Many people accused of firearm violations in New York face other criminal charges as well. Having a weapon while committing another crime can lead to aggravated charges or secondary criminal charges.
Occasionally, the legal violation that brings a gun offense to light is relatively minor. People pulled over for minor traffic violations could ultimately end up facing a much more serious weapons charge if they inform officers that they have a weapon or if police officers see a firearm in the vehicle.
When could a traffic stop lead to firearm charges?
When a firearm is loaded or accessible
Generally speaking, there are strict rules for transporting firearms in a vehicle in New York. People generally need to keep their weapons in an inaccessible place, such as a locked case in the trunk of the vehicle.
They also need to transport them while they are unloaded. In fact, they usually should not leave the firearm unattended in a vehicle, even if they lock the vehicle.
There are exceptions for those who have appropriate permits. Those who own handguns in New York must have a license, while those with rifles or shotguns require a permit.
People who try to do the right thing by telling officers about the presence of a firearm in their vehicles might ultimately put themselves at risk of criminal prosecution. Even those from out of state who comply with the requirements in their home state could be at risk of prosecution when crossing New York in a vehicle.
Fighting back against weapons charges requires an understanding of the law. Those accused of violating firearm statutes often require guidance if they want to avoid a conviction, and that’s okay.