__________________________________________Ask the DA

 

My office has received several inquiries regarding a change in the law which toughened the penalties for unlawful possession of a firearm. This column will briefly address the change.

Under the new law, persons who knowingly and unlawfully possess a firearm outside of their home or place of business are guilty of the class C violent felony of Criminal Possession of a Weapon in the Second Degree. The minimum sentence for this offense is three and a 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.

Some readers have asked about the legality of using a firearm inside their homes in self defense.

It is important to note that the question of whether a person has acted in self defense is often a matter to be determined by a finder of fact — namely, a judge or a jury. If the fact-finder concludes someone has acted in self-defense, that person would still be answerable to the charge of Criminal Possession of a Weapon in the Fourth Degree for illegal possession of a firearm in his or her home.

For additional information visit www.brooklynda.org. To have your questions answered in a future column, send them to asktheda@brooklynda.org.

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