Legal Question in Criminal Law in New York
criminal law
what is the penalty for owning an unregistered handgun in nyc? gun was never fired, never used in any acts of violence, just in a closet of the apartment
4 Answers from Attorneys
Re: criminal law
It is a serious charge punishable by jail time.I would dismantle the gun and if you were not yet arrested,I would recommend trying to register the gun with a target permit or if qualified as a carry permit.If the permit requests are denied then I would take the dismantled gun to your local police precinct for surrender accompanied with an attorney.
Re: criminal law
Having a firearm in your home can result in punishment of up to one year in jail. If you have prior criminal convictions you could also be charged with a felony resulting in much more prison time. If you take a loaded firearm outside your home without the required permit you will also be subject to felony charges. You should turn the firearm in to the police with the assistance of an attorney, otherwise you are taking a gamble.
Re: criminal law
In New York, you cannot be charged with possession of an illegal firearm IF you have it in your home or your business. You can only be charged with a crime if you USE IT or threaten someone with it.
James S. Kats, Esq. www.lawjsk.com
Re: criminal law
I recommend that you take the gun in hand and partially dismantle the weapon and store the pieces in different parts of the home.
Then take the dismantled pieces and turn them in to the local police department.
That should keep you from getting into any trouble.
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