Some of the terms of the above laws have special legal meanings, including possession and knowingly, both in law and in intent and armor-piercing ammunition in § 265.01 (8). In New York State and New York City, there are many crimes related to the possession of certain weapons. Most of these offences are found in article 265 of the Penal Code and are codified either as criminal possession of a weapon or as criminal possession of a firearm, the latter relating specifically to unloaded weapons, while the former includes charged offences as well as other weapons-related offences. Apart from these crimes, there are laws with ammunition and bullets that are codified elsewhere. The two laws regularly dealt with by defense attorneys are New York Administrative Code 10-131(i), a crime established by the New York Council, and the New York Penal Code 265.37. Jury Instructions for Criminal Possession of an Explosive Bullet – Visit the New York State Unified Court System website to review the Standard Criminal Jury (CJI) Instructions for criminal offences, including criminal possession of a fourth-degree weapon for possession of explosive bullets pursuant to section 265.01(7) of the Criminal Code for offences committed on or after September 1, can be found. 1981. The jury instructions contain the elements of the crime and the definitions of words and expressions contained in the law. Licensed gun owners can legally possess ammunition, but anyone else in possession of ammunition or bullets in New York City is breaking the law. Except in certain circumstances, a weapon cannot be loaded with ammunition and ammunition must be transported in a separate container to comply with the law. New York Penal Law, Part 3, Title P, Sections 265.01 (7) and 265.01 (8) – Read the laws of the State of New York relating to the criminal possession of bullets and armor-piercing ammunition.

First of all, and to be clear, you do not need to be in possession of the live firearm, but only the bullets or the feeding device with these bullets. Whether you forgot you had them in your pocket or pocket when you checked in on your flight at JFK or LaGuardia Airport, if the Port Authority Police Department arrests you after the TSA found the contraband, expect to be arrested or called back to New York, in this Queens scenario, or in any community where your offense occurred to face the charges. Some laws that affect gun ownership are in themselves, such as those that affect certain knives. This means that as long as you possess and intend to knowingly possess the particular contraband, it is an “automatic” crime. The same goes for illegal ammunition, whether the port police summon you to the Queens airport or the NYPD stops you in front of the Barclays Center in Brooklyn. Therefore, it is important to present a convincing argument if you did not intend to bring it, or even if you knew that you were carrying the balls. Learn more about the law. Check out the documents that can be found on our website and blog. Let Manhattan defense attorneys and former Saland Law prosecutors use their experience, advocacy, and knowledge to navigate the waters of the criminal justice system in the best possible way so you can continue your life unfettered and without a criminal record.

At Greco Neyland, PC, we represent people who have been arrested on criminal weapons charges. With Greco Neyland, PC, you will have a former prosecutor who will fight on your behalf, so we know how the process works. We use our knowledge of criminal procedures to ensure that our clients fight for the best possible solution to the charges. New York Administrative Code 10-131 (i) (3) makes it an offense for a person who is not authorized to possess a pistol or revolver in the city to possess ammunition for that purpose. Similarly, paragraph 10-131(i)(4) of the CA makes it an offence for a person authorized to possess a pistol or revolver to possess other pistol or revolver bullets that are not intended for the firearm that he or she is authorized to keep. In New York, illegal possession of a fourth-degree weapon, which includes possession of an “explosive bullet” or possession of “armor-piercing ammunition,” is a Class A offense under criminal codes 265.01 (7) and 265.01 (8), respectively. The entire legal team at Greco Neyland, PC, works hard to ensure that our law firm provides the best possible criminal defense services and a strong relationship between lawyer and client. Our commitment to world-class legal services begins as soon as you contact our law firm with the guarantee of responding quickly and thoroughly to your phone call, email or contact request.

We managed to convince the Manhattan DA office to dismiss the case without ACD. The case was dismissed and immediately sealed. NY Penal Law 265.37: Illegal Possession of Certain Ammunition Magazines For a defendant to be charged with possession of a fourth-degree explosive bullet under P.L. 265.01 (7), a judge or jury must determine that a person is beyond a reasonable doubt: Submit this form for your case to be reviewed by our attorney New York prohibits the possession of armor-piercing ammunition with the intention of: to use it illegally against another.7 “piercing ammunition” means any munition that can be used in small arms and contains a projectile or projectile core consisting entirely of one or a combination tungsten, steel, iron, brass, bronze, beryllium, copper or uranium alloys.8 Communication through this website does not constitute legal privilege. After the transfer, the acquirer must notify the database that the transaction has been completed, after which a record of the transaction, which must not be kept for more than one year, will be made available to law enforcement agencies, but will not be part of the new Firearms Licence and Records Database or the new Firearms Registry.