In a recent opinion decided in a New York appellate court, the defendant unsuccessfully appealed his New York firearm case. The defendant was originally found guilty of criminal possession of a weapon in the second degree and unlawful possession of pistol ammunition. When evaluating the defendant’s appeal, the court used…
Articles Posted in GUN CRIMES
New York’s New Gun Laws Part IV – “Closing Loopholes” Others and Magazines
ANY OTHER WEAPONS We have written in the past extensively about the Mossberg Shockwave, Remington Tac-14 and AR-15 others. The basic principle involves a weapon that is not designed to be fired from the shoulder so that it cannot be legally considered to be a rifle or shotgun and is…
New York’s New Gun Laws Part III – Expanded Red Flag Laws and Requirement of Microstamping
EXPANSION OF RED FLAG LAWS On June 6, 2022 Governor Kathy Hochul signed an expansion of New York’s already problematic red flag laws giving the right to file Extreme Risk Protection Petitions to a wide range of health care workers. The list of healthcare workers includes doctors, nurses, social workers,…
New York’s New Gun Laws Part II – Licenses for semi automatic rifles and ban on sale and purchase body vests
New York’s New Type of License – Semi Automatic Rifles Among the new package of laws that were signed into law by Governor Kathy Hochul was the requirement to obtain a license before purchasing or acquiring a new semiautomatic rifle (other than an “assault rifle“). The intention seems to have…
New York Governor Hochul Signs 10 New Gun Control Measures – Here Is What You Need To Know
On June 6, 2022, New York Governor Kathy Hochul signed 10 new gun control measures into law. These laws were hurriedly written and passed and appear to be a knee jerk reaction to the tragedies in Uvalde and Buffalo but will have a heavy impact on the New York Second…
New York Court Denies Defendant’s Argument in Weapons Case that Informant was Unreliable and Untrustworthy
In a recent New York gun crime case decided in a Appellate Court, the defendant unsuccessfully appealed his firearm conviction by arguing that his original arrest was based on unreliable information. His sentence was however reversed on other grounds. According to the defendant, there was insufficient evidence that the informant who…
New York Court Grants Defendant’s Motion to Suppress in Firearm Case
In a recent New York gun crime case decided by a New York City trial court, one of two defendants filed a motion to suppress incriminating evidence. The court, looking at the circumstances surrounding the case, granted the defendant’s motion after considering the fact that the police officer that found…
New York Court Denies Defendant’s Appeal in Gun Case, Citing Sufficiency of Video Evidence
In a recent New York gun crime case a the defendant unsuccessfully argued, on appeal, that his conviction should be reversed based on questionable scientific methodologies used by the prosecutor. Originally, the defendant was charged with criminal possession of a gun after a violent altercation in a store. After a…
New York Court Denies Defendant’s Appeal in Firearms Case
In a recent decision coming out of a New York court, the defendant’s appeal of his New York firearm conviction was denied. Originally, the defendant was charged after police officers found a firearm inside of his backpack while the defendant and some of his acquaintances were gathered in another person’s…
New York Court Denies Defendant’s Appeal in Drug and Firearm Case, Despite Argument Citing Newly Enacted Marijuana Law
In a recent case coming out of a New York court, the defendant appealed his guilty conviction for criminal possession of a weapon in the second degree. Officers searched for this weapon only because they had previously smelled marijuana in the defendant’s car, making them suspicious of additional drug or…