New York Criminal Attorney Blog
New York City Administrative Code §10-131 prohibits the possession of common items which are lawful in most other parts of New York State and the Country. As a criminal defense attorney with experience in so many different weapons offenses I see many clients who innocently bring these items into New York City and find themselves facing extremely serious criminal charges.
A brief list of the items banned in New York City is as follows:
1. Air Pistols and Air Rifles. The Sale and possession are illegal in New York City pursuant to 10-131(b).
2. Sale of certain toy pistols pursuant to 10-131 (d) is illegal in New York City.
3. Sale or possession of mace, tear gas or pepper spray is illegal in New York City without a permit pursuant to 10-131(e). This is so even though in 1996 the New York State legislature repealed the law making self-defense sprays illegal state wide. These self-defense sprays are currently legal, without a permit outside New York City.
4. Sale or possession of certain toy or imitation pistols is illegal in New York City. 10-131 (g).
5. Carrying or possessing rifles and shotguns. These guns are available for sale outside of New York City without a license. Possessing them in New York City without a special license can be a misdemeanor or an offense. 10-131 (h).
6. It is illegal to sell or dispose of ammunition or ammunition feeding devices in the City of New York unless you are “authorized pursuant to law.” However a person who lawfully possesses such items may dispose of them to a dealer in firearms. 10-131 (i) 1.
7. It is unlawful for a gun dealer to sell ammunition to a licensed gun owner if he sells ammunition that cannot be fired from the firearms the gun owner is licensed to possess. 10-131 (i) 2.
8. It is illegal for a person not authorized to possess a pistol in New York City to possess any pistol ammunition. This is so even if you are authorized to possess a pistol some place outside of New York City and the ammunition is in your “shooting bag” in the trunk of your car. 10-131 (i) 3.
9. Even if you have a license to possess a pistol in New York City it is unlawful to possess ammunition of a different caliber. 10-131 (i) 4.
10. It is illegal to possess an ammunition feeding device (a magazine) unless you are authorized to possess a pistol that uses such device or except under other limited circumstances. 10-131 (i) 6.
11. It is unlawful for anyone to dispose of an ammunition feeding device except a gun dealer may sell one to a person authorized to possess the same caliber of pistol or a person authorized to possess it may sell it to a gun dealer. 10-131 (i) 7.
12. New York City has its own definition of assault weapons under Administrative Code Section 10-303.1. Possession of Assault Weapons in New York City are a crime and can subject a person to additional Civil Penalties of up to $10,000 per Assault Weapon.
The bottom line is be careful in New York City. Many people who lawfully possess these items in other States or Cities get caught in their cars or at the airports and find themselves facing serious charges. If you find yourself charged with any violation of these laws remember many of these offenses are crimes and can subject you to jail, fines, probation and leave you with a permanent criminal record.
If you have any questions or have been charged with any criminal offense contact us to discuss your specific circumstances.