In some states, the ownership and sale of firearms is prohibited. There are gun restriction laws in New York, including:
- Juvenile possession rule: This law prohibits any individual under 21 from owning pistols and those under 16 from owning other firearms unless they are used for supervised hunting;
- Juvenile sale or transfer law: This law restricts or prohibits the sale of certain firearms to minors;
- An individual must be 19 years old to purchase a gun in New York;
- Hunting is one activity that has exceptions.
If an individual has any questions regarding gun restrictions in New York, they should consult with an experienced New York lawyer.
What Are Rights Under the Second Amendment?
In the United States, the Constitution provides laws, regulations, and rights for the citizens who live in the country. The provisions of the constitution govern local, state, and federal governments in the country.
These laws provide boundaries for what the government can and cannot legally do. In addition, these laws specify the fundamental rights of the residents.
In addition to the federal Constitution, each state in the U.S. has its own unique constitution that controls its particular population. Constitutional law is commonly linked to fundamental freedoms, including:
- Equal protection;
- The right to keep and bear weapons;
- Freedom of religion;
- Freedom of expression.
The United States Supreme Court is the top authority on all matters involving constitutional law. The only way to overturn a Supreme Court ruling is by a constitutional amendment with support from three-quarters of the states.
The Second Amendment to the United States Constitution recognizes the rights of individuals to keep and bear arms. It is important to note that the exact meaning of this phrase is still up for debate, as the Supreme Court has not established what it means in reality.
Under the Second Amendment, “the right of the people to keep and bear arms shall not be infringed” because “[a] well-regulated militia, being essential to the security of a free state, must not be infringed.” The U.S. Supreme Court has not issued many rulings regarding the interpretation of the Second Amendment.
Because of the 2010 Supreme Court decision, which held that the Second Amendment right to keep and bear arms extends to the states, the constitutionality of state gun control measures around the United States is currently under scrutiny. The indications from the Supreme Court regarding the types of gun restrictions that would be considered constitutional and those that would not be were limited.
It is important to remember that this type of legislation has to pass through the legal system in order to determine its constitutionality.
When Is Carrying a Gun Illegal?
Gun control laws are laws that restrict gun ownership to protect the individual with the gun and other individuals around them. There are several variables, including an individual’s age, background, the type of gun they own, and if they violate concealed carry regulations, will determine whether it is illegal to own a gun.
What Are the Restrictions on Private Gun Ownership?
There are numerous reasons why gun ownership may be prohibited, such as:
- Age or gun type: Under federal law, any individual under the age of 18 cannot purchase a pistol. Rifles and shotguns are examples of long weapons exempt from the ban;
- The minimum age to buy a handgun varies by state and is typically 21 years old, although each state has the authority to impose more stringent age restrictions;
- Background: The history of an individual may also make it unlawful to own a firearm. Any individual who has been convicted of or charged with a federal crime with a potential sentence of more than a year in jail is prohibited from purchasing a firearm under federal law.
Every state has the authority to impose restrictions on which individuals are permitted to own guns based on their background, which is stricter than federal law, similar to the age restriction.
Does New York Have a Law to Prevent Child Access?
In many states, gun owners are not held accountable for their weapons being available to minors. Child safety locks, however, must be provided with weapons.
There is a safe storage law in the State of New York. This law requires locking a firearm in a safe storage depository. This is a container that is not capable of being unlocked without a combination lock or key or the use of a trigger lock when the gun is not carried or under the immediate possession or control of the firearm owner if the owner:
- Lives with another individual who is under 16 years of age;
- Knows or has reason to know that an individual under 16 years of age is likely to gain access to the firearm;
- Knows or has reason to know that an individual the owner resides with is prohibited from possessing a gun due to:
- An extreme risk protection order or other protective order;
- A felony conviction;
- A mental health adjudication or commitment;
- A conviction for a serious misdemeanor.
What About Background Checks in New York?
Every handgun sale, including those conducted at gun fairs, requires a background check. Before an individual can purchase a handgun, they must obtain a license from law enforcement.
The handgun purchase background check can take up to six months to complete. A criminal history check is required for a handgun license.
An applicant has to be at least 21 years of age. In addition, new handguns must be fingerprinted ballistically.
Is Possessing a Concealed Weapon Illegal?
Possessing a concealed weapon is illegal if an individual does not have a New York Pistol License. The minimum age for the license is 21 unless an individual is an honorably discharged member of the military, in which case, they can be an age.
Does Possession of Firearms Require a License in New York?
Yes, possession of a firearm requires a license in the State of New York. A license will be valid until it is canceled, except in the counties of New York, Nassau, Suffolk, and Westchester.
What Guns Are Banned in New York State?
Yes, there are certain assault weapons and magazines that are restricted from being owned and sold.
What Is the Geographical Restriction on Owning Guns?
Even if an individual can lawfully own a gun somewhere else, there are certain places where it is illegal to own a gun. In addition, there are state and federal laws that allow the states to be stricter.
Gun ownership is prohibited in federal facilities under federal laws at certain locations, including:
- Postal service;
- Airports and inside of aircraft, except when:
- The weapon is unloaded;
- Is in a checked bag;
- The airline was made aware of the weapon;
- K–12 school zones, except for an individual who has a state-issued concealed carry permit; and
- In most locations, it is illegal to carry a firearm into courthouses and other public buildings.
Other places where states frequently forbid carrying firearms include:
- Establishments that serve alcohol;
- Churches;
- Voting locations;
- Daycare centers.
If an individual is unclear about the laws in New York, they should consult with a local gun attorney.
What Is the Penalty for a Conviction of Illegal Firearm Possession?
The right to bear arms is guaranteed by the Second Amendment, even though it is not unqualified. A violation of the prohibitions discussed above on carrying a handgun may result in legal repercussions.
In addition, carrying a gun while committing another crime will typically result in higher penalties. It is almost always against the law for an individual convicted of a felony to possess a handgun.
Doing so may result in severe penalties. The majority of states, however, allow felons to regain their fun ownership privileges so long as they are not considered a threat to public safety, and doing so does not go against the general good.
Do I Require Legal Assistance for Charges of Gun Possession?
If you have any questions about gun restrictions in New York or if you are facing illegal gun possession charges, it is essential to consult with a New York criminal attorney. Your attorney can also help you get your gun ownership privileges reinstated.
Illegal gun ownership charges are very serious. Your attorney can advise you of the possible punishments and defense you may be able to present and protect your rights throughout the legal process.
