Experienced Manhattan Gun Charge Lawyer - Lebedin Kofman LLP - NYC Firearms Lawyer

New York’s firearms laws include an essential element: that firearms or the weapon must be operable. This applies equally to shotguns, handguns, and rifles. Operability is defined in New York law as “capable to discharge ammunition.” Prosecutors aren’t required to show that someone charged with firearms possession is aware that the firearm can be used.

A police laboratory will try to shoot a firearm in a large container of water to determine operability for firearms charges. Contrary to popular belief, bullets don’t travel very fast underwater. The police laboratory can produce reports that will indicate whether a firearm’s operability is determined.

A firearms laboratory report usually includes a section that describes the results. This report typically states which ammunition was used, and how much force was required to trigger the pull. To prove operability, the lab analyst responsible for the operation test must be present at the trial.

New York State is known for its complex weapon laws and strict penalties. For both first and second-time offenders, as well as those who have a long history, mandatory prison sentences are common. 

Prison sentences can range in severity from Class A felonies to misdemeanors. Even if you have an out-of-state permit, the judge is required to incarcerate you for possessing a firearm. This sentence can be up from a minimum of three and a half years to a maximum of 15 years. Depending on the particular offense and degree, you can also be sentenced to anywhere between one year for lower misdemeanors and 25 years for a Class B felony.

Fines are a possibility, although they’re not very common. However, prosecutors and judges may seek to impose these types of fines. A Class A misdemeanor conviction could result in a $1,000 fine. However, someone convicted for a more serious offense, such as a class B felony may be subject to exponentially higher penalties. A gun-related conviction can have many consequences, including being denied employment, facing deportation, or losing visa status.

Allegedly, firearm charges are often a result of illegal search and seizure. However, the United States Constitution as well as the New York State Constitution prohibit police from searching individuals because they feel the need to.

Law enforcement officers need to have a suspicion that is based on alleged facts before they can fully search a person.  Search and seizure laws involving firearms must be specific to facts. 

A person accused of possessing a firearm can challenge the search and seizure, just as in all cases where the property has been allegedly taken from someone by police. A combined Mapp and Dunaway hearing is where the challenge to search and seizure takes place. The Mapp/Dunaway hearing is a trial in which the prosecution must present credible evidence to prove that the police officer acted legally. A defendant, on the other hand, has to demonstrate by a preponderance that officers illegally acted.

If a defense lawyer can show that the prosecution did not provide credible evidence that police acted legally or that a defense counsel can refute a prosecutor’s credible evidence showing that police acted illegally, the firearm may be suppressed. 

This legal idea is called the fruit of the poisonous tree. If a firearm was used as a basis for weapons charges, the case should be dropped. The case can be continued without additional charges if they do not pertain to the alleged possession. It is common for charges not to be filed if the judge finds the police officer not credible.