New York Criminal Possession of a Weapon at New York Airports
The right to bear arms is one that every American is given thanks to the constitution, but there are laws in New York that some consumers are unaware of and might end up in jail because of it. While you are free to carry a firearm provided you have the correct license, the firearm is purchased legally, and you are someone who is not banned from owning a firearm, you are not permitted to carry a weapon in any New York airport. If you are caught in an airport with a firearm, you will be immediately arrested and taken to jail. You will not get a second chance to prove you didn’t know, you will not be able to stop this from occurring, and you must know your rights.
If you do not have a New York license that allows you to carry a firearm on you, you will go to jail. It might not be something you planned on using for any ill intent. You might simply have a concealed carry permit in the state in which you reside, but that’s not good enough when you are in New York. You must carry the correct license to have a firearm on your person when you are in New York, and you will be arrested in the airport when it’s discovered you have a gun on you and no license in the state to carry it.
Criminal Possession of a Firearm in a New York Airport
The problem with this charge is most people who are arrested for carrying a firearm in the airport in New York have no idea what they are doing is breaking the law. Most aren’t trying to get on a plane with a loaded weapon in his or her pocket, and most are simply trying to get home to see their families or to head off on a vacation. They have their firearm properly tucked away in their luggage that’s being checked, the gun is not loaded, and the ammunition is correctly stored in a separate area where it is not easily accessible with the gun.
Unfortunately, they are then arrested and taken to jail. It’s a simple miscommunication on part of the person in the airport who is simply unaware he or she is breaking any laws. It’s made even more difficult when they were able to get their gun to New York after declaring it without any issue because they were not made aware of the fact they need a license to carry it in New York.
If you are caught with a firearm and no license in any New York airport even if it’s tucked neatly away in your luggage and it’s unloaded, you will be arrested and sent to jail. The mandatory punishment for criminal possession of a firearm in a New York airport is 3.5 years, and you’ll serve this time even if you haven’t a criminal history or any other charges in your name.
Call an Attorney
The law in New York is not the same as it is everywhere else, which is why you might find yourself in this situation to begin with. It’s dangerous to enter an airport in New York with a firearm and no license, even if you are unaware of this law. Now you need an attorney to work with you to help you prove your case and leave the state without facing criminal charges. Criminal charges not only come with jail time, they also remain on your record. This makes it far more difficult to find a job, a home, and even to go through the rest of your life without that shadow over your head.
An attorney can work with you to help you prove your case and ask to have your charges either dropped or seriously reduced. It’s helpful if you were following the letter of the law in effect in the state in which you reside. If your gun is in your checked luggage, the ammunition is not in the gun, and you are not carrying it on your person, it’s helpful in a court of law for an attorney to point out that your situation was being handled correctly.
You did everything right. You didn’t attempt to carry a gun on a plane, you didn’t attempt to carry a loaded firearm on a plane, and you didn’t try to break any laws. You were simply carrying a firearm on you because you have the proper license and the right paperwork to do so where you live, and you simply didn’t know you were not permitted to do this in New York. It’s not right you go to jail for something you didn’t even know what a law in effect. Call an attorney right away if you are arrested in a New York airport. Do not allow your confusion to cause you to speak to the arresting officers without an attorney present.
Mar 31, 2020
May 17, 2018
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