New York Weapons Trafficking/Distribution

Weapons charges are becoming more serious in terms of the remedies attached, and that's a trend that's likely to continue. One of the most serious charges a person can face in this regard relate to the trafficking/distribution of weapons in New York. The legislature has passed several laws in this regard, and below you'll find a brief overview of the statutes that could apply to your case if you face this situation.

§ 265.13 Criminal sale of a firearm in the first degree.

A person is guilty of criminal sale of a firearm in the first degree when such person:

1. unlawfully sells, exchanges, gives or disposes of to another ten or more firearms; or
2. unlawfully sells, exchanges, gives or disposes of to another person or persons a total of ten or more firearms in a period of not more than one year.

Criminal sale of a firearm in the first degree is a class B felony.

§ 265.12 Criminal sale of a firearm in the second degree.

A person is guilty of criminal sale of a firearm in the second degree when such person:

1. unlawfully sells, exchanges, gives or disposes of to another five or more firearms; or
2. unlawfully sells, exchanges, gives or disposes of to another person or persons a total of five or more firearms in a period of not more than one year.

Criminal sale of a firearm in the second degree is a class C felony.

§ 265.11 Criminal sale of a firearm in the third degree.

A person is guilty of criminal sale of a firearm in the third degree when such person is not authorized pursuant to law to possess a firearm and such person unlawfully either:

1. sells, exchanges, gives or disposes of a firearm or large capacity ammunition feeding device to another person; or
2. possesses a firearm with the intent to sell it.

Criminal sale of a firearm in the third degree is a class D felony.

As you see, the determining factor behind the severity of the charge centers on the number of weapons at issue, and the following are the maximum prison terms a person could face if convicted of any of these charges:

1. Class D Felony – 7 years
2. Class C Felony – 15 years
3. Class B Felony – 25 years

As you see, there are serious consequences if you are convicted of this charge. If you are facing this situation, contact the Blanch Law Firm as soon as possible to schedule an initial consultation.

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