New York criminal defense firm Tilem & Campbell scored another big victory in a New York gun charge case when the most serious felony charges were dismissed and the remaining misdemeanor charges were reduced to disorderly conduct, which under New York law is a violation and not a crime. The New York gun charges stemmed from an incident in LaGuardia Airport in which the defendant, who was from another State attempted to check his pistol in his checked baggage as he boarded a plane home. He was immediately arrested and charged with possession of a loaded firearm which carries a mandatory minimum of 3 1/2 years in New York State prison.
Although the handgun was not loaded, under New York law a firearm is technically loaded when a person possesses ammunition that is capable of being fired from the gun at the same time that he possesses the gun. The defendant had a license in another state to carry the firearm but the license was not valid in New York, which is what led to the arrest.
New York has one of the most draconian gun laws in the United States, with a first time offender facing a mandatory minimum of 3 1/2 years in prison for possession of a loaded firearm outside his home or place of business. There are few defenses available and, as previously noted, New York has an expansive view of the legal definition of "loaded."
Tilem & Campbell has scored a number of such victories in recent years, including in a similar case that also originated from LaGuardia Airport earlier this year and the dismissal of a Bronx gun charge using the federal traveler's defense more than a year ago. In the Bronx case, a person who was licensed in another State was caught driving through New York with a loaded pistol. Tilem & Campbell is a New York criminal defense law firm that handles a large number of New York gun and weapons charges. Senior Partner Peter H. Tilem spent more than 10 years as a New York City prosecutor and was assigned to the Firearms Trafficking Unit. He has handled hundreds of gun and weapons cases as both a prosecutor and as a defense attorney.
Attorney Peter Tilem is a member of the national attorney network on LawyerCentral.com.
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