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Articles Posted in Weapon Possession

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JFK Airport Firearm Arrest Ends in Non Criminal Violation: Accused Avoids 3.5 to 15 Years on NY PL 265.03 Conviction

Who ever thought legally owning a firearm, licensed handgun, revolver or other pistol would land you in jail? Your airline carrier didn’t tell you when you called or searched online. JetBlue, Delta or American airlines didn’t stop you when you checked it before you flew into New York City. There…

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Federal Firearm and Weapon Crimes: The Dangers of Illegal Gun Possession Beyond New York State Firearm Offenses

For years, the New York City Police Department has run the “Cash for Guns Program” in which it will pay $100 to any individual who turns in any handgun, revolver, semiautomatic and automatic pistols, sawed-off shotguns, or assault rifle. The police will not ask any questions about the weapon or…

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New York PL 265.01 & Switchblades: Conclusory Language by a Police Officer May not Sustain a Criminal Court Complaint

Per se crimes are dangerous offenses in New York. These crimes, and the arrests that result, are based not on malicious or intentional violations of the law, but often on otherwise harmless and ignorant actions. One of the most common strict liability and per se crime in the New York…

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The Curious Case of Raymond Felton & the Anti-Plaxico Burress Defense: Not All NY PL 265.03 Crimes are Created Equal

POST ARRAIGNMENT UPDATE: It appears that despite the arrest charge of PL 265.03, the Manhattan District Attorney’s Office recognized, at least for now, that they cannot prove this “C” felony beyond a reasonable doubt. Whether it was due to the credibility of Felton’s wife or not, I am not privy…

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PL 265.03: New York Firearm & Gun Lawyers Get Two Non-Criminal Deals in Queens Airport Weapon Arrests

At no point did you believe that your flight home from New York City’s JFK or LaGuardia Airport would leave you stranded in New York. No, not stranded on the tarmac or in the airport, but in a jail charged with Second Degree Criminal Possession of a Weapon (New York…

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If the Police Solely Observe a Knife Clip is it a Sufficient Basis for them to Arrest You for NY PL 265.01 in New York?

If you could not merely search the NewYorkCriminalLawyerBlog.Com, but review transcripts from suppression hearings and examine New York criminal court complaints, it is likely that you would find a very common theme amongst individuals arrested for possessing illegal knives in New York pursuant to New York Penal Law 265.01(1) (often…

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If the Police Fail to Establish their Training and Experience in Your Gravity Knife Arrest is it Grounds for Dismissal: Facial Sufficiency & PL 265.01

If you are reading this blog entry regarding a gravity knife arrest in New York City or any other jurisdiction or municipality, there is a good chance you were stopped innocently walking down the street or driving your car and the police saw the knife’s clip outside your pocket. After…

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Felony Gun & Pistol Possession in NY: PL 265.01-b(1) & PL 265.01-b(2)

Not mean to be a political statement in any way, the following is arguably a simple “fact.” Prosecutors in New York City and the surrounding suburbs have little sympathy and compassion for individuals arrested for firearm and weapon crimes. This assertion can be attributed to those crimes where a gun,…

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The Zealous Prosecution of New York Gun and Firearm Cases: When an Injury may not be Caused by Criminal Conduct

Everyone is scared of guns. After all, some horrific incidents have corroborated why many lawmakers in New York believe the strict firearm laws of the New York Penal Law are necessary. While there is little doubt that firearms in the wrong hands are overwhelmingly dangerous and laws must be enacted…

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