Manufacture, Transport, Defacement of a Weapon in New York

Are You at Risk for Prosecution for the Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances in New York?

Gun violence is a serious problem in New York and the United States as a whole. Because of this, the State of New York and the federal government both have extremely serious penalties for crimes related to firearms and ammunition.

Examples

There are some situations you may find yourself in where you are charged with the manufacture, transport, disposition, and defacement of weapons and dangerous instruments and appliances, such as:

Selling a firearm to a felon.
Selling ammunition to a minor.
Filing the serial number off a firearm.
Purchasing a stolen firearm.

Statutes Governing the Manufacture, Transport, Disposition, and Defacement of Weapons and Dangerous Instruments and Appliances in New York

Article 265 of the New York State Penal Law covers firearms and other dangerous weapons. Among these crimes is the crime of manufacture, transport, disposition, and defacement of weapons and dangerous instruments and appliances.

This crime is codified in a very long and detailed statute, NY PL § 265.10, which identifies seven (7) situations where an individual may violate the statute. The penalties for this crime depend upon a series of factors. In order to make the statute easier to understand, let’s look at each of the subsection of the statute individually.

Subsection 1

Under NY PL § 265.10, subsection 1, you commit the crime of manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances when:

You manufacture or cause to be manufactured, one of the following, as defined in NY PL § 265.00:
Machine-gun
Large capacity ammunition feeding device
Disguised gun
Assault weapon

Committing this crime is a class D felony.

You manufacture or cause to be manufactured one of the following, as defined in NY PL § 265.00
Gravity knife
Switchblade knife
Metal knuckle knife
Pilum ballistic knife
Bludgeon
Blackjack
Billy
Plastic or metal knuckles
Sandbag
Sandclub
Chuka stick
Kung-fu star
Slingshot

Committing this crime is a class A misdemeanor.

Subsection 2

Under NY PL § 265.10, subsection 2, you commit the crime of manufacture, transport, disposition, and defacement of weapons and dangerous instruments and appliances when:

You ship or transport one of them as defined in NY PL § 265.00
Firearm silencer
Machine gun
Disguised gun
Assault weapon
Large capacity ammunition feeding device
Five or more firearms (as merchandise)

Committing this crime is a class D felony.

You ship or transport one of the following as merchandise as defined in NY PL § 265.00
Gravity knife
Switchblade knife
Metal knuckle knife
Pilum ballistic knife
Bludgeon
Blackjack
Billy
Plastic or metal knuckles
Sandbag
Sandclub
Chuka stick
Kung-fu star
Slingshot

Committing this crime is a class A misdemeanor.

Subsection 3

Under NY PL § 265.10, subsection 3, you commit the crime of manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances when:

You dispose of one of the following as defined in NY PL § 265.00:
A firearm silencer
Large capacity ammunition feeding device
Assault weapon
Machine gun

Committing this crime is a class D felony.

You knowingly conceal, dispose of, receive, or buy one of the following, as defined in NY PL § 265.00, which has been defaced in order to conceal or prevent the detection of a crime:
Shotgun
Rifle
Firearm
Machine gun
Large capacity ammunition feeding device

Committing this crime is a class D felony.

Subsection 4

Under NY PL § 265.10, subsection 4, you commit the crime of manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances when:

You dispose of appliances, instruments, or weapons, as defined in NY PL § 265.01, with the exception of a firearm.
Committing this crime is a class A misdemeanor; or
Committing this crime is a class D felony if you have previously convicted of any crime.

Subsection 5

Under NY PL § 265.10, subsection 5, you commit the crime of manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances when:

You dispose of any appliance, instrument, substance or weapon, as defined in NY PL § 265.05, to any person less than sixteen (16) years old.
Committing this crime is a class A misdemeanor.

Subsection 6

Under NY PL § 265.10, subsection 6, you commit the crime of manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances when:

You willfully deface a firearm, large capacity ammunition feeding device, or machine gun
Committing this crime is a class D felony.

Subsection 7

Under NY PL § 265.10, subsection 7, you commit the crime of manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances when:

You, being lawfully in possession of a firearm and not a wholesale dealer, gunsmith, or duly licensed firearm dealer, dispose of a said firearm without notifying the licensing officer first.
Committing this crime is a class A misdemeanor.

As you can see, this statute is quite long and full of very specific terminology. With such a large portion of the article reserved for definitions, this is an extremely complex law that can have very serious consequences. You need a skilled litigator in your corner to help you navigate this extremely complicated and confusing area of law

Federal Statutes on the Manufacture, Transport, Disposition, and Defacement of Weapons and Dangerous Instruments and Appliances

There is also some federal law that deals with the crime of manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances. Under federal law, there are seven (7) main firearms laws for the purposes of this article. Let’s take a look at them one-by-one:

Possession of a firearm or ammunition by a prohibited person

Under 18 U.S.C. § 922, you commit the crime of possession of a firearm or ammunition by a prohibited person when:
You have a receipt or possession of a firearm or ammunition
You fall into one of the following categories:
Felon
Drug user or addict
Alien
Subject to a domestic restraining order
Previously convicted or domestic assault
Fugitive from justice; or
Dishonorably discharged from the United States military; and
The firearm or ammunition was transported across state lines at some point in time
Punishable by a prison sentence not to exceed ten (10) years.
Can be sentenced to fifteen (15) years if you have three or more previous convictions for drug trafficking felonies or violent felonies.

Knowingly selling, giving or otherwise disposing of any firearm or ammunition to any person who falls within a prohibited category

Under 18 U.S.C. § 922, you commit this crime by knowingly disposing of, giving, or selling a firearm or ammunition to a person who falls into one of the following categories:
Felon
Drug user or addict
Alien
Subject to a domestic restraining order
Previously convicted or domestic assault
Fugitive from justice; or
Dishonorably discharged from the United States military
Punishable by a prison sentence not to exceed ten (10) years.

Use, carry or possess a firearm in relation to or in furtherance of a drug felony or federal crime of violence

Under 18 U.S.C. § 924, if you use or possess a firearm during a drug felony or federal crime of violence, you have committed the crime. The sentence for this crime ranges between five (5) years and life imprisonment without the possibility of parole (if the use of the firearm resulted in death).

The specific circumstances of the crime may enhance the mandatory minimum sentence.

Stolen firearm, ammunition, or explosive

Under 18 U.S.C. §§ 842; 922, you may not:
Conceal, possess, receive, store, sell, or transport a stolen firearm, ammunition, or explosive across state line; and
Steal or unlawfully take a firearm from the premises or person of an individual licensed to carry firearms
Punishable by a prison sentence not to exceed ten (10) years.

Firearm in a school zone

Under 18 U.S.C. § 922, you may not:
Possessor discharge a firearm in a school zone, unless you are specifically authorized to do so.
Punishable by a prison sentence not to exceed five (5) years.

Knowingly possessing or manufacturing

Under 18 U.S.C. § 922 and 26 U.S.C. § 5861, you may not possess any of the following:
A fully automatic firearm or machine gun
A firearm silencer
A sawed-off shotgun
A sawed-off rifle
A destructive device
A semi-automatic assault weapon produced subsequent to October 1, 1993; or
A firearm that does not have a serial number or the serial number has been altered in some way.
Punishable by a prison sentence not to exceed five (5) or ten (10) years, depending on the specific item possessed or manufactured.

Sell, deliver, or transport to a juvenile

Under 18 U.S.C. § 922, you may not:
Sell, deliver or transfer to a juvenile, any handgun or handgun-only ammunition
As a firearm licensee, sell any gun or ammunition to a person less than eighteen (18) years old and sell a handgun or handgun ammunition to a person less than twenty-one (21) years old
Punishable by a prison sentence between one (1) and ten (10) years, depending on the specific circumstances of the offense.

As you can clearly see, there are many federal laws on the possession and transfer of firearms and ammunition. Many of these crimes carry hefty prison sentences and can stack up quickly. This can leave you looking at decades in federal prison, and in some instances, life without the possibility of parole.

Violent gun crime is a serious issue in the United States, and the federal government has many laws at their disposal to attempt to remedy the problem. With the possibility of losing your freedom for the rest of your life, you cannot afford to delay, call us today and get an experienced lawyer in your corner.

Agencies Tasked with Prosecuting the Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances

Due to the high rates of gun violence in the State of New York as well as nationwide, a considerable amount of resources are dedicated to firearms and ammunition. Within the New York Police Department (NYPD), there is a division called the New Gun Violence Suppression Division. This division has over 200 individuals focused on NYPD investigation involving illegal firearms, shooting, and gang violence.

Furthermore, in cases of gang-related gun violence, the NYPD’s gang unit is likely to get involved. Additionally, there is a strong federal law enforcement presence as it relates to firearms and ammunition. On the federal level the Federal Bureau of Investigation (FBI) and the Federal Bureau of Alcohol, Tobacco, and Firearms (ATF) often work together with state and local law enforcement agencies to share information and collaborate on the most effective strategies.

These federal officials are also tasked with investigating federal firearm and ammunition offenses. The prosecution for these offenses will be undertaken by the Attorney General’s office. With so many experienced agents, backed by a nearly unending stream of funding working to lock you up, isn’t it time you had an expert attorney fighting for you?

Statutory Penalties the Manufacture, Transport, Disposition and Defacement of Weapons and Dangerous Instruments and Appliances

The crime of the manufacture, transport, disposition, and defacement of weapons and dangerous instruments and appliances has a few different statutory penalties depending on which subsection of the statute you violate. If you violate this statute, you have committed either a class A misdemeanor or class D felony.

The punishment for a class A misdemeanor under the New York Penal Law is a term of imprisonment not to exceed one (1) year or a period of probation not to exceed three (3) years. In addition, you may also be fined up to $1,000 or twice the amount of your financial gain from the crime.

The punishment for a Class D felony under the New York Penal Law is a term of imprisonment not to exceed seven (7) years or probation, and a fine.

Penalties for violating federal statutes related to firearms and ammunition

For violating the federal statutes related to firearms and ammunition, the punishment varies, depending on the specific circumstances of the offense committed. The penalties for committing these crimes range from one (1) year imprisonment to life imprisonment without the possibility of parole.

For offenses such as possession of a firearm or ammunition by a prohibited person, you may receive a mandatory minimum of fifteen (15) years without the possibility of parole if you are a third time offender (violent felony or drug trafficking felony). If you are charged with a firearm crime related to drug trafficking or violent federal felony, your sentence may depend on details such as the type of firearm involved, the number of offenses committed, whether the firearm was simply possessed or actually presented or discharged, and if death was a result of the use of the firearm. Additionally, for the crime of sale or delivery to a juvenile, being a firearm licensee increases your sentence.

Additional Consequences

In addition to the potential jail time and financial consequences of being convicted of the manufacture, transport, disposition, and defacement of weapons and dangerous instruments and appliances, other consequences may affect you as well. If you were convicted of one of the subsections punishable as a felony, you would be subject to the additional consequences of being a convicted felon.

Many aspects of your life are likely to be impacted, such as your ability to find housing or steady employment, as well as the inability to access government benefits, including student loans. Also, as a felon, you are now placed in a class of people that are prohibited from owning or possessing a firearm or ammunition.

Legal Defenses to the Manufacture, Transport, Disposition, and Defacement of Weapons and Dangerous Instruments and Appliances

There are some legal defenses that may be available to you in an attempt to avoid a conviction for the manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances. NY PL § 265.20 lists the various exemptions applicable to this article of the New York Penal Law. The following are some examples of individuals exempted from prosecution under this article:

Military personnel (state or federal)
Police officers
Peace officers
Federal defense contractors
An individual voluntarily surrendering a weapon, instrument, or appliance
A warden or other employee of a correctional facility
An individual using a weapon used for hunting, trapping, or fishing
A convicted felon issued a certificate of good conduct
An individual older than twelve (12) but younger than sixteen (16) using a weapon at a shooting range
Must be under the supervision of certain classes of people
An individual in lawful possession of a firearm for the purposes of repair
An individual knowingly transporting firearm as merchandise
A gunsmith or licensed dealer
A member of an accredited college or university target pistol team
An individual using a firearm during a National Rifle Association approved event
An individual possessing a pocket-sized “self-defense spray device” (mace, pepper spray)

With such an exhaustive list of exemptions from prosecution under this article, there may be an ironclad defense available to you. Because so many of these defenses hinge on minute details of the offense, it is nearly impossible to defend yourself properly. Our expert criminal defense attorneys are experienced in these matters and know the ins and outs of all of the crimes and exemptions available under this article.

In addition to the listed exemptions, there may be other technical or procedural defenses available to you. With the possibility of life in prison without the possibility of parole, you owe it to yourself to retain a top-notch litigator to defend you.

We Are Here To Help, Call Us Now!

The manufacture, transport, disposition, and defacement of weapons and dangerous instruments and appliances is an extremely serious crime with potentially devastating consequences. With the potential for extensive jail time, having a knowledgeable lawyer can make all the difference in the world.

The justice system has a strong interest in decreasing gun violence, and for this reason, the penalties are quite stiff. With the possibility of multiple counts on both the federal and state level, proceeding without adequate legal representation is unwise. Retaining counsel early on in the legal process ensures the highest likelihood of a positive outcome for you.

For any questions about the manufacture, transport, disposition, and defacement of weapons and dangerous instruments and appliances in New York, or to have a confidential consultation with one of our knowledgeable criminal defense attorneys, please reach out to us today. We have a nearby office that will be able to assist you.