What is Criminal Possession of Firearm Parts in New York City?
In addition to the possession, use and sale of a firearm, New York also has a series of firearm charges that relate to firearms parts. The most prominent of New York’s firearms charges for parts related to Bump Stocks. New York’s Bump Stock ban went into effect near the end of 2019.
New York firearm laws also extend to the possession, manufacture, disposal or transport of large-capacity ammunition feeding devices and firearm silencers.
New York’s 2019 Bump Stock ban added several definitions to the Penal Law including rapid-fire modification device, bump stock, trigger crank, binary trigger system and burst trigger system. The following terms are defined as:
- “Rapid-fire modification device” means any bump stock, trigger crank, binary trigger system, burst trigger system, or any other device that is designed to accelerate the rate of fire of a semi-automatic firearm, rifle or shotgun.
- “Bump stock” means any device or instrument that increases the rate of fire achievable with a semi-automatic firearm, rifle or shotgun by using energy from the recoil of the weapon to generate a reciprocating action that facilitates repeated activation of the trigger.
- “Trigger crank” means any device or instrument that repeatedly activates the trigger of a semi-automatic firearm, rifle or shotgun through the use of a lever or other part that is turned in a circular motion and thereby accelerates the rate of fire of such firearm, rifle or shotgun, provided, however, that “trigger crank” shall not include any weapon initially designed and manufactured to fire through the use of a crank or lever.
- “Binary trigger system” means any device that, when installed in or attached to a semi-automatic firearm rifle, or shotgun causes that weapon to fire once when the trigger is pulled and again when the trigger is released.
- “Burst trigger system” means any device that, when installed in or attached to a semi-automatic firearm, rifle, or shotgun, allows that weapon to discharge two or more shots with a single pull of the trigger by altering the trigger reset.
In addition to the 2019 ban on bump stocks, New York a series of strict firearms laws the redefined a large capacity ammunition feeding device. In 2013, New York’s Secure Ammunition and Firearms Enforcement Act or SAFE Act lowered the maximum magazine capacity.
Before the SAFE Act, the legal capacity of an ammunition feeding device was 10 rounds. The SAFE Act reduced the maximum number of rounds in an ammunition feeding device to 7. However, about 1 year after the SAFE Act was passed, a federal judge invalidated to lower limit, so legal capacity an ammunition feeding device in New York remains 10 rounds.
Crimes Related to Criminal Possession of Firearm Parts in New York
Criminal Possession of a Bump Stock or Rapid-Fire Modification
Criminal Possession of a Rapid-Fire Modification, Penal Law Section 265.01-c is New York’s ban on bump stocks. The law was passed in 2019. A bump stock is a device that accelerates the rate of fire of a semi-automatic firearm. New York’s bump stock ban was passed as a result of the mass shooting in Las Vegas in 2017. The crime is a class A misdemeanor.
A person is charged with Criminal Possession of a Rapid-Fire Modification when “he or she knowingly possesses any rapid-fire modification device.”
Criminal Possession of a Rapid-Fire Modification Sentencing
Criminal Possession of a Rapid-Fire Modification is a class A misdemeanor. The maximum penalty is 1 year in jail. However, as with other weapons or firearms charges categorized as a misdemeanor in New York, an experienced and knowledgeable criminal defense can obtain a non-criminal outcome or a dismissal of a Criminal Possession of a Rapid-Fire Modification case.
Where bump stocks are concerned, the range of outcomes depends on other allegations of the specific case. The two most important factors in determining the possible outcome of a Criminal Possession of a Rapid-Fire Modification case are if there are additional firearms charges and the history of the person who is charged.
Manufacture, Transport, Disposition and/or Defacement of Firearms and Firearm Parts in NYC
In addition to New York’s strict firearms laws, the state has a series of laws regarding, manufacturing, transporting and disposing of firearms and firearms parts like a bump stock, large capacity ammunition feeding device or firearm silencer. Under Penal Law Section 265.10 it is illegal to:
- Manufacture or cause to be manufactured a bump stock or rapid-fire modification device;
- Transport or ship a bump stock or rapid-fire modification device; or
- Dispose of a bump stock or rapid-fire modification device
Under the law dispose of means “to dispose of, give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer and otherwise dispose of.”
Manufacturing, transporting or possessing a bump stock or rapid-fire modification device is categorized as a class E felony.
Under New York Penal Law Section 265.10 it is also illegal to:
- Manufacture or cause to be manufactured any machine-gun, assault weapon, large capacity ammunition feeding device;
- Transport or ship any machine-gun, assault weapon, large capacity ammunition feeding device; or
- Dispose of any machine-gun, assault weapon, large capacity ammunition feeding device
In New York, the following definitions apply to the ban on manufacturing, transporting and disposing of firearms and firearm parts:
- Machine gun “means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger and includes a sub-machine gun.
- Assault weapon means a semiautomatic rifle or shotgun that can accept a detachable magazine and has at least 1 of the many characteristics under Penal Law Section 265.00(22), such as a folding telescoping stock or second handgrip that can be held by the non-trigger hand.
- Large capacity ammunition feeding device means “a magazine, belt, drum, feed strip, or similar device, that (a) has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition, or (b) contains more than 7 rounds of ammunition, or (c) is obtained after [April 14, 2014] and has a capacity of, or that can be readily restored or converted to accept, more than 7 rounds of ammunition.”
Manufacturing, transporting or disposing of any machine-gun, assault weapon, large capacity ammunition feeding device is categorized as a class D felony.
Manufacture, Transport, Disposition of Firearms Sentencing
The manufacture, transport or disposal of a bump stock or rapid-fire modification device is a class E felony. The firearms charge is punished by a minimum of 1 to 3 years in prison and a maximum of 1 1/3 to 4 years if a person does not have a prior felony conviction. But prison is not mandatory, especially if a person has never been arrested before, there are not related firearms or other charges or if the number of counts is relatively low. There are several other sentencing options including 1 year in jail (if a Judge concludes that a longer sentence would be unduly harsh based on the history and character of the person charged and the nature and circumstances of the allegations), up to 5 years probation, a split sentence of up to 6 months in jail and 5 years probation and a 3-year conditional discharge.
The manufacture, transport or disposal of any machine-gun, assault weapon, large capacity ammunition feeding device class D felony. The firearms charge is punished by a minimum of 1 to 3 years in prison and a maximum of 2 1/3 to 7 years if a person does not have a prior felony conviction. The same alternative sentencing options as the class E felony above apply.
Unlawful Possession of a Large Capacity Ammunition Feeding Device
Unlawful Possession of a Large Capacity Ammunition Feeding Device, Penal Law Section 265.36, is the rare firearms charge that is classified as a misdemeanor. The crime is specific to large capacity ammunition feeding devices. The firearms charge is similar to Unlawful Possession of a Certain Ammunition Feeding Devices, which is also a misdemeanor, but a lower class.
In New York, Unlawful Possession of a Large Capacity Ammunition Feeding Device states: it shall be unlawful for a person to knowingly possess a large capacity ammunition feeding device manufactured before September 13, 1994, and if such person lawfully possessed such large capacity feeding device before March 16, 2013, that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition.
An individual who has a reasonable belief that such device is of such a character that it may lawfully be possessed and who surrenders or lawfully disposes of such device within 30 days of being notified by law enforcement or county licensing officials that such possession is unlawful shall not be guilty of this offense.
It shall be a rebuttable presumption that such person knows that such large capacity ammunition feeding device may not be lawfully possessed if he or she has been contacted by law enforcement or county licensing officials and informed that such device may not be lawfully possessed.
The law makes it illegal to knowingly possess a large capacity ammunition feeding device manufactured before September 13, 1994, and lawfully possessed s before January 15, 2013, that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition.
The law was part of New York’s Secure Ammunition and Firearms Enforcement Act or SAFE Act that was passed in 2013. Under the law, a large-capacity magazine was defined as more than 7 rounds. However, a federal court in western New York invalidated the definition. Thus, the maximum capacity of an ammunition feeding device in New York is 10 rounds.
Sentencing for Unlawful Possession of a Large Capacity Ammunition Feeding Device
In New York, Unlawful Possession of a Large Capacity Ammunition Feeding Device is a class A
misdemeanor with a maximum sentence of 1 year in jail. However, an experienced defense attorney may be able to obtain a non-criminal outcome or complete dismissal of the case.
Unlawful Possession of Certain Ammunition Feeding Devices
Unlawful Possession of Certain Ammunition Feeding Devices, Penal Law Section 265.37, is either a violation or a misdemeanor, which is rare for firearms charges in New York. The law is similar to Unlawful Possession of a Large Capacity Ammunition Feeding Device, except it may be punished as a violation or a misdemeanor, depending on the allegations,
In New York, Unlawful Possession of Certain Ammunition Feeding Devices states: it shall be unlawful for a person to knowingly possess an ammunition feeding device where such device contains more than 7 rounds of ammunition.
If the ammunition feeding device is possessed in a person’s home, then Unlawful Possession of Certain Ammunition Feeding Devices is punished as a violation. A subsequent offense is punished as a class B misdemeanor.
If the ammunition feeding device is possessed outside of a person’s home, then Unlawful Possession of Certain Ammunition Feeding Devices is punished as a class B misdemeanor. A subsequent offense is punished as a class A misdemeanor.
Unlawful Possession of Certain Ammunition Feeding Devices Sentencing
As noted above, the punishment for Unlawful Possession of Certain Ammunition Feeding Devices in New York depends on the allegations. Possession of the ammunition feeding devices inside of a person’s home is punished as a violation for a first offense with a maximum fine of $200. In New York, a violation is not considered a crime.
Possession outside of a person’s home is punished for a first offense by a class B misdemeanor, up to 90 days in jail, and a fine of $200. An aggressive and experienced defense attorney may be able to obtain the complete dismissal of the charges depending on the specific facts of each case.
