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WE'RE A BOUTIQUE NYC CRIMINAL DEFENSE LAW FIRM. YOU WORK WITH ONE OF OUR SENIOR ATTORNEYS PERSONALLY.

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WE'RE ONE OF NEW YORK'S OLDEST CRIMINAL DEFENSE LAW FIRMS. TRUST 50 YEARS OF EXPERIENCE.

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Queens Gun Possession Lawyers

The components of gun possession can be unclear at times. The Second Amendment allows for people to be able to keep and bear arms, meaning that they can keep a gun to protect their home and family. However, states have created laws that require people to get a permit if they want to have a gun. There are also regulations as to where a gun can be carried. Most states require a background check before someone can get a gun. If there are certain issues on the criminal background, such as a felony or an assault, then the person applying usually won’t be able to get a gun.

If you have a gun in your possession without the proper permits or if you’re at a location where guns are prohibited, then you could be charged with gun possession. There are usually strict punishments if you are charged and convicted of gun possession. It’s often seen as a felony in most states. This type of charge will often carry with you on your record and can prevent you from getting a job, enrolling in a college or getting a permit for a gun in the future. There are a few components to gun possession to consider. One is that you must knowingly have a gun illegally in your possession. If you aren’t legally licensed or able to be licensed to own a gun, then you can be charged with possession. The gun that you have must be able to discharge ammunition even if it doesn’t have ammunition inside at the time. There are sometimes different laws regarding having a gun in public compared to having a gun in your home. The laws about keeping a gun in your own usually aren’t as strict as they are if you were to have a gun in a public location.

There are a few factors that the law will look at that can increase the punishment you receive for gun possession. One is if you have a gun on school property even if there aren’t children there at the time. If you’re on probation and have a gun, then your probation will usually be revoked, which means that you will go to jail for those charges and the gun possession. Prior convictions can mean an increased punishment. The attitudes that people in the community have about guns can also play a part in how you’re charged and the punishment you receive.

If you’ve been charged with gun possession, it’s important to talk to an attorney as soon as possible. You need to give any kind of information about where you had the gun and why you had it in your possession. If you have proper documents for possessing the gun, then these need to be given to the attorney so that they can be turned in to the court. The first offense can usually result in up to two years in prison. Each state has their own requirements for whether the possession is a misdemeanor or a felony. Most of the time, gun possession results in at least a year in prison along with fines that are about $1,000. The nature of the possession and the situation surrounding the possession will sometimes mean several years in prison and higher fines as well as the inability to own a gun in the future.

by Leonard on Spodek Law Group
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Astoria, NY 11106

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Brooklyn, NY 11201

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