The Second Amendment to the United States Constitution unequivocally states that Americans are afforded the right to bear arms. While the Supreme Court has held that individuals’ have the right to possess a firearm for lawful purposes such as self-defense, there are significant restrictions on who may possess firearms and where and how they may be used, particularly in New York City.
Charges Involving Weapons
Weapons-related charges can stem from the unlawful use of a gun or from the use and possession of a gun. Weapons-related charges may also include any of the following criminal infractions:
- Carrying a Per Se Weapon (gravity knives, switchblades, brass knuckles, etc.)
- Possessing a Deadly Weapon During the Commission of a Felony
- Possession of a Dangerous Instruments with Intent to Use Unlawfully
Possession of a Firearm by Prohibited Persons
Your defense attorney can also help you if you were found in possession of a firearm and are classified as a person prohibited from owning or possessing deadly weapons. A person may be prohibited from possessing a firearm either as a condition of their probation or due to the mandatory sentencing guidelines for certain crimes. Persons prohibited may include any of the following:
- Those convicted of crimes of violence and physical injury;
- Anyone having been committed to a mental health facility;
- Individuals convicted of certain drug offenses;
- Fugitives from justice.
If you are facing a weapons charge, including those involving the unlawful use or possession of a firearm, a criminal defense attorney can help you not only reduce or defeat your charges but safeguard your right to protect yourself and your home.