New York Possession of a Weapon Frequently Asked Questions

Item: Stephen Bilkis & Associates, PLLC
Rating: 5
Author: J.P.

What Is the Crime of Possession of a Weapon?
What Weapons Are Illegal?
Can Felons Possess Guns?

What Is the Crime of Possession of a Weapon?

It is illegal for a person to possess a weapon if that person is not legally authorized to possess a weapon, or if a particular type of weapon is illegal. For example, New York state law requires that an individual must have a license to own a firearm. In the absence of a license, the person would be in violation of firearm possession laws. There are state and federal laws that ban certain firearms such as assault weapons. Even if a person has a license to possess a firearm, the person would still have committed a crime if they possessed a firearm that is itself illegal.

What Weapons Are Illegal?

Under state law there are many weapons that are legal. Weapons that are illegal in New York include: switchblade knives, cane swords, brass knuckles, and assault guns. If you are found with one of these weapons, the weapon would be confiscated and you would face criminal charges.

Can Felons Possess Guns?

While it is widely believed that those who have been convicted of felonies are not legally permitted to possess firearms, in many jurisdictions it is possible. In New York those with felony convictions can apply for a Certificate of Good Conduct from the New York State Board of Parole or for a Certificate of Relief from Disabilities. If granted, the right to own a firearm would be restored.

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