Criminal Sale of a Firearm to a Minor is a New York law intended to restrict minors’ access to firearms. More specifically, under New York Penal Law § 265.16, it is a Class C felony for someone who is not licensed to possess a firearm or large capacity ammunition feeding device to sell, exchange, or give a firearm to a person who is (or appears to be) under 19 years and not permitted to possess a firearm. It is not required that the minor pay for the firearm. Just giving the minor a firearm violates this statute.
The Elements of Criminal Sale of a Firearm to a MinorBefore a judge or jury can convict someone of a crime, the government must prove each element of the offense beyond a reasonable doubt. The elements of the Criminal Sale of a Firearm to a Minor are:
Additionally, if the item is a firearm, the prosecution must prove that the firearm was operable; however, it doesn’t need to be loaded.
In this context, “firearm” refers to any type of handgun, including a revolver or pistol. Additionally, a “large capacity ammunition feeding device” includes and magazine, belt, drum, or feed strip capable of holding more than ten rounds.
Examples of Criminal Sale of a Firearm to a MinorCriminal Sale of a Firearm to a Minor is a rather specific offense that doesn’t come up all that often. However, one example of conduct that could give rise to these charges would be defendant who realizes they are prohibited from possessing a firearm and then gives their handgun to a family member who is under 19.
Related Offenses to NY Penal Law § 265.16Often, prosecutors bring charges of Criminal Sale of a Firearm to a Minor along with one or more of the following:
There are several defenses to Criminal Sale of a Firearm to a Minor that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The most common defenses include the following:
Criminal Sale of a Firearm to a Minor is a Class C felony. In New York, Class C felony crimes carry a maximum sentence of up to 15 years in jail and a fine of up to $15,000.
Reach Out to an Experienced New York Gun Crimes Lawyer to Discuss Your Case TodayIf you’ve been arrested and charged with Criminal Sale of a Firearm to a Minor, it is imperative that you find a New York criminal defense attorney who will take your case as seriously as you do. At Tilem & Associates, P.C., we have decades of combined experience defending the rights of clients charged with all types of weapons offenses, including the illegal sale of a gun to a minor. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.