In a recent case decided in a New York appellate court, the defendant unsuccessfully appealed his conviction for criminal possession of a weapon in the second degree. On appeal, one of the defendant’s main arguments was that the trial court had improperly denied his motion to suppress; according to him,…
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…
We wrote a very popular blog about whether you can take your lawfully possessed pistol on vacation with you in Puerto Rico, subsequent to the easing of gun laws in Puerto Rico. Now we explore the gun laws in the US Virgin Islands and in particular whether you can take…
As New York gun rights attorneys we are carefully monitoring an increasing regulatory environment of everything related to firearms and an increasing number of gun owners who are receiving letters from law enforcement. Recently we were consulted by a person who received a letter from the Federal Bureau of…
In a recent opinion from a New York court involving a New York gun case, the defendant’s motion to suppress was denied. The defendant was convicted of gun possession in the third degree and filed a motion to suppress the gun found in his coat pocket during the initial 40…
In many New York criminal cases, law enforcement officers need to search for evidence. The United States Constitution protects individuals from “unreasonable searches and seizures.” As such, in most cases, law enforcement must obtain a search warrant based on probable cause before beginning their search. Despite these protections, the law…
After our recent win in an ill-conceived Mossberg Shockwave prosecution earlier this year we would have thought that the issue of the legality of “Other” weapons in New York would be resolved. However, rumors started spreading late last week that a New York Licensed gun store owner and licensed dealer…
An appellate court recently issued a decision reversing a New York criminal defendant’s conviction for Criminal Possession of a Weapon. The defendant unsuccessfully moved to suppress evidence, the sawed-off shotgun, found to charge him with the crime, and the jury found him guilty. Amongst other issues, the defendant challenged the…
Recently, a state appellate court issued an opinion in a New York gun possession case, discussing the defendant’s claim that the lower court erred in failing to provide the jury with a requested instruction. Ultimately, the appellate court agreed with the defendant, awarding him a new trial. The Facts of…
As we wrote in our blog on September 11, 2017, we were of the legal opinion that the Mossberg Shockwave was legal to own and possess in New York. Our opinion in 2017 was based upon the statutory definitions of a firearm, a pistol and a shotgun in New York…