Articles Posted in Firearms and Weapons

sig-300x257In New York, a charge of Criminal Possession of a Weapon, pursuant to New York Penal Law § 265.03, can land you up to 15 years in prison – with a minimum sentence of 3.5 years.  This is an onerous punishment as it is, but becomes incredibly draconian when a defendant is not even alleged to have had the gun on his person, or even been in the same car, room or building at the time of the discovery of the weapons. But arrests under such circumstances routinely occur in New York under the doctrine of constructive possession – where a defendant is held responsible for possessing weapons (or other contraband) where they had ready access to and control of the weapon/contraband or to the storage place where it was found – even if they did not physically possess the weapon at the time of arrest.  People v. Manini, 79 N.Y.2d 561 (N.Y. 1992).   Continue reading