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…
New York Criminal Attorney Blog
Can New York Police Officers Search a Car if They Smell Marijuana?
On July 31, 2019, a state appellate court issued a written opinion in a New York drug case discussing whether police officers can search a person’s car if they smell marijuana. Ultimately, the court concluded that the search was permissible because the smell of marijuana gives rise to probable cause…
SCOTUS Issues Case Discussing Police Officers’ Ability to Take the Blood of Unconscious New York Motorists
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. Courts have long held that to be considered “reasonable”, a search must be supported by the issuance of a valid search warrant. To obtain a warrant, police must fill out an affidavit explaining the basis…
New York Court Reverses Murder Conviction Based on Prosecution’s Failure to Hand Over Video Surveillance Footage
Earlier this month, a state appellate court issued a written opinion in a New York homicide case discussing the obligation that the prosecution has to disclose evidence to the defense. Ultimately, the court reversed the defendant’s murder conviction because it found that the prosecutions’ failure to provide video evidence undermined…
New York Prosecutors Cannot Make Jury-Selection Decisions Based on Race
New York criminal defendants enjoy many important constitutional rights, one of which is the right to a jury drawn from a cross-section of society. In the 1986 United States Supreme Court case, Batson v. Kentucky, the Court determined that the defendant was deprived of his constitutional rights when the prosecution…
New York Court Determines Sex Offender Did Not Need to Register Facebook Account
Sex offenses are serious crimes, and a conviction for a New York sex crime can carry with it many repercussions aside from potential jail time. One of the most onerous consequences for those who have been convicted of a sex offense is the requirement that they register as a sex…
Recent New York Appellate Decision Highlights the Importance of Obtaining a Favorable Jury Instruction
In a New York criminal trial, after both parties present their evidence, the judge will instruct the jury on the applicable law. The court’s jury instructions, or jury charge as it is also known, is an essential part of the trial because it frames how the jury will view the…
Governor Cuomo Signs Additional Gun Control Measures Into Law
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…
New York Firearms Attorneys Get 13 Guns, Hundreds of Rounds of Ammunition Suppressed – 12 Count Indictment Dismissed
Guns, ammunition and magazines that were suppressed by the Judge New York, Second Amendment attorney and NRA Firearms instructor Peter Tilem scored a major victory in Rockland County Court earlier today, when the Judge holding a suppression hearing ruled that there was no probable cause for the arrest of his…
Do Federal Gun Laws Apply in New York?
Whether you are a resident of New York state, or are just visiting, you are expected to know and follow all state and federal laws. This is particularly important for criminal laws and gun laws. But even the courts can sometimes have a hard time deciding which acts are unlawful…