|
If someone enters your home and you shoot him in self defense with an unregistered gun, what happens? I have noticed ads in the subway that say you can go to prison for three years for merely possessing an unregistered gun. Is this true?
The ads that you have seen on the subway refer to a recent change in the law which raises the penalty for anyone convicted of possessing a firearm outside of his or her “home or place of business”. Specifically, under the revised law, persons who knowingly and unlawfully possess a firearm outside of their home or place of business are now guilty of the class C violent felony of Criminal Possession of a Weapon in the Second Degree. The minimum sentence for that offence is three and one-half years incarceration.
However, this change in the law does not affect those who possess an unregistered firearm inside their home. Persons who possess an unregistered firearm inside their home with no intent to use it unlawfully against another person would be guilty of the class A misdemeanor of Criminal Possession of a Weapon in the Fourth Degree. This offense is punishable by a maximum of one year in jail. It is important to note that the question of whether one has acted in self defense, particularly in the scenario which you describe, is often a matter to be determined by a finder of fact - namely, a judge or a jury. If the fact-finder concluded that you indeed acted in self-defense, you would still be answerable to the charge of Criminal Possession of a Weapon in the Fourth Degree for illegal possession of a firearm in your home.
For more information please visit the office’s Web site at www.brooklynda.org. To have your questions answered in a future column, send them to asktheda@brooklynda.org. |
||
| | HOME | ||
__________________________________________Ask
the DA