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In Your Defense

Fighting For Your Right To Bear Arms In New York City

Last updated on May 13, 2024

Gun laws are constantly being debated in both New York state and Congress. If you own firearms yourself, it can feel like your constitutional right to own and keep guns is being constricted. It can be tough to know what your rights are and who is allowed to possess firearms.

If you have been charged with a gun-related crime, attorney Samantha Chorny, founder of SMC Law Firm, can help. She focuses her practice exclusively on criminal defense at both the state and federal levels. Samantha will handle every step of your case personally and make it a priority to reach a reasonable outcome.

Section 922g

Section 922g of the federal criminal code prohibits certain people from possessing, transporting or receiving a firearm, usually due to a felony conviction or misdemeanor crime of violence on their record. Other reasons that 922g gives for prohibiting gun possession include drug addiction, mental incompetency, not being a U.S. citizen and being the subject of a restraining order.

Possessing a firearm while being subject to one of the items on the 922g banned list is a federal crime. Even a first offense can mean months or years behind bars. Factors include:

  • Your prior criminal record.
  • The number of guns involved. More than two guns will add points to the offense level when determining your sentencing guidelines.
  • The type of gun involved. An assault rifle or sawed-off shotgun will likely add to your sentence.
  • Whether the guns were stolen.
  • Whether the guns’ serial numbers were removed.

When facing this charge, you need a lawyer you can trust to protect your rights and seek the best possible outcome. Samantha Chorny is skilled at negotiation and minimizing potential jail time for her clients. She understands the complexity of the 922g statute and how to represent her client’s best interests.

What Is A Ghost Gun?

A so-called “ghost gun” is one purchased online and at gun shows. Instead of buying an already-assembled gun, the purchaser buys a kit and puts it together themselves. Because buying one of these kits does not require a background check and the guns do not have serial numbers, they are controversial. In 2022, the Biden administration introduced a rule regulating the registration of ghost guns. However, this rule is currently caught up in the courts, and its future is uncertain. You might still be charged with possessing an unregistered ghost gun in the future. If you are, SMC Law Firm will be there to defend you.

Talk About Gun Charges With SMC Law Firm

Gun laws are complex and are always subject to change. To know where you stand after an arrest, reach out to SMC Law Firm as soon as possible to schedule an initial consultation with the firm’s attorney. Call 212-256-9441 or use this online form.