NY Penal Law § 265.17: Criminal purchase or disposal of a weapon

New York has strict rules about who may and who may not purchase a gun or firearm. If you are legally prohibited from purchasing a weapon and you do so anyway, you would have committed crime. Under New York Penal Code § 265.17, you would have committed the crime of criminal purchase or disposal of a weapon if you:

1. Purchase a firearm, rifle or shotgun and you know that you are prohibited from doing so because of a prior conviction or because of some other reason

2. Purchase a firearm for another person who you know is prohibited from possessing a firearm, rifle or shotgun

3. Dispose of a firearm, rifle or shotgun to another person who you know is prohibited from possessing a firearm, rifle or shotgun

A man has been convicted of a burglary in the second degree. He has served his prison term and has been released to serve a term of post-release supervision. Because of his felony conviction and because of the conditions of his post-release supervision, the man is legally ineligible to purchase or possess a firearm. Despite this, he asks his cousin if he could get a gun for him. The cousin agrees. Later the man is arrested for attempted burglary and the police find the gun on his person. The investigation of the man's crime revealed that he got the gun from his cousin. The cousin could be prosecuted for criminal purchase or disposal of a weapon.

1. Criminal possession of a weapon on school grounds: New York Penal Code § 265.01-a
2. Criminal sale of a firearm in the first degree: New York Penal Code § 265.13

If the police uncovered the weapon during a search, one way to defend a charge of criminal purchase or disposal of a weapon is to challenge the search that uncovered the weapon as unlawful. There are rules that the police must follow in order to stop and search someone's person, car or home. If the police do not follow such rules a court may find that the search was unlawful. If that happens the prosecutor may have no choice but to dismiss the case against you.

Because criminal purchase or disposal of a weapon is a class D felony the maximum possible sentence is 7 years in prison. However, the judge has the option of not sentencing you to any time in jail, but to probation. The actual sentence you will receive will largely depend on your prior criminal record. If you have a prior felony conviction, the just will sentence you to at least 2-4 years in prison.

A person is guilty of criminal purchase or disposal of a weapon when:

1. Knowing that he or she is prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some other disability which would render him or her ineligible to lawfully possess a firearm, rifle or shotgun in this state, such person purchases a firearm, rifle or shotgun from another person; or

2. Knowing that it would be unlawful for another person to possess a firearm, rifle or shotgun, he or she purchases a firearm, rifle or shotgun for, on behalf of, or for the use of such other person; or

3. Knowing that another person is prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some other disability which would render him or her ineligible to lawfully possess a firearm, rifle or shotgun in this state, a person disposes of a firearm, rifle or shotgun to such other person.

Law enforcement considers giving someone access to a gun who is ineligible to possess one to be a very serious offense. As a result the consequences are serious. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with gun crimes, grand larceny, white collar crimes, and other serious crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.