New York Gun Rights Lawyer

At Varghese and Associates, we are dedicated to protecting the Second Amendment rights of New Yorkers. We understand that navigating New York’s stringent gun laws can be daunting and sometimes may feel like an uphill battle. Our firm specializes in gun rights law, offering experienced and passionate legal representation to ensure that the constitutional rights of gun owners are respected and upheld. For immediate assistance, contact us today.

What Are New York Gun Rights?

Understanding New York gun rights involves navigating one of the most complex and stringent sets of firearms regulations in the United States. Here’s an overview of the essential rights and restrictions that define gun ownership in the state of New York:

Right to Own Firearms

While the Second Amendment of the U.S. Constitution guarantees the right to keep and bear arms, each state has the authority to regulate the possession, use, and sale of firearms within its borders. In New York, residents have the right to own firearms, but this right comes with strict conditions to ensure public safety.

Licensing Requirements

• Handguns: New York requires anyone with a handgun to obtain a license. County licensing officers manage this process and involves a thorough background check, fingerprinting, character references, and sometimes even an interview. Handgun licenses can be issued for concealed carry or possession on-premises, depending on the applicant’s need and qualifications.
• Long Guns: New York does not require a state license to own a rifle or shotgun, except in New York City, which mandates a permit for all types of firearms.

SAFE Act

The New York Secure Ammunition and Firearms Enforcement Act of 2013 (SAFE Act) introduced several additional regulations:

• Assault Weapons Ban: The SAFE Act expanded the definition of “assault weapons” and banned the possession, sale, and transfer of these firearms unless they were lawfully owned before the law took effect and registered with the state.
• Magazine Limits: The SAFE Act limits magazines to a capacity of no more than ten rounds, with stricter rules applying to how many rounds can be loaded in certain circumstances.
• Universal Background Checks: All private sales or firearms transfers (except between immediate family members) require a background check conducted through a licensed firearms dealer.
• Mental Health Reporting: Mental health professionals must report to authorities if they believe a patient is likely to harm themselves or others. Those reported can have their guns seized and must surrender any firearms license.

Restrictions and Prohibitions

• Felons and Certain Misdemeanants: Individuals convicted of felonies or serious misdemeanors are prohibited from possessing firearms.
• Domestic Violence: New York enforces laws that prohibit firearm possession by individuals convicted of domestic violence misdemeanors or subject to protective orders.
• Sensitive Locations: Firearms are prohibited in certain designated areas, such as schools, government buildings, and other sensitive locations.

Legal Challenges and Appeals

The strictness of New York’s gun laws often leads to legal challenges based on alleged infringements of Second Amendment rights. For example, recent Supreme Court cases have questioned the constitutionality of certain state-level restrictions, leading to changes and legal debates.

Understanding Your Rights

For New York residents, understanding gun rights means recognizing the law’s protections and the responsibilities imposed. Given the complexity and variability of New York’s laws, especially when compared to federal standards and those of other states, legal guidance is often necessary. Gun owners and prospective gun owners are encouraged to consult with knowledgeable criminal defense attorneys to understand how these laws fully affect their rights and obligations.

What a New York Gun Rights Lawyer Can Do For You

At Varghese and Associates, we specialize in defending and upholding the Second Amendment rights of New Yorkers. Navigating the complex landscape of New York’s stringent gun laws can be challenging and, at times, overwhelming. Here’s how our dedicated team of gun rights lawyers can assist you:

Aggressive Legal Representation

• Defense Against Criminal Charges: If you face gun-related charges, such as illegal possession or unlicensed firearm handling, having an experienced gun rights lawyer is crucial. We offer robust defense strategies tailored to the specifics of your case, challenging the evidence presented against you and fighting for the best possible outcome in court.
• Challenging Unconstitutional Laws: We actively challenge laws that we believe infringe upon the constitutional rights of gun owners. By staying at the forefront of legal advocacy and leveraging significant cases like District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, we work to set precedents that protect and enhance gun rights in New York.

Advocacy and Support

• Public Advocacy: Beyond individual cases, our firm advocates for broader legislative reforms that support the rights of gun owners. We work with policymakers and stakeholders to promote laws that respect constitutional rights while ensuring public safety.
• Personalized Support: At Varghese and Associates, we understand that each client has unique needs and circumstances. We provide personalized attention to each case, ensuring you feel supported and informed throughout your legal journey.

Common Gun Charges for Law-Abiding Citizens

In New York, even law-abiding citizens can find themselves facing gun charges due to the state’s strict firearm regulations. Understanding these common charges can help residents navigate the complexities of gun ownership and avoid potential legal pitfalls. Here’s an overview of some typical gun charges that might affect conscientious gun owners in New York:

1. Criminal Possession of a Firearm

This broad charge can be applied simply for possessing a firearm without the proper licensing. New York requires specific licenses for handguns and has stringent rules even for rifles and shotguns in certain areas like New York City. Unaware of licensing requirements can lead to unexpected legal troubles for otherwise law-abiding citizens.

2. Criminal Possession of a Weapon

This charge often pertains to the possession of certain firearms considered illegal under New York law, such as those classified as “assault weapons” under the NY SAFE Act. It can also apply to the possession of firearms with features like strictly regulated high-capacity magazines. Unintentional violations can occur when individuals purchase or inherit firearms that they may not realize are classified differently under state law.

3. Illegal Disposition of a Firearm

New York has specific requirements for the transfer or sale of firearms, all of which must go through a licensed dealer and include a background check—even for private sales. Failure to follow these protocols can result in charges, impacting individuals who might believe they are simply giving or selling a firearm to a trusted friend or relative.

4. Possession of an Unregistered Firearm

In New York, particularly in New York City, all handguns must be registered. Failure to register a handgun, even if it was legally purchased in another state or inherited, can lead to criminal charges. This type of situation commonly ensnares new residents or individuals who receive firearms as part of an estate.

5. Carrying a Firearm Without a Permit

Carrying a concealed firearm in New York requires a permit, and obtaining this permit can be extremely challenging, especially in New York City. Individuals from states with more permissive gun laws may not realize the strictness of New York’s regulations and carry a firearm without the necessary authorization, leading to serious legal consequences.

What To Do If You Were Wrongfully Charged with a Gun Crime in New York

Being wrongfully charged with a gun crime in New York can be a highly stressful and intimidating experience, especially given the state’s strict gun laws and severe penalties. If you find yourself in this situation, taking immediate and calculated steps to protect your rights and build a strong defense is crucial. Here is what you should do if you are wrongfully charged with a gun crime in New York:

Remain Calm and Exercise Your Rights

First and foremost, stay calm and remember your rights. You have the right to remain silent and the right to an attorney. It’s important not to discuss your case with the police or anyone else until you consult a lawyer. Anything you say can be used against you in court.

Contact a Defense Attorney Immediately

Contact a criminal defense attorney with experience in gun laws in New York as soon as possible. An experienced lawyer can provide crucial guidance and take immediate action to protect your rights. The earlier an attorney is involved, the more effectively they can gather evidence, interview witnesses, and formulate a robust defense strategy.

Do Not Consent to Searches

Without a warrant, you are generally under no obligation to allow law enforcement to search your property or possessions. Politely but firmly refuse any requests to search your home or vehicle until you have spoken to your attorney. Your attorney can then address any search-related issues in the proper legal manner.

Gather and Preserve Evidence

If you have any evidence that could prove your innocence or be used in your defense, make sure to gather and preserve it. This might include receipts, registration information, communications, or any other documents related to the firearm in question. Inform your attorney about this evidence so it can be used to build your case.

Document All Interactions

Keep detailed records of all interactions with law enforcement or other parties involved in your case. Write down names, badge numbers, dates, times, and the nature of the conversations. This information can be very useful for your defense.

Comply With All Legal Requirements and Court Dates

While your case is pending, complying with all legal requirements and court appearances is crucial. Being compliant demonstrates responsibility and can positively influence your case. Ensure you understand all court orders and legal obligations, and consult your attorney if you have any questions.

Discuss Possible Defense Strategies

Various defense strategies might be applicable, depending on the specifics of your case. These can include challenging the legality of a weapon search, proving the firearm was not in your possession, arguing for a lack of intent, or demonstrating compliance with all legal requirements for ownership and carrying. Your attorney can advise on the best approach based on the details of your case.

Stay Informed

Stay informed about your legal rights and the progress of your case. Communicate regularly with your attorney and make sure you understand each step of the legal process. Being actively involved can help you make informed decisions about your defense.

Contact Varghese and Associates for Immediate Assistance

If you’ve been wrongfully charged with a gun crime in New York, Varghese and Associates is here to help. Our team of experienced gun rights lawyers understands the complexities of New York’s gun laws and is committed to defending your freedoms. Contact us today to schedule a consultation and take the first step toward securing your rights and fighting the charges against you.

Defenses Against Unlawful Gun Charges

When facing unlawful gun charges in New York, mounting a strong defense is critical. The complexity of state gun laws and the severe penalties for violations necessitates a strategic and informed approach to defense. At Varghese and Associates, we employ various defenses based on each case’s specifics. Here are some common defense strategies that may be applicable:

• Lack of Possession: Argue that the accused did not have control over or possess the firearm, especially in cases involving shared spaces or vehicles.
• Illegal Search and Seizure: Challenge the legality of the search that led to the discovery of the firearm, asserting protection under the Fourth Amendment.
• Mistake of Fact: Claim that the accused had a good faith belief that their actions were legal, such as unknowingly possessing an unregistered firearm inherited from a relative.
• Valid Ownership and Lack of Intent: Demonstrate legal ownership of the firearm and no intent to use it for unlawful purposes.
• Entrapment: Argue that law enforcement induced the accused to commit a crime they would not have otherwise considered.
• License and Registration Compliance: Provide proof that all necessary licenses and registrations were legally obtained and are current.
• Self-Defense: Justify the possession or use of the firearm as necessary for immediate personal safety in a threatening situation.

Each defense is tailored to the case’s specifics, leveraging a deep understanding of New York gun laws to advocate for the accused effectively. For legal guidance, contact Varghese and Associates.

Defend Your Second Amendment Rights with Varghese and Associates

If you’ve been charged with a gun crime in New York, remember that you have fundamental rights under the Second Amendment. At Varghese and Associates, P.C., we defend those rights and ensure that you receive fair and just treatment under the law. Our experienced legal team understands the complexities of New York’s gun laws and is ready to offer you the robust defense you deserve.

Don’t navigate this challenging time alone. Contact Varghese and Associates today to schedule a consultation. We will review your case, provide aggressive legal advice, and develop a strategic defense to protect your rights and future. Stand up for your right to bear arms—let us help you fight against wrongful charges and uphold your freedoms.