It is illegal to sell a firearm that is illegally possessed in the state of New York. If a person does not have legal authorization to possess a firearm, and sells or plans to sell one, that individual can be charged with criminal sale of a firearm. David Galison would be happy to work with you on your defense if you have been charged with this crime. Mr. Galison is experienced in New York criminal courts and will bring is experience to your aid.
There are three degrees of charges that can be brought in the case of a criminal sale of a firearm. The basic definition of the law, which applies to the third degree charge, is as follows -
“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”
The third degree charge is a class D felony, bringing with it the possibility of up to 7 years in prison. In order to escalate these charges to a higher degree, the accused must be dealing in larger quantities of weapons. The outline is as follows -
- Second Degree. A total of more than five firearms. Class C felony, up to 15 years in prison.
- First Degree. A total of more than ten firearms. Class B felony, up to 25 years in prison.
Regardless of class, criminal sale of a firearm is a serious charge. Contact our office today for a free consultation and to discuss your next step. We can be reached anytime during normal business hours at 516-242-4477.