In October 2019 we published an article about inventory searches and how the Court are reviewing such searches more carefully. However, earlier this month, a state appellate court issued a written opinion in a New York credit card fraud case involving a search of the defendant’s belongings that occurred after…
In October 2019 we published a Blog which posed the question, “Is the NFA dead? In the article we discussed several types of short barreled weapons which had been reviewed by the ATF and other law enforcement agencies and had been found to not be covered by the National Firearms…
In what is likely to be a blockbuster case the U.S. Supreme Court recently, heard arguments in a case involving New York gun laws. While the parties in this case were not criminally charged for possession of a gun, they prospectively challenged the New York City law banning the transportation…
Earlier this month, a state appellate court issued a written opinion in a New York firearms case discussing whether the police officer’s search of the defendant’s car was constitutionally sound. Ultimately, the court concluded that because the officers lacked probable cause to search the vehicle, anything they recovered as a…
Recently, a state appellate court issued an opinion in a New York gun crime case discussing the defendant’s motion to suppress a firearm that was recovered near where he was arrested. The case allowed the court to discuss whether the police officers’ conduct in stopping the defendant was permissible under…
Earlier this month, a state appellate court issued an opinion in a New York gun case holding that police were not justified in searching the defendant’s backpack without a warrant. The case presents an informative and important discussion of the exigent-circumstances doctrine, which allows police to bypass the warrant requirement…
As New York gun rights attorneys we are starting to see cases involving New York Extreme Risk Protections Orders (ERPOS) sometimes referred to as Red Flag Laws. New York’s Civil Practice Law and Rules was amended to add a new Article 63-A which gives a Supreme Court Justice, sitting in…
Earlier this month, a state appellate court issued a written opinion in a New York gun case discussing the concept of forced abandonment. Generally, when a defendant discards an item – such as narcotics or a gun – they lose any ability to argue for the item’s suppression. However, when…
The National Firearm Act of 1934 (commonly known as the “NFA”) was the first federal gun control act and for the first time created a national registry of purchasers of “Machine guns”, “sawed-off shotguns” and “silencers”. In addition, a $200 tax is imposed on each transfer of any NFA item…
As gun rights lawyers we try to keep the public updated on significant changes to New York gun laws. Several new laws are going into effect in New York and gun owners need to be aware. First, a new gun storage law was passed which makes it a misdemeanor for…