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New York Ammunition Crimes and Offenses

New York’s gun laws have been tirelessly debated since their inception. They are well-known, both the allowances for owners and the many restrictions for certain classes such as minors and felons. Many people also know the stiff penalties associated with carrying guns in multiple areas and in multiple ways. Activists on both sides frequently debate the validity of banning certain types of weapons or keeping felons from owning guns for the entirety of their lives. But all of the same kinds of penalties can apply to people who illegally carry ammunition. Ammunition can be incredibly small and weigh almost nothing, yet cause a person severe penalties if they are found with it in the wrong places.

Carrying ammunition is illegal in all the same places where carrying a gun is illegal. This includes the many different situations and degrees of illegal gun possession. A person is legally banned from carrying ammunition at airports across the state of New York. They are unable to carry ammunition without a permit and are given stiff penalties if they are found with ammunition in the process of committing another crime. Although ammunition cannot be used without a weapon, it can still be dangerous. Ammunition can be used to make otherwise ineffective guns deadly, and bullets can still fire in the presence of high heat and pressure.

Certain other regulations govern the carrying of ammunition. In New York City, NYC Administrative code 10-131(i)(4) makes it a misdemeanor to own ammunition for guns that a person is not otherwise allowed to carry. New York Penal Law 265.37 bans any ammunition feeding device that carries more than seven rounds. These laws apply in the state of New York irrespective of the laws in any other state. That means that gun owners who can legally carry and use certain forms of ammunition and feeding devices in other states cannot carry those devices into New York if they are banned in that state.

Ammunition laws must be carefully navigated. They all lead to misdemeanors which carry more weight than other crimes. Ammunition violations, like gun violations, cannot be expunged. This means that they can stay on a person’s permanent record and can keep them from voting or working a job. These violations can come from simply bringing one bullet that a person had forgotten about into a security line to get on a plane. Incredibly simple, innocent mistakes can harm a person’s reputation for months or even years. New York gun laws are serious and strict, and they should not be treated lightly by anyone.

Attorneys can help bear some of the brunt of New York’s harsh ammunition laws. Many violators believe that these laws are simplistic and easy to defend in court. The sworn testimony of a few witnesses can put a person in the same place as a bullet or a feeding device, and a chain of custody can be established with a few inquiries. However, this does not mean that attorneys are not inherently helpful. Evidence for violations of these laws must be properly treated and maintained. Witnesses must be honest and truthful in their testimony, and prosecutors must prove a case beyond a reasonable doubt. It is entirely possible that a seemingly open-and-shut case can prove to be far more complicated and can rarely lead to an acquittal. When acquittal is not an option, a skilled attorney can help a defendant plead to a lesser charge or plead for lower sentencing. Pleas can help first-time offenders avoid jail time or secure a lesser charge that may be expunged. These are all tools that attorneys are much more well-versed on than their clients are. As a result, the attorney should be the first place that anybody faced with these ammunition charges should turn.

If you face ammunition charges, make sure to contact an attorney. You may feel as though you know your case well or you have no chance at success, but this may not be the case. An attorney will usually provide a free initial consultation to review the facts of your case and determine what the best approach to move forward is. Adequate, private legal representation may mean the difference between a sensible penalty and a life-altering punishment. Make sure to call your attorney today and figure out your options. You will be glad you did.

by Leonard on Spodek Law Group
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New York, NY 10005

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Astoria, NY 11106

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