New York has many laws that influence who and how someone may possess a firearm. If you plan on owning a gun, you should familiarize yourself with the State’s regulations and restrictions to avoid the charges associated with unlawful use or possession of a weapon. Whether or not the firearm is loaded can impact the criminal charges you can face as a gun owner. If you have questions regarding gun possession or you face charges for violating New York State’s gun laws, it is important to speak with a criminal defense attorney who has a thorough understanding of New York’s weapons laws and how to defend against these serious charges.
New York Gun Law Definitions
According to the New York State Penal Law, Section 265, a “loaded firearm means any firearm loaded with ammunition or any firearm which is possessed by one who, at the same time, possesses a quantity of ammunition which may be used to discharge such firearm.” For example, if an individual has an unloaded firearm in one of their pants pockets and also has possession of the ammunition in the other pocket, under New York Law, the firearm may be considered loaded.
Since the start of the COVID-19 pandemic, unique cases of assault have escalated, such as assault against someone who is enforcing mask and distancing policies. New York Governor Andrew Cuomo has admitted that even though a mask order has been in place since April, the police will not fine or arrest anyone for not complying. However, New York assault laws apply when someone assaults an employee for trying to enforce mask policies. If you are charged with assault, it is important to understand how the law will apply to you and what options you have when presenting a defense with the help of a skilled criminal law attorney.
Assaults Related to Mask Wearing
Since the police cannot enforce mask policies, retail workers have been the ones to require that customers wear a mask or be denied service. Some of the cases where customers fight back have been striking. A target employee wound up with a broken left arm after denying two customers who refused to wear masks. A man in San Antonio who was barred from boarding a public bus for not wearing a mask shot another passenger. Cases have ranged from verbal outbreaks to physical altercations to gunfire, all of which can have different ramifications under New York assault laws.