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24 Jul 16

Carrying a Concealed Weapon

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New York issues a license to those who apply for privileges to carry a concealed handgun. The agency exercises discretion towards who is permitted to carry a concealed handgun. The state is categorized as a “may issue” state where local agencies manage the application process for requesting parties.

What is the difference between concealed and carry?

The state treat the privilege of carrying a handgun differently from the act of carrying a weapon where crime is concerned. You cannot be convicted of simply concealing a weapon. To conceal a weapon means to hide a weapon, so that it is not visible from any angle by a person. The extent to which the weapon is concealed is a factor in charging a person with the offense. Carrying a weapon means that you have one in your possession. You don’t necessarily have to be in motion at all. Carrying a weapon can encompass having a weapon that is accessible to you in close proximity.

Who may carry a weapon in New York?

The minimum age for carrying a gun in New York is 21. The person must be of good moral character, not have any serious convictions, not have a protective order against them, or not have any reason such as mental illness or other condition that would disqualify them from ownership. People who have been honorably discharged from the military and those who have received specialized training may be granted a license if at least 18 years old or older.

Caveats to the rule

New York does not recognize privileges granted from other states. You may have a current, up-to-date license to carry a gun in Wyoming, but the State does not recognize or honor those privileges. You can still be arrested if carrying a gun in your car while visiting a family member or friend in New York.

Unable to carry a weapon

• People under 21
• Those who lack good moral character
• Previously rejected applicants
• Those with mental illnesses
• Felons

Carrying a concealed weapon in your car

It is legal to carry a concealed weapon in New York if you have a license. The firearm can be loaded with ammunition. The weapon can be stored in the car. The law does not permit concealed weapons like rifles and shotguns to be stored in the vehicle.

Possible penalties for violating the law

You can be considered guilty of a misdemeanor if you carry a concealed weapon without proper licensing. The penalties for this offense is $1,000 and could be as many as 12 months in jail. You can receive up to three years of probation for this offense. Both fines and jail time may be required if convicted of this class A misdemeanor.

What can I do?

If you have been convicted of a gun carry law in New York, you may be subject to jail time and fines. This could blemish your record and future earning opportunities. You should definitely pursue legal counsel to protect your record. A qualified criminal defense lawyer specializing in gun carry laws can build a case in your defense to help you avoid jail time and stiff penalties. The first call you make if arrested should be an attorney.

This was written by CriminalLawyer-Chicago.com, a premier team of Chicago Criminal Attorneys

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