The Law Office of Benjamin Greenwald NY Criminal Defense Attorney has recently released a blog post on the defense against charges of illegal manufacture of firearms in Orange County, NY. According to the Greenwald attorney, the most notable among the firearms charges in the State of New York are for the manufacture of bump stock-related parts. A bump stock is an attachment that to a rifle that allows a semiautomatic rifle to fire faster. It allows the rifle to fire at almost the rate of a machine gun without technically converting it into a fully automatic firearm, which is illegal for private citizens to possess. In New York State, the ban on bump stocks was initiated around the end of 2019.
New York’s 2019 bump stock ban included definitions for bump stock, trigger crank, rapid-fire modification device, burst trigger system, and binary trigger system to the Penal Law. Further to the 2019 ban on bump stocks, the State of New York has also enacted a series of strict gun restrictions that changed the definition of a high-capacity ammunition feeding device. The maximum capacity for an ammunition feeding device was decreased in 2013 by New York’s Secure Ammunition and Firearms Enforcement Act (SAFE Act). Before SAFE Act, the maximum capacity was 10 rounds but the new legislation reduced it to seven rounds. However, a federal judge had rejected the lower limit approximately one year after the implementation of the SAFE Act, which means the current legal capacity of a magazine feeding device in New York is still at 10 rounds.
According to New York State law, a “rapid-fire modification device” is any trigger crank, binary trigger system, bump stock, burst trigger system, or other device for the purpose of increasing the rate of fire of a semiautomatic rifle, shotgun, or firearm. A “trigger crank” is any device or instrument that serves to repeatedly activate the trigger of a semi-automatic rifle, shotgun, or firearm by turning a lever or other part. A “burst trigger system” is any device that when installed in or attached to a semi-automatic rifle, shotgun, or firearm, alters the trigger reset to enable the weapon to fire two or more bullets with just one pull of the trigger.
Any individual who knowingly possesses any rapid-fire modification device will be charged with Criminal Possession of a Rapid-Fire Modification, which is a misdemeanor of the first degree and carries a maximum sentence of one year in prison. And just like other misdemeanor firearms or guns charges in New York, a knowledgeable and effective criminal defense may get a dismissal or a non-criminal result in a Criminal Possession of a Rapid-Fire Modification case. With regards to bump stocks, the range of results will depend on the specific case’s additional charges. The two most important factors for the likely outcome of a Criminal Possession of a Rapid-Fire Modification case are the defendant’s criminal background and the presence of additional charges involving weapons. Charges involving bump stocks will need representation by an experienced and competent firearms defense lawyer.
The Greenwald Firm is committed to protecting the rights and freedom of their clients and they have been doing so for more than a decade. He has already provided legal representation for thousands of clients residing in the Orange County area and has tried and won many cases at the state, federal, and county levels. He has also argued several appeals in both the appellate term and appellate division. And he has never worked as a government prosecutor, which is contrary to most criminal defense attorneys in NY. He has only provided his services to the accused and will always continue to defend the accused through even through the hardest situations and doing whatever is needed within the limits of the law to reach a successful conclusion for his client. As a well-experienced trial lawyer, he knows what is required to win in the courtroom and he will never attempt to convince his client to agree to a plea deal when going to trial can provide a better result. The law firm offers legal services to the Hudson Valley area, including Dutchess County, NY, Orange County, NY, Sullivan County, NY, Hudson Valley, NY, and Ulster County, NY.
Those who are interested in learning more about the criminal defense lawyer services provided can check out the Greenwald Law Office - Middletown New York website or contact them on the telephone or via email. They are open from 9:00 am to 5:00 pm, from Monday to Friday.
SOURCE: Press Advantage [Link]
Benjamin Greenwald is an experienced New York Criminal Defense Attorney, located in Middletown, NY.
August 22, 2022 – Greenwald Law Offers Criminal Defense Services