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.