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Articles Posted in Weapon Possession

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Heller and NY: A Valid Defense for Criminal Possession of a Weapon (Firearm, Gun or Pistol)?

Despite a criminal defense attorney’s best efforts, a Brooklyn State Supreme Court Justice ruled in a decision published yesterday that the United States Supreme Court’s decision in the District of Columbia v. Heller does not prevent New York State from regulating guns, pistols and firearms within its boundaries. Defendant, Albi…

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A Legal Leg to Stand On? Plaxico Burress Shoots Self in Thigh – Manhattan DA to Charge with Criminal Possession of a Weapon

According to the media, New York Giants All Pro wide receiver Plaxico Burress is turning himself in to the New York City Police Department for shooting himself in the leg this past weekend in Manhattan. As of now, it appears that he will be charged with Criminal Possession of a…

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NY Criminal Defense – Criminal Possession of a Weapon: Elevating NY Penal Law 265.01 to 265.02

Criminal Possession of a Weapon in the Third Degree, a “D” Felony punishable by up to seven years, can be established by merely proving a defendant possessed an assault weapon, a disguised gun, or twenty or more firearms. However, experienced New York criminal defense attorneys know that prosecutors have another…

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NY Criminal Defense – Possession of Revolver or Pistol Ammunition in NY: A Crime Even Without a Gun

You are carrying .22 caliber bullets in Manhattan or .38 caliber rounds in Brooklyn, but you don’t have a permit to possess a handgun or pistol that utilizes the ammunition or to possess any firearm at all. Well, you may not have violated New York State Penal Law for Criminal…

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