Are Airsoft Guns Legal in NYC
Owning BB guns, airsoft weapons, or other air firearms in New York City is unlawful if you do not have the required license, according to the New York City, as specified by the New York City Administrative Code.
10-131(b), that part of the administrative code, says
Anyone who sells offers to sell or has an air pistol, air rifle, or another similar device that uses air or spring as the propellant is breaking the law.
However, suppose the sale of the weapon is accompanied by delivery outside the city. In that case, it is legal, and possession for that purpose is legal as long as the seller has obtained an annual license from the city’s police commissioner allowing the sale and possession.
The sale or transfer of such weapons within the city between licensees, their use at legally allowed rifle or pistol ranges, or their use with an amusement program approved by This subdivision will not be broken by the Department of Consumer and Worker Protection.
Anyone who handles the instruments listed in this subdivision must keep the name, address, and delivery location of each buyer on file. During regular business hours, officers from the city police department can see this record.
Each person granted a license to sell, possess, and deliver the instruments described in this paragraph must pay an annual fee of ten dollars. Are Airsoft Guns Legal in NYC. Therefore, you risk being arrested and prosecuted for breaking the New York City Administrative Code if you are in the city with a BB gun, airsoft pistol, or any other handgun that uses air to drive the projectile.
If you are being charged with possessing an airgun in New York City, contact us for a free consultation. We handle air gun situations regularly and are skilled at producing excellent results.
If your airsoft gun doesn’t have bright neon colors that make it appear like a real weapon, you can also be charged with possessing an imitation weapon. According to the New York City Administrative Code, that offense is a misdemeanor.
To be clear, only the five boroughs of New York City are subject to the New York City Administrative Code. Because the New York State Penal Law allows the possession of air pistols, you are therefore permitted to lawfully own an airsoft gun or other air pistol in New York State outside of New York City. Are Airsoft Guns Legal in NYC
However, because the police were able to obtain the weapon by searching the defendant’s house, vehicle, or clothing without a warrant, there are sometimes constitutional issues with air pistol instances. Or reasonable cause to search lawfully where the airsoft gun was found.
For instance, if police visit a home after receiving a report of an attack, they are not permitted to search a closed safe without a warrant. Removing an airsoft gun from the safe would infringe on the owner’s constitutional rights.
Are Airsoft Guns Legal in NYC
Are Airsoft Pistols Considered to be a Firearm?
Given the severe penalties for gun ownership, such as jail time and a criminal record, it is concerning that the New York Penal Law defines weapons so loosely.
Considering the vague meaning of “firearm,” a person arrested for carrying a BB or airsoft gun has legitimate concerns that the air gun would be regarded as a firearm.
According to the Penal Law, a “firearm” is:
A “firearm” is defined as (a) any pistol or revolver; (b) a shotgun with one or more barrels shorter than eighteen inches; (c) a rifle with one or more barrels shorter than fourteen inches; or more barrels that are less than sixteen inches in length; (d) any weapon made from a shotgun or rifle, whether by alteration, modification or otherwise,
(e) a weapon used for attack; (f) any other weapon not expressly mentioned; or (e) a weapon modified, altered, or otherwise has a total length of less than 26 inches.
This section includes any part that provides housing, or a structure meant to incorporate any fire control part made to discharge a projectile by explosive action or that can be readily modified. Are Airsoft Guns Legal in NYC
According to this section, a shotgun or rifle’s barrel length is the separation between the muzzle and the bolt, breech, or breechblock face when the weapon is cocked and when it is closed.
The overall length of a gun made from a shotgun or rifle is the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore. Antique guns are not classified as firearms.
According to the Penal Law, a firearm is “any pistol or revolver,” hence an air pistol would be classified as both a pistol and a gun.
Despite the Penal Law’s ambiguous definition of “firearm,” certain court decisions have determined that air pistols are not considered guns.
Despite the Penal Law’s ambiguous definition of “firearm,” certain court decisions have determined that air pistols are not considered guns.
The First Department Appellate Division, a higher-level court whose decisions are enforceable in Manhattan, ruled in People v. “An air pistol is not a firearm,” Schmidt said. In the more recent case of People v. Wilson’s decision that an air gun is not a firearm was upheld by the First
Department Appellate Division once more. Does New York City allow airsoft guns?
Because of this, even though BB and airsoft weapons are prohibited in New York City, they are typically not regarded as firearms under the law.
Therefore, the consequences are far less severe than those imposed on someone who is accused of a weapons offense and found in possession of a conventional handgun in New York City without the necessary license.
BB gun and airsoft accusations are usually dropped with the help of an experienced criminal defense attorney, allowing an accused air pistol owner to escape a criminal record and any potential jail time.
Cody Warner, P.C., a law firm in New York City, specializes in criminal and civil rights law.
We take legal action to secure justice for our clients who have been falsely accused andend clients who are charged with crimes in state and federal courts.
Are Airsoft Guns Legal in NYC
Cody Warner
Principal Attorney
Having defended thousands of clients against criminal charges, Cody Warner is a seasoned criminal defense attorney with vast knowledge of the criminal justice system.
Since his law school internship at the Georgia Capital Defender Office, when he helped successfully overturn a client’s death sentence, Cody has been an ardent supporter of the accused.
After graduating from Emory University School of Law, Cody worked for one of the nation’s top public defender offices, the Legal Aid Society in New York City. He worked with several other criminal defense attorneys in the Manhattan office of Legal Aid for ten years, representing hundreds of people who were accused of crimes.
In addition to working with professionals in the domains of DNA analysis, weapon ballistics, sexual assault examination, emergency medicine, breathalyzer science, and forensic psychiatry, Cody has experience with intricate situations involving scientific evidence. With extensive experience in jury trials, Cody frequently convinces jurors to rule in his client’s favor. Are Airsoft Guns Legal in NYC
Cody works at the nexus of civil rights and criminal law. He defends those accused of crimes and pursues civil claims to secure justice for his clients who have suffered abuse at the hands of the police.
Cody is licensed to practice law in the State of New York, the Southern District of New York, and the Eastern District of New York. He is a member of the New York State Bar Association, New York City Bar Association, New York Criminal Bar Association, and New York State Association of Criminal Defense Lawyers, in addition to the National Police Accountability Project.
Cyrus Joubin Of Counsel
Following graduating from Columbia Law School in 2006, Cyrus began practicing law in New York City as a public defender. He developed his abilities and fell in love with defending people in court while working for the Neighborhood Defender Service of Harlem.
Cyrus opened his own legal business in 2010, focusing on civil rights cases resulting from police wrongdoing. As a sole practitioner, Cyrus has litigated at the trial and appellate levels in several Section 1983 cases in state and federal courts. Cyrus has assisted hundreds of victims in obtaining restitution for police abuse and violations. Cyrus also represents Cody Warner, P.C. in their civil rights action.
In addition to compensating his clients, Cyrus has used civil rights litigation to reveal harmful police practices and bring about significant reform.
Cyrus oversaw the class action case Belle v. Legal Aid Society, which included two law firms. City of New York (19-cv-2673) (SDNY) from 2018 to 2022. This case resulted in a significant reform of the NYPD’s unlawful practice of holding innocent people in detention to warrant checks.
Due to the well-publicized settlement obtained in Belle, the NYPD revised its Patrol Guide and started educating its officers on how to behave legally during investigative street interactions. The case exposed the NYPD’s powerful Domain Awareness System (DAS), and the settlement marks a significant step in restricting the agency’s use of electronic databases to conduct digital searches of innocent persons.
Cyrus is licensed to practice law in the Second Circuit, the Southern and Eastern Districts of New York, New York, Pennsylvania, and the United States Supreme Court.
What Is the Price of a Criminal Defense Attorney in New York City?
If you have been charged with a crime, you will surely want to know how much it will cost to hire a criminal defense lawyer in New York City.
This page explains the usual legal expenses for our customers with criminal cases and the elements that influence the cost of legal services. In contrast to criminal cases, our civil rights matters are handled contingently.
The Two Factors Affecting a NYC Criminal Defense Attorney’s Fee
The two main factors determining how much hiring a criminal defense lawyer will cost are the number of hours your lawyer will need to defend you and his hourly rate.
This cost analysis stays the same even if your lawyer charges a fixed fee. Your lawyer must learn about your case before charging a flat fee to determine how many hours it will take to represent you. The expected number of hours is then multiplied by his hourly rate to determine the total cost of representation.
The complexity of your case, which is influenced by numerous factors, including the following, will determine how many hours your lawyer will need to spend on your behalf: How many of the witnesses in your case need more examination? Is it necessary to review a large number of records? In your instance, how many specific legal questions need to be investigated?
Numerous factors will affect his hourly fee, including your attorney’s reputation, expertise, and the going rate for criminal defense lawyers in New York City.
Customers find it difficult to determine how much a NYC criminal attorney costs because most attorneys do not disclose their rates or complete expenses. Even if their hourly rates are utilized to determine a flat fee, all lawyers know them.
Unlike other attorneys, Cody believes it’s essential to be open and honest about up-front fees, so he lists his fees on his website. Because clients understand that their lawyer isn’t playing fast and loose with their fees, transparency strengthens the bond between the two parties.