Attorney Protecting You Against Gun Charges In New York
The Secure Ammunition and Firearms Enforcement (SAFE) Act is a game-changer when it comes to gun charges in New York. If you face gun-related charges, you need an experienced defense lawyer defending your rights now and preserving your Second Amendment rights in the future.
At the Law Office of Adam J. Willman, Adam provides people in Rochester and throughout upstate New York with a fierce defense against gun-related criminal charges. You can rely on him to limit your exposure to jail time, fines and other consequences of a criminal conviction.
What Is The SAFE Act?
The goal of the SAFE Act is to make New York a safer place to live by “preventing criminals and the dangerously mentally ill from buying guns.” This is a worthy goal in theory. In practice, it leaves gun owners walking a tightrope, knowing that a wide variety of criminal convictions or failures to comply with the act’s requirements can result in losing their right to bear arms in New York state. Requirements include:
- Passing a background check through the National Instant Criminal Background Check System (NICS) in order to purchase a gun
- Recertifying handgun permits every five years
- Reporting lost or stolen guns within 24 hours
The best way to avoid becoming one of the “criminals” that the state wants to stop from owning a gun is to take all criminal charges seriously. You can rely on attorney Adam Willman to protect your rights – including your right to bear arms by pursuing a dismissal of the charges you face or, when necessary, negotiating an outcome that does not result in you losing your right to own a gun.
New York Firearm Possession Laws
New York law imposes strict requirements on firearm possession. Key legal requirements include:
- Obtaining a license to possess any pistol or revolver (premises license for home possession or concealed carry license)
- Completing firearm safety training, providing four character references and attending an in-person interview for concealed carry licenses
- Recertifying every three years for concealed carry permits and every five years for premises licenses
- Storing firearms in locked containers or with locking devices when kept in homes
- Reporting lost or stolen firearms within 24 hours
Violating these possession and storage laws can result in criminal charges separate from any underlying offense. Rochester also prohibits possessing firearms in public places and facilities, with limited exceptions for licensed carriers.
What You Need To Know About Concealed Carry Law
The New York Concealed Carry Improvement Act (CCIA) requires you to have a license to carry a concealed weapon in a public area. Openly displaying a gun in the state is illegal and comes with strict consequences. Having a premises permit is insufficient, as this only allows you to keep a gun at home or your business.
To obtain a concealed carry permit, you must meet these requirements set by state law:
- Complete an 18-hour training course, which consists of 16 hours of classroom instruction and two hours of live-fire range training
- Pass a written test
- Provide four character references who can speak about your moral character
- Disclose the names of spouse, domestic partner and all adults residing in the household
- Attend an in-person interview
New York does not honor concealed carry weapon permits from other states. Non-residents must follow the state’s specific licensing guidelines to legally carry.
Gun Safety in New York state also stresses that permit holders are not allowed to carry guns in these sensitive locations:
- Government buildings
- Healthcare facilities
- Places of worship
- Public parks, playgrounds and zoos
- Schools, universities and childcare facilities
- Public transportation
- Bars, restaurants serving alcohol and cannabis consumption venues
- Theaters, performance halls and gaming facilities
- Polling places and public demonstrations
The restrictions extend to restricted locations like private and commercial properties. Owners may have set their own rules, and they have full legal right to prohibit weapons on their property. On private property open to the public, licensed individuals may carry a concealed firearm unless the owner explicitly prohibits weapons through posted signs or direct instruction. For private property not open to the public, express permission from the owner is still required. These restrictions do not apply to authorized individuals, such as:
- On-duty active police officers and qualified retired law enforcement
- On-duty armed security guards with specialized permits
- Active-duty military personnel performing official duties
- People who are part of lawful hunting, historical reenactments or sanctioned shooting sports
Carrying a firearm into a restricted or sensitive location without authorization can result in felony charges, potential jail time and the immediate revocation of your carry license.
Gun Charges Defense Practice
The firm defends against a wide range of felony and misdemeanor gun-related charges, including:
- Criminal possession of a firearm
- Criminal possession of a weapon on school grounds
- Criminal use of a firearm
- Criminal sale of a firearm
As a former criminal prosecutor, Adam Willman understands both sides of these criminal cases. He will use his knowledge of the criminal justice system to protect your rights and efficiently achieve an outcome that limits your exposure to criminal penalties and collateral consequences.
Don’t Let Gun Charges Destroy Your Rights
There is no such thing as a “minor” gun charge in New York state. Call the firm at 585-643-5274 or send an email to put an experienced defense lawyer on your side. The firm offers a free consultation and looks forward to protecting your rights, reputation and freedom.