1. Presumptive possession: This happens when a person is in an apartment or a car, and the police find an unlicensed firearm on the property. In specific situations, all individuals who were in the location can be charged with the illegal handling of the weapon.
2. Constructive possession: This is a situation when the police find a person to be in control of a firearm or weapon that is not registered. In the case, the gun can be in one’s car, apartment, office desk, or any property that he or she owns.
Most people are not informed that the licenses that they are offered to have guns in their houses do not permit them to carry them within New York City. One can end up on the wrong side of the law by having a weapon on the highways or airports within the state.
Penalties for owning a firearm or weapon illegally.
Criminal charges that are associated with illegal possession of a firearm and any other weapons can be classified into four categories. Having a gun in the first degree is a serious charge, and it attracts a jail term of up to 25 years. In this case, an individual might possess ten or more firearms or has explosive with an intention to use them to harm people or destroy property. Illegally owning a gun in the second degree is rated as a Class C felony, and one can be sent to prison for a maximum of 15 years. This crime includes handling any deadly weapon or displaying during a crime. Criminal possession of a firearm in the third degree has been classified as a Class D offense and is punishable by an imprisonment term that does not exceed seven years. Ownership of an illegal weapon in the fourth degree is a Class A crime, and the individual can be jailed for a maximum of one year.
Defense for the illegal possession of a weapon or firearm.
An individual who illegally owns a weapon can defend him or herself in different ways if charged in court. Most people are caught with firearms when pulled over for a search or when they find themselves in an area where a search warrant has been issued. Unlawful search and seizure can be one of the best defenses in cases of illegal possession. A police officer is not allowed to search an individual’s property without a search warrant. They are also not permitted to pull over motorists on highways without having a proper reason. The police often violate the rights of people by doing illegal searches, seizures, and arrests. The Fourth Amendment protects all U.S citizens from such infringements.
It is essential for people to seek for legal services from attorneys who understand their constitutional rights. Advocates need to be well-informed on search and seizure laws for them to build a strong defense. They should also be knowledgeable enough to get rid of any illegal evidence that can be used against their clients. This can be through raising motions to suppress weapons from evidence or even convincing the jury or judge that they do not belong to the accused.