New York Criminal Lawyer Blog
Florida to New York Firearm Trafficking Ring Disarmed: Brooklyn DA Announces Arrest and 105 Count Indictment
The Brooklyn District Attorney’s Office has announced that along with the 105 count indictment against defendants for Criminal Possession of a Weapon and Criminal Sale of a Firearm, the NYPD has taken 56 guns off the streets of New York.
According to the Brooklyn District Attorney’s Office: “The indictment includes charges for the sale or possession of 46 guns – including 28 semiautomatic pistols, six revolvers, three assault rifles, four sawed-off shotguns, and five rifles – to undercover detectives. On four occasions, detectives purchased a total of 40 guns. A fifth sale was arranged, but instead of carrying it out, officers raided the defendant’s Brooklyn safe house and 2 confiscated six additional guns. Through the investigation, ten additional guns were taken off the streets.”
“Investigators believe the guns, worth more than $40,000, were primarily purchased in Florida. Some were brand new, with safety stickers and barrel plugs affixed. Others had been defaced, meaning their serial numbers had been removed.”
The defendants are charged with Criminal Sale of a Firearm in the First Degree, Criminal Sale of a Firearm in the Second Degree, Criminal Sale of a Firearm in the Third Degree, Criminal Possession of a Weapon in the First Degree, and Criminal Possession of a Weapon on the Second.
Under the New York Penal Law, criminal sale of a firearm in the third degree is committed by any when such person is not authorized pursuant to law to possess a firearm and such person unlawfully either: (1) sells, exchanges, gives or disposes of a firearm or large capacity ammunition feeding device to another person; or (2) possesses a firearm with the intent to sell it. Criminal sale of a firearm in the third degree is a class D felony.
Criminal sale of a firearm in the second degree is committed by any person when such person: (1) unlawfully sells, exchanges, gives or disposes of to another five or more firearms; or (2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of five or more firearms in a period of not more than one year. Criminal sale of a firearm in the second degree is a class C felony.
Criminal sale of a firearm in the first degree is committed by any person when such person: (1) unlawfully sells, exchanges, gives or disposes of to another ten or more firearms; or (2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of ten or more firearms in a period of not more than one year. Criminal sale of a firearm in the first degree is a class B felony.
Criminal possession of a firearm is one of the more common charges addressed by Article 265 of the New York Penal Law, which covers crimes relating to firearms and other dangerous weapons. Criminal possession of a firearm is not broken down into degrees, but is rather one “flat” crime, classified as an E Felony.
Under Article 265, a firearm is defined as a:
• pistol
• revolver
• shotgun (with one or more barrels under 18″ in length)
• any weapon made from an altered shotgun
• an assault weapon
Whether they relate to sale, usage, or possession, weapons crimes are taken extremely seriously in the state of New York. Should they lead to convictions, the vast majority of New York weapons charges result in felonies. Having a felony offense on your criminal record has dire consequences, both at the time of conviction and years into the future. First, there are the fines and years of incarceration. Later, even after a successful release from prison, many ex-felons struggle with obtaining employment and housing.
Criminal Possession of a Weapon in the First Degree, pursuant to NY Penal Law 265.04, and Criminal Sale of a Firearm in the First Degree, pursuant to NY Penal Law 265.13, are both “B” felonies punishable by up to 25 years in prison. Criminal Sale of a Firearm in the Second and Degree, pursuant to NY Penal Law 265.12, and Criminal Possession of a Weapon in the Second Degree, pursuant to NY Penal Law 265.03, are both “C” felonies punishable by up to 15 years in state prison. Criminal Sale of a Firearm in the Third Degree, pursuant to NY Penal Law 265.11, is a class “D” felony punishable by up to 7 years in state prison.
While I can only speculate as to the scope of the evidence, investigations such as this are often accompanied with “wires,” video surveillance, search warrants and other recording devices. These defendants, innocent until proven otherwise, have a long road ahead of them and are charged with crimes that the Brooklyn District Attorney’s Office will like vigorously pursue for significant sentences.
If you are involved in a similar case scenario, seek the help of a New York Criminal Defense Attorney and New York Gun Crime Attorney at Stephen Bilkis and Associates.