In the best of all scenarios, the New York criminal defense attorneys and former Manhattan Assistant District Attorneys at Crotty Saland PC are proud to announce the granting of an Adjournment in Contemplation of Dismissal (commonly called an ACD) on behalf of a client arrested for Second Degree Criminal Possession of a Weapon (New York Penal Law 265.03). In a not so atypical set of circumstances, Port Authority Police Officers arrested our client as he attempted to check his legally owned and licensed out-of-state handgun with airline ticket agents at JFK airport (the same would have occurred at LaGuardia Airport). Assuming he was compliant with the law prior to his arrest for NY PL 265.03, our client secured the firearm in a hard side case, removed the ammunition from the pistol and voluntarily advised the airline representatives of his possession. Unfortunately for our client, ignorance of the law is no defense for a Weapon Possession crime and our client faced the wrath of New York’s strict firearm laws.
Whether or not you agree with New York’s gun laws and possession statutes, compliance in one state does not mean compliance in New York. Where your possession would be non criminal elsewhere, your possession of a legally owned and registered out of state firearm in New York City or an airport in Queens becomes a class “C” felony if the gun is loaded. Remember, loaded in the eyes of the law is much more liberal and does not require bullets or ammunition actually in a chamber, cylinder, cartridge, etc.
Despite our client’s sincere belief that he was following the law in New York, our client was able to dodge the figurative bullet. There have been many occasions that individuals arrested in New York City – Manhattan, Brooklyn, Queens and the Bronx – have been convicted of misdemeanors and felonies even where the firearm was licensed out of state. Although a more extreme, but not necessarily atypical example, former New York Giant wide receiver served two years in prison. One night in the “tombs,” central booking or Rikers Island is likely too much for most people.
While Crotty Saland has had tremendous success representing people from all walks of life in Criminal Possession of a Weapon in the Second Degree cases, each case is unique. Yes, our New York criminal attorneys have obtained dismissals through ACDs and Disorderly Conducts (non criminal violations), but the results in one case by no means guarantee future results. Whomever your counsel may be, identify your best defense and implement that defense.
To read about New York gun laws, weapon crimes and other offenses, follow the links throughout this blog entry. There you will not only find a review of the New York Penal Law, but cases and legal decisions interpreting these crimes.
Founded by two former Manhattan prosecutors, the New York criminal defense attorneys at Crotty Saland PC represent clients throughout the New York City region.