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Criminal Sale of a Weapon

In New York, there are federal and state laws intended to prevent the unauthorized sale and possession of deadly firearms. If you are arrested for the criminal sale of a firearm in New York, the potential consequences include lengthy prison time, steep fines, and a felony conviction that can change your life long after the sentence is served.

Criminal Sale of a Firearm in the Third Degree

You can be charged with Criminal Sale of a Firearm in the Third Degree when you are not legally authorized to possess the weapon and either:

  •     Possess it with the intent to sell it
  •     Give, sell, exchange or dispose of the firearm in a transaction with another person.

Even if you have no prior felony convictions, a conviction for this Class D violent felony can send you to prison for two to seven years.

Criminal Sale of a Firearm in the Second Degree

The definition for violating Criminal Sale of a Firearm in the Second Degree is similar to those for the Third Degree offense, except that a minimum of five firearms must be involved within a one-year period. Even being caught with more than five guns in your possession is taken as presumptive evidence that you intended to sell them. A conviction for this Class C violent felony can send you to prison for three and a half to 15 years.

Criminal Sale of a Firearm in the First Degree

If you give away, sell, exchange, or dispose of 10 or more firearms in a transaction with another person within a 12-month period, then you could be found guilty of Criminal Sale of a Firearm in the First Degree, a Class B violent felony that could potentially entail a 25-year prison sentence.

Criminal Sale of a Firearm with the Aid of a Minor

If you are over 18 and knowingly engage the help of a person under 16 to illegally sell, give away, exchange or dispose of a firearm, you are guilty of Criminal Sale of a Firearm with the Aid of a Minor. If you are convicted, then you could spend anywhere from three and a half to 15 years in prison.

Criminal Sale of a Firearm to a Minor

If you lack the authority or a license to possess a firearm and illegally sell, give away, exchange, or dispose of one in a transaction with a person under 19 (and who is not licensed to possess firearms) then you can be facing three-and-a-half to 15 years incarceration.

Weapons offenses are taken seriously in New York State. If you are arrested and charged with any degree of criminal sale of a firearm, then contact an experienced criminal defense attorney. Contact The Law Offices of Julie Rendelman, LLC if you have been charged with a firearms crime or are concerned that you may be charged or arrested. The consequences of a criminal record can follow you for a long time after your sentence is served, so expert legal representation maximizes your chances of a successful resolution in your case. Julie Rendelman is a criminal defense attorney with over 20 years of experience, including many years of experience as a prosecutor. Call 212-951-1232 to reach Ms. Rendelman’s office.

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The Law Offices Of Julie Rendelman , LLC

212.951.1232

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New York, NY 10017

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship and receipt or viewing does not constitute such relationship.


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