The New York criminal defense lawyers and former Manhattan prosecutors at Crotty Saland PC are pleased to announce another victory for a client charged with Criminal Possession of a Weapon in the Second Degree for possessing a “loaded” firearm at John F. Kennedy (JFK) Airport in Queens. Although our client, a Florida teacher, was charged with New York Penal Law 265.03 and faced a mandatory minimum term of 3.5 years in prison if convicted of that felony, Crotty Saland PC secured a disposition where he pleaded to Disorderly Conduct pursuant to New York Penal Law 240.20. Not only did his plea to this violation avoid incarceration, probation or community service, the plea did not give our client a criminal record at all.
Unfortunately, many honest people who lack any criminal intent are swept into the New York criminal justice system for possessing firearms (pistols, hand guns, revolvers, etc.) without a proper permit to do so. Unwittingly, these people visit New York with the firearm thinking that it is “OK” to possess it in New York City because the have a license or permit to have that firearm in their home state. Often times, when they return home through a New York area airport such as LaGuardia and JFK in Queens, they check the firearm and end up getting arrested. Compounding matters, the firearm is legally loaded, albeit not physically, because the ammunition or bullets are in the hard case along with the gun. The message here is clear. Do not bring your firearm to New York unless you have the proper license(s) in New York State and New York City to do so.
It should go without saying that no two cases are the same and the results in one criminal matter do not guarantee similar results in a case that appears the same. Having said that, you should consult with a New York criminal defense attorney and keep yourself educated on the laws involving guns, pistols, revolvers and other firearms so that you can avoid the embarrassment and devastating impacts of an arrest.
For further information on Criminal Possession of a Weapon including New York gun and firearm crimes as well as information regarding gun arrests at New York airports, please follow the highlighted link. For information regarding legal decisions and various weapon statutes in New York, please review the New York Criminal Lawyer Blog section on weapon offense.
Crotty Saland PC is a New York criminal defense firm representing clients in all criminal investigations and arrests. Founded by two former Manhattan prosecutors, the New York criminal defense attorneys at Crotty Saland PC represents clients throughout the greater NYC area.