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Articles Posted in Weapon Possession

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Saland Law Secures Mistrial for “Empty Chair” Client Before Jury Hangs in Loaded Firearm Trial

There are few things more difficult as a criminal defense attorney than representing an “empty chair” at trial where that chair, or, better stated, client, is accused of possessing a loaded and disguised “cell phone” gun in a vehicle he is driving without any passengers. OK, well, maybe that is…

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Saland Law Sees Uptick in Arrests & Summonses for Gun, Knife, Baton & Ammunition Crimes at JFK & LaGuardia Airports

Over the past year alone, Saland Law, PC, a New York criminal defense firm, has represented well north of two dozen clients arrested, given Desk Appearance Tickets (DATs), or given pink summonses or tickets by police officers with the Port Authority Police Department for a litany of New York weapon…

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Prosecutors Dismiss Loaded Firearm Felony Against Promising Young Attorney in Interest of Justice After Client Accused of Brandishing Loaded Weapon

Usually, one of the first questions clients ask me in my capacity as a criminal defense lawyer after they have  been arrested by the NYPD or Port Authority Police for possessing a loaded firearm is, “What is the penalty is for carrying a gun in New York City?” and “How…

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The LaGuardia and JFK Penal Law Article 265 “No Fly List”: From Batons and Brass Knuckles to Switchblades and Firearms

When Queens criminal lawyers think of the “no fly list”, they very well might think of something other than individuals the government doesn’t want in or around an airplane or airport, whether JK, LaGuardia, or elsewhere. Instead of a list consisting of people, criminal defense attorneys have a different list…

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New York Ghost Gun Crimes: Penal Law 265.01(9) & Related Criminal Possession of a Weapon Felonies

Even before New York codified its “ghost gun” specific crime through Penal Law 265.01(9), any criminal lawyer, prosecutor, or judge would likely tell you that New York State had, and has, some of the strictest firearm laws on the books. In fact, possessing an unlicensed and loaded firearm outside your…

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Understanding New York Penal Law 265.01-e & 265.01-d: Sensitive & Restricted Locations

New York, like other states, has its own criminal statutes that regulate the possession of guns.  These offenses are generally found in Penal Law Article 265. While some have been on the books for decades, others are more recent additions. Two of these crimes, Penal Law 265.01-e, Criminal Possession of…

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New York Firearm Lawyer Secures Non-Criminal Violation & Future Dismissal for Two Out-of-State Licensed Gun Owners Charged with PL 265.03

Having both prosecuted individuals as a Manhattan Assistant District Attorney and defended clients arrested and charged with Penal Law 265.03, Criminal Possession of a Weapon in the Second Degree, as a New York gun possession lawyer, I have learned over the past 22 years that New York’s firearm laws can…

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ACD Dismissal of Firearm Possession, Dismissal of Allegations in Order of Protection Petition, & Presentation of Case to DA After NYPD Takes No Action

This past week proved busy for the attorneys at Saland Law PC and demonstrative of the multiple hats we wear as criminal defense lawyers, Family Court lawyers, and victim advocates. Secured a future dismissal and return of an heirloom firearm belonging to a client after a felony arrest? Yes. Successfully…

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When Possessing a Knife isn’t a Crime: Fourth Degree Criminal Possession of a Weapon and Utilitarian Objects with Non-Criminal Uses

If George Orwell’s satirical theory of equality in “Animal Farm” applied to the New York Penal Law, then all knives would be created equal even if certain knives were more equal than others. Fortunately, as any criminal lawyer knows, the Penal Law does not allow for such untenable situations where…

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Second Degree Menacing and Fourth Degree Criminal Mischief Dismissed on Motion of Prosecution: Client Falsely Accused of Threatening Another with a Firearm and Preventing 911 Call

While our client charged with Third and Second Degree Menacing and Fourth Degree Criminal Mischief cannot get back the months of his life lost to the criminal justice system, what started off as a bogus claim and an arrest of a federal law enforcement officer finally ended with his complete…

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