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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27455
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was traveling through up state new York and was pulled

Customer Question

I was traveling through up state new York and was pulled over and charged with a firearm possession the gun belongs to me I am registered to carry concealed in my state (VA) . The DA is offering a plea that reduces my felony to a misdemeanor, no probation just fines but they are telling me i can't have my gun back even though Its registered to me and it wasn't used in a crime. Can they do that or is there away to get my gun back?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 10 months ago.

I am an experienced NYS criminal defense attorney.

Unfortunately, yes they can do that. Your gun was used in a crime in that just carrying it through NYS is unlawful.

That's why you received a criminal charge. New York recognizes no license or permit other than its own. In fact, New York City doesn't even recognize the legitimacy of a NYS license. New York has the harshest gun laws in the country.

Since the gun was the instrumentality of a crime, it's the state's if they want it. A local lawyer with some contacts in the DA's office may be able to try to convince the prosecutor to give you the gun back as a personal favor, but the state doesn't have to go along with the program.

At least they are offering you the misdemeanor. I've known people in your identical situation who were forced to take a felony plea if they didn't want to go to trial.

Expert:  Zoey_ JD replied 10 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.