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What weapons can I legally possess in New York?

| Jan 9, 2020 | Weapons Crimes |

From birthdays to holidays, these are just some of the many different occasions on which individuals receive gifts during the year. If you received a personal safety present from someone recently, then you might want to make sure that it’s not on the list of weapons that are illegal here in New York.

There are many weapons that are illegal for individuals to possess in New York including Kung Fu stars, Nunchucks and cane swords. Individuals who meet certain requirements may lawfully possess pepper spray, swords, crossbows, switchblade knives, brass knuckles, pistols and slingshots though. State law prohibits anyone from possessing a potentially deadly or dangerous instrument if they intend to use it for some unlawful purpose on another individual.

Tasers and electronic stun guns are illegal in New York. Individuals may be charged with criminal possession of a weapon for possessing one of these.

While it’s lawful for New Yorkers to possess pepper spray, felons and minors can’t purchase or possess it. State law only allows individuals to spray it to protect themselves against attackers. New Yorkers are required to label their pepper spray warning others that it’s being used for self-defense.

It’s not ideal for individuals to receive guns as presents as that would cause it to be registered in the purchaser’s name. This is why individuals should be gifted a gift certificate as opposed to an actual gun.

Anyone who receives a used pistol as a gift is required to notify a federally registered handgun dealer of the transfer. That entity is required to check the serial number on the gun to make sure that it hasn’t been stolen and to perform a background check on the recipient before it can be licensed to them.

An individual could be arrested if they were stopped by police while possessing a gun registered in someone else’s name.

If there’s one thing that you should know about weapons laws, it’s that they’re constantly changing. You shouldn’t assume that a weapon that you’re allowed to possess one day can be lawfully possessed the next. An attorney can let you know about potential defense strategies that you can pursue in your case if you’ve been charged with a criminal offense here in Kew Gardens.


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