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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16500
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have a friend with a felony that was holding onto a gun for

Customer Question

I have a friend with a felony that was holding onto a gun for me. He was arrested last night and they now have my gun its registered to me, but was it was in his household. What can happen to me?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 years ago.
If the gun is lawfully registered to you, your friend is the one in trouble here, but if you are contacted by the police about how he happened to come by your gun, it would be wise not to speak to them without first talking to a lawyer
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16500
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 11 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
The issue with this is the circumstances in which he obtained it. And the fact that it was transported into NY from VA. It was not made clear that transporting a weapon across NY state lines is illegal. Are there any more issues I should know about?
Expert:  Zoey_ JD replied 3 years ago.
Hi,

I dashed off the first message from my iPhone and I'm home now and on my computer. So are you saying that the gun is lawfully registered to you in Virginia but somehow was brought into NY?

That's a no-no. NYS has the toughest gun laws in this country. The only thing tougher is NYC, which doesn't even recognize a NYS license.

Here's the thing. A felon in possession of a firearm caught in NYS is facing a maximum of 7 years of prison. A felon has no state or Federal gun rights, and he's not to be anywhere near a firearm. So as long as this gun is operable, it doesn't matter where he got the gun from as far as you're concerned.

If you were not with him at the time he was arrested and arrested as well for having a gun licensed in Virginia while in NYS, you're okay for now. If the police trace the gun back to you and you are in Virginia and the gun is licensed in Virginia, the NYS police may or may not do anything about this.

If however, they notify Virginia and you are contacted about the gun, it would be a good idea to speak to a local lawyer before answering any questions. If you gave this friend a gun, knowing that he was a felon and had no firearms rights and knowing that he was going to cross state lines with it, depending on the other facts and circumstances of your friend's matter, there may be some way of implicating you in criminal activity. I don't have enough to know that, and I'm not sure you do either.

One thing for sure though is that the gun has been confiscated and is presently being held in NYS as evidence in a felony matter. Don't even think you will ever get this gun back, and don't be foolish enough to try to claim it from the authorities at this time.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16500
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 11 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you so much for all of the info. i was the one that actually transported the weapon accross state lines not knowing that it is illegal in VA the gun laws are very loose i.e. no waiting period. The weapon came into his possesion of my doing leaving it in a locking fireproof safe within his residence. He was indeed arrested in physical possesion of the firearm as it was in his safe. I however was not there and am currently still residing in VA with the intentions of moving to NY in a very short period of time that being the reason it was moved there with quite a bit of my other property. I do appreciate the advice in such a timely manner.
Expert:  Zoey_ JD replied 3 years ago.
Jacustomer,

Thank you for the accepts. I don't think you're asking a question here, but I'm sure you know that once you establish residency here, you will have to comply with NYS's gun laws as Virginia's will not help you at all.

I wish you well with your relocation and your friend luck with his case.

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