What New York Law Says About Weapons Trafficking

Under New York Penal Law Section 265, it is illegal to possess a firearm with the intent to sell or transport it without proper authorization. This law applies to individuals who are found to have illegally sold, transported, purchased, or possessed firearms in New York. Depending on the circumstances of the case and the type of weapon involved, criminal charges for weapons trafficking can range from misdemeanors all the way up to felonies.

The various types of weapons trafficking charges include:

• First Degree Criminal Sale of a Firearm: A person is guilty of first degree criminal sale of a firearm when they have knowledge that the firearm or ammunition was obtained illegally, and they knowingly sell, exchange, give away or dispose of any such weapon to another. This offense is considered a class B felony in New York punishable by up to 25 years in prison.
• Second Degree Criminal Sale of a Firearm: A person can be found guilty of second degree criminal sale if they are not authorized to possess firearms but still possess them with the intent to sell them. This offense is punishable as either a Class C felony or Class B misdemeanor depending on circumstances related to the case with penalties ranging from 2 years up to 15 years in prison.
• Third Degree Criminal Sale of a Firearm: A person can be convicted for third degree criminal sale if they unlawfully transport firearms across state lines into New York State without permission from local authorities. This offense is typically charged as a class D felony or unclassified misdemeanor in New York and carries penalties including fines and possible jail time.

Defense Approaches in Weapons Trafficking Cases

If you’re facing criminal charges for weapons trafficking in New York City, all hope is not lost. With the right team of experienced attorneys on your side, you have a chance to fight back and protect your rights. At Raiser & Kenniff, we understand the complexities of these types of cases and use our extensive knowledge to craft a defense strategy tailored to your situation. 

Some of the defense strategies we can use to help you include: 

• Challenging the search and seizure of evidence. If police officers obtained the evidence against you through illegal methods, then it may be possible to have it excluded from your case entirely. 
• Questioning the validity of the evidence. Depending on the circumstances surrounding your case, we can challenge whether or not the weapons were actually in your possession or if they were planted by law enforcement officials. 
• Negotiating a plea deal with the prosecutor’s office. In some cases, we may be able to negotiate a reduced sentence or lesser charges in exchange for your cooperation with prosecutors. 

No two criminal cases are alike—which is why you need attorneys who understand how to navigate the complexities of weapons trafficking cases in New York City. By trusting Raiser & Kenniff with your case, you can rest assured knowing that we will fight for the best possible outcome on your behalf.