of a firearm, you can count on Mehdi Essmidi to advocate for you with skill, dedication, and integrity. His track record and countless satisfied clients are testament to his commitment to excellence in criminal defense.
Frequently Asked Questions
Can I go to jail for a first-time firearm offense in NYC?
Yes, even first-time offenders can face jail time depending on the severity of the charge. New York firearm laws are strict, and it’s crucial to have a knowledgeable NYC Firearm Attorney to guide you through the legal process.
I didn’t know I was carrying a firearm. Can I still be charged?
Yes, ignorance of possession is generally not a defense to firearm charges. However, the specific circumstances of your case can impact the outcome. Consult with an attorney to understand your options.
Can the police search my vehicle or home for firearms without a warrant?
In most cases, police need a warrant to search your property. However, certain exceptions may apply, such as consent or exigent circumstances. If you believe your rights were violated during a search, contact an attorney immediately.
I only had a firearm for self-defense. Can I still be charged?
Yes, simply possessing a firearm without the proper permits is a crime in NYC, regardless of your intentions. However, self-defense may be a viable strategy in certain circumstances.
What if the firearm wasn’t working? Can I still be charged?
Yes, you can still be charged. However, the operability of the firearm can impact the severity of the charges and penalties. A skilled attorney can help you understand how this affects your case.
I bought a firearm out of state where it’s legal. Is it still a crime to possess it in NYC?
Yes, New York law applies to firearms within its jurisdiction. Even if you legally purchased a firearm elsewhere, possessing it in NYC without the proper licensing can lead to charges.
Can I be charged for selling a firearm if I didn’t know it was illegal?
Yes, ignorance of the law is typically not a valid defense. However, the specifics of your case can significantly impact the outcome, so it’s crucial to consult with a skilled attorney.
What if the firearm wasn’t mine but was found on my property?
You can still be charged under “constructive possession” if the firearm was found in an area under your control. However, proving ownership and intent can be complex, so a skilled attorney can help navigate this situation.
Can I handle a firearm charge on my own without an attorney?
While it’s technically possible, it’s strongly discouraged. NYC firearm laws are complex, and the consequences of a conviction are severe. A knowledgeable NYC Firearm Attorney can provide you with the best possible defense.
Contact Us for a Free Consultation
If you or a loved one is facing a firearm-related charge in NYC, don’t risk your future. Contact Mehdi Essmidi today for a consultation. As a leading NYC Firearm Attorney, he will guide you through the complex legal process, providing you with a defense strategy tailored to your unique circumstances.