Criminal Purchase or Disposal of a Weapon in NYC (2022)

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Under New York weapons laws, a person commits a serious crime when he or she purchases or otherwise acquires a gun despite knowing that he or she is legally prohibited from possessing a gun due to a prior criminal conviction or some other disability that has rendered him or her ineligible to lawfully possess a firearm, rifle or shotgun.

Buying a gun for someone prohibited from owning a gun is also illegal under this law, as is simply giving or “disposing of” a gun to someone prohibited from owning a gun.

Criminal Purchase or Disposal of a Weapon is a Class D felony under New York Penal Law, Part 3, Title P, Article 265.17. An arrest for this charge may occur when a person buys or comes into possession of a gun when he or she is not authorized to do so. Both the buyer and seller (or giver and receiver) of a weapon that is part of any illegal transaction may result in a charge under this statute.

Penalties for a conviction of the criminal purchase or disposal of a weapon include up to seven years in prison and a fine of up to $5,000, as well as the seizure and destruction of the weapon.

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Attorney for Criminal Purchase or Disposal of a Weapon in Manhattan

If you were arrested for criminal purchase or disposal of a weapon in Manhattan or any of the five boroughs of New York City, you should contact an experienced criminal defense lawyer. A qualified attorney will be able to explain the charge and defenses that apply to the case.

At Greco Neyland, PC, we represent people arrested on criminal firearm charges in New York City. We take the time to investigate all of the facts in each case and to mount an aggressive defense.

With Greco Neyland, PC as your advocate, you will have former prosecutors fighting on your behalf, so we know how the process works. We represent clients in Manhattan (New York County), Brooklyn (Kings County), The Bronx, and the other boroughs of New York City. Call us today at (212) 951-1300 to schedule a free consultation.

Information about Criminal Purchase or Disposal of a Weapon in New York City

  • Types of Criminal Purchase or Disposal of a Weapon Charges
  • Definitions of Terms Related to Criminal Purchase or Disposal of a Weapon
  • Elements of Criminal Purchase or Disposal of a Weapon
  • Penalties for Criminal Purchase or Disposal of a Weapon
  • Resources Related to Criminal Purchase or Disposal of a Weapon

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Types of Criminal Purchase or Disposal of a Weapon

A license is required in New York in order to possess a gun legally. New York City’s gun laws exist in addition to New York State’s gun laws and the city laws are more restrictive than the state laws, requiring registration with the city as well as the state.

A conviction for a previous crime may prohibit the convicted person from possessing a gun. Some people who were not convicted of a crime may also be legally barred from possessing a gun due to certain mental or physical conditions.

New York Penal Law, Part 3, Title P, Article 265.17 states that a person is guilty of Criminal Purchase or Disposal of a Weapon when:

  • Knowing that he or she is prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some other disability which would render him or her ineligible to lawfully possess a firearm, rifle or shotgun in (New York), such person purchases a firearm, rifle or shotgun from another person (§ 265.17(1)); or
  • Knowing that it would be unlawful for another person to possess a firearm, rifle or shotgun, (a person) purchases a firearm, rifle or shotgun for, on behalf of, or for the use of such other person (§ 265.17(2)); or
  • Knowing that another person is prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some other disability which would render him or her ineligible to lawfully possess a firearm, rifle or shotgun in (New York), a person disposes of a firearm, rifle or shotgun to such other person (§ 265.17(3)).

In other words, a person who is prohibited from possessing a gun may not legally buy a gun, someone may not buy a gun for them, and someone may not “dispose of” a gun to him or her. In addition, previous cases have established that a gun must be “operable” in order to obtain a conviction.

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A related offense, aggravated criminal possession of a weapon, involves loaded weapons and is a Class C felony, with a maximum prison sentence of 15 years.

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Definitions of Terms Related to Criminal Purchase or Disposal of a Weapon

Several key terms in the law are legally defined in the statutes, including knowing, possess, firearm, rifle, shotgun, prohibited by law from possessing a firearm, dispose of and operable.

Under N.Y. P.L. Part 1, Title B, Article 15.05(2), a person “knowingly” possesses a firearm when that person is “aware” that he or she is in possession of a firearm.

Under the law, “possess” means to have physical possession or otherwise to exercise dominion or control over tangible property (N.Y. P.L. Part 1, Title A, Article 10.00(8)).

Possession may be “actual” or “constructive.” Actual possession occurs when the police discover a weapon on a person or his or her belongings and no one else has equal access to it. Constructive possession occurs when more than one person has access to a weapon, such as a weapon in a drawer or glove box of a vehicle when more than one person has access to it.

A “firearm” is defined in N.Y. P.L. § 265.00(3) as “any pistol or revolver.” Rifles and shotguns are also considered to be “firearms” under N.Y. P.L. § 265.17, but an “antique firearm” is not.

“Rifle” means “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.” (N.Y. P.L. § 265.00(11)).

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“Shotgun” means “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.” (N.Y. P.L. § 265.00(12)).

(See N.Y. P.L. § 265.00 for definitions of other weapons.)

Since New York’s weapons laws do not impose a complete ban on handguns, it is not a “severe restriction” improperly infringing on a defendant’s rights under the Second Amendment of the U.S. Constitution. (See People v Mitchell, 129 A.D.3d 1319, 11 NYS 3d 731 (3d Dep’t 2015)).

Thus, a person has no legal right to possess a firearm in New York, with certain exceptions granted under N.Y. Penal Law Article 400 (Licensing and Other Provisions Related to Firearms), which include proper licensing and usage.

Therefore, a person is “not authorized pursuant by law to possess a firearm” when that person “has no legal right to possess a firearm,” such as when a person possesses a gun without a proper license or licenses, if a person has been convicted of certain previous crimes, or because of some other disability which would render him or her ineligible to lawfully possess a firearm.

“Dispose of” means “to dispose of, give, give away, lease, loan, keep for sale, offer, offer for sale, sell, transfer and otherwise dispose of.” (N.Y. P.L. § 265.00(6)).

A firearm does not need to be loaded for a person to be charged under this law, but the firearm must be “operable.” To be operable, a firearm must be “capable of discharging ammunition,” although previous court cases have established that the possessor of a gun does not need to know if the gun was operable in order to be charged.

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Elements of Criminal Purchase or Disposal of a Weapon

In order for a defendant to be found guilty of a charge of Criminal Purchase or Disposal of a Weapon under N.Y. P.L. § 265.17, a judge or jury must find that a person, beyond a reasonable doubt:

  • Disposed of a firearm, rifle or shotgun on or about a certain date in a specific county;
  • That the defendant did so, knowing that (a specific person) was prohibited by law from possessing a firearm, rifle or shotgun because of a prior conviction or because of some (other) disability which would render him or her ineligible to lawfully possess a (specific weapon) in the state of New York; and
  • The firearm, rifle or shotgun was operable.

N.Y. P.L. §265.17 applies to offenses committed on or after March 16, 2013.

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Penalties for Criminal Purchase or Disposal of a Weapon

The Criminal Purchase or Disposal of a Weapon is a Class D Violent Felony Offense in New York. A Class D violent felony is punishable upon conviction by:

  • Up to seven years in prison, and/or
  • A fine of up to $5,000

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Resources Related to Criminal Purchase or Disposal of a Weapon

New York Penal Law, Part 3, Title P, Article 265.17 — Read the New York State law pertaining to criminal purchase or disposal of weapon.

Jury Instructions for Criminal Purchase or Disposal of a Weapon — Visit the website of the New York State Unified Court System to find the standard criminal jury instructions (CJI) for Penal Law Offenses, including criminal purchase or disposal of a weapon on or after March 16, 2013.

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Attorney for Criminal Purchase or Disposal of a Weapon in New York City

If you were arrested in New York City for Criminal Purchase or Disposal of a Weapon under N.Y. P.L. § 265.17, then contact an experienced criminal defense attorney.

The skilled criminal defense lawyers in New York at Greco Neyland, PC are experienced in defending charges of criminal purchase or disposal of a weapon. Our attorneys will work with you at each stage of the case.

We serve clients throughout the five boroughs of New York City, including Manhattan, Brooklyn, and the Bronx. Contact the dedicated lawyers at Greco Neyland, PC today by calling (212) 951-1300 to schedule a free consultation about your weapon charges.

FAQs

How much time u get for criminal possession of a gun in New York? ›

For first offenders, Criminal Possession of a Weapon in the Fourth Degree (PL 265.01) carries a sentence of up to one year in jail. Criminal Possession of a Weapon in the Third Degree (PL 265.02) carries a mandatory minimum of 2 years in prison and a maximum of 7 years in prison for first offenders.

Can you get probation for a gun charge in NYC? ›

Unlawful possession of a firearm in New York is a felony offense. Someone could face probation or jail time if convicted.

How much is a gun charge in New York? ›

Criminal Possession of a Firearm (P.L. 265.01-b) applies in cases where a person knowingly possesses an operable firearm. This is a class E felony punishable by 1 to 4 years in prison and a fine of up to $5,000.

What is Criminal Possession of a Weapon in New York State? ›

In New York, the offense of Criminal Possession of a Weapon has four degrees. The fourth degree version is a misdemeanor while the others are felonies that could subject you to a mandatory prison sentence. A guilty verdict in any instance can leave you with a criminal record that diminishes your future prospects.

What is the penalty for carrying a gun in NYC? ›

Carrying a concealed weapon without a permit is a class A misdemeanor in New York. Penalties include up to 1 year in jail, three years probation, and a fine of up to $1,000.

What are the penalty for illegal possession of firearms? ›

[(1A) Whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ten years and shall also be liable to fine.

What happens if you get caught with a ghost gun in NY? ›

New Yorkers who possess or sell a ghost gun can now be charged with a felony. The state attorney general's office says gun dealers who don't follow the new rules could face financial penalties or be sent to prison.

Can you carry a gun in your car in New York? ›

It is illegal to carry any loaded firearm in any motor vehicle without a valid New York Permit/License to Carry.

How many bullets can you carry in New York State? ›

The NY SAFE Act prohibits possession of a magazine that has the capacity to hold more than ten (10) rounds of ammunition regardless of when it was manufactured or when it was obtained.

Is it illegal to have a knife in your car in New York? ›

If your knife has a fixed blade less than four inches long, it is perfectly legal to carry it in New York. However, if the knife is a folding knife, balisong or “butterfly knife,” a “gravity knife,” or any form of pilum ballistic, it is illegal to possess on your person in New York.

Is it illegal to have bullets in NY? ›

A person is able to legally possess ammunition with no further questions being asked if they are a licensed firearms dealer or a registered owner of a firearm. It is legal to have ammunition for guns in New York for any gun that they are legally registered to have.

Can I carry a shotgun in my car in New York State? ›

New York generally prohibits the possession of a handgun, short-barreled rifle or shotgun, or assault weapon outside one's home or place of business, except that persons licensed to carry a handgun may do so.

What is a Class C felony in New York? ›

Assault, fraud, types of theft, robbery, larceny and drug distribution are each typically charged as a Class C Felony. This may seem less threatening. If multiple charges are combined, or new evidence is introduced, a Class C Felony can be elevated to a Class B Felony – increasing jail time significantly.

What is class E felony in NY? ›

A class E felony in New York is the lowest felony charge available and usually associated with serious crimes that did not warrant a higher felony charge. When, for example, a DWI or DUI case results in harm being done to a person or structure, a felony could be applied.

Can a felon own a gun in New York? ›

Under federal law and New York State law a person who has been convicted of a felony or has an active order of protection against them is a prohibited person who may not possess a pistol, handgun, rifle or shotgun.

Is it now legal to carry a concealed weapon in NYC? ›

State law continues to require that all individuals wishing to carry or possess a firearm in or through the City obtain a license from the NYPD. The City generally does not honor concealed carry licenses from other states or other parts of New York State.

Do I need to register my guns in NY? ›

REGISTRATION CARD.

It is unlawful to possess firearms in New York City without a possession permit issued by the Police Department. All rifles and shotguns owned by a permit holder must be registered with the Police Department.

Can you own a handgun in NYC? ›

Subject to limited exceptions, possession of a handgun or rifle/shotgun in New York City requires a license (for handguns) or a permit (for rifles/shotguns) issued by the NYPD License Division.

Is a Glock switch illegal? ›

The switch itself is considered a machine gun and is illegal to possess under federal law. There are also extended magazines that hold up to 33 rounds of 9mm ammunition that can make these switches even more dangerous.

What is Rule 10 of Arms Act? ›

Rule 10 of the Arms Rules 2016 provides that "Every applicant applying for a license in Form II, Form III and Form IV; or a rifle club or association or firing range or staff employed by such club, association or firing range, applying for a license in Form V; or a manufacturer or dealer or gunsmith or staff employed ...

Is illegal possession of firearms a crime? ›

Without prejudice to the provisions of Section 28 [b] and [d], certain situations contemplated in Section 28 [e], Section 32, and Section 33 of RA 10591, the crime of illegal possession of firearm is a bailable offense.

What does the NY Safe Act do? ›

The New York State SAFE Act stops criminals and the dangerously mentally ill from buying a gun by requiring universal background checks on gun purchases, increases penalties for people who use illegal guns, mandates life in prison without parole for anyone who murders a first responder, and imposes the toughest assault ...

Is an AR 15 illegal in New York? ›

The state of New York now requires a buyer to be 21 years old before purchasing a semi-automatic rifle such as an AR-15. Previously, an 18-year-old could have purchased similar guns. Democratic Governor Kathy Hochul Monday signed the measure, which was among 10 other gun-related laws.

Can you own a ghost gun in New York? ›

New York State Law

36. Since April 26, 2022, New York State law has expressly prohibited the possession, sale, or offering for sale of ghost guns and “unfinished” or unserialized frames or receivers by or to persons in New York State.

Can you carry an unloaded rifle in your car in New York? ›

York City requires that all guns be unloaded, in a case, and out of sight, even when you are with the vehicle.

Can I shoot a pistol in NY without a permit? ›

Can I shoot a pistol without a permit? New York State law states that you MUST have a valid NEW YORK STATE pistol permit in order shoot handguns in NY.

Who can open carry in NY? ›

Is open carry permitted in New York? Although open carry is not directly mentioned, New York State prohibits any state resident without a NY Pistol License, over the age of 21, from possessing a handgun without a valid license.

Are hollow points illegal in NY? ›

Hollow points are illegal every place except at the place of purchase, your home, the range or hunting. Although the law is so poorly written that expanding bullets like Federal Guard Dog and bullets with the tip filled with polymer like Critical Defense/Duty are legal.

What's the new gun law in New York City? ›

Governor Hochul also announced new permitting and minimum age requirements related to ownership of semiautomatic rifles taking effect Sunday, September 4, 2022. After that date, an individual must be at least 21 years old and have a permit prior to purchasing or taking possession of a semiautomatic rifle.

Is it hard to get a pistol permit in New York? ›

"New York City is one of the most restrictive CCW jurisdictions in the country, and it is very hard to get. On average it takes between six and nine months. It's recommended that one use an attorney who is experienced in the process," Nino Bosaz, the New York-based editorial director of Athlon Outdoors, told Fox News.

What size knife is legal to carry in NY? ›

What Is The Legal Size Of A Knife in NYC? While there is no size restriction in the state, AC 10-133 makes it illegal to carry a knife with a blade that is four inches or longer.

What is legal for self defense in NYC? ›

In New York you can own or possess a long gun, including shotguns and rifles, without requiring a permit or a license. It is also possible to own a pistol in New York State, but to be able to carry this type of gun you will have to obtain a permit for the weapon in order to own it legally.

Is a folding knife legal in NYC? ›

May 30, 2019 Mary Frost

Andrew Cuomo on Thursday signed a bill decriminalizing so-called “gravity knives” in New York. The bill, unanimously passed three times by the state Legislature, legalizes the possession of folding knives of the type sold in hardware stores across the city.

Do you need background check to buy ammo in NY? ›

ALBANY — The changes to New York's gun laws that were passed by the Legislature Friday and signed into law by Gov. Kathy Hochul will require background checks for every ammunition purchase and also mandate that handgun-permit applicants provide the details of their social media accounts dating back three years.

Is it illegal to own ammo in NYC? ›

The unlawful traveling or possession of ammunition in New York is an unclassified misdemeanor which means a person can potentially face up to one year in jail as their maximum penalty.

Can I buy ammo in PA if I live in NY? ›

According to Ridgway-based state police, it is not illegal for Pennsylvania dealers to sell ammunition to New York state residents, but in some cases Pennsylvania dealers have begun refusing to do so as confusion sets in over the law's implications beyond the New York state border.

Do I have to register my AR 15 in New York? ›

New York State Assault Weapon Registration

You are required to recertify your Assault Weapon Registration every five years. If you have successfully submitted your Assault Weapon Registration Recertification, you may check the status of your recertification. Drivers License or Non-driver ID is required to register.

Can you buy a gun out of state NY? ›

It is lawful for New York residents to purchase or obtain rifles or shotguns in a contiguous state and to receive and transport said rifles and shotguns into the state, provided the person is otherwise eligible to possess a rifle or shotgun under New York law.

Can you fly with a gun to New York? ›

Lawful gun owners are allowed to travel with weapons. The Transportation Security Administration (TSA) states that travelers can transport unloaded firearms in checked baggage provided the guns are in a locked, hard-sided container.

Can a felony be reduced to a misdemeanor in New York? ›

First, the court may order that the felony charge is replaced by a district attorney's information or complaint charging the misdemeanor. Second, the court may request that the complaining party's information charging the felony be replaced by an information charging the misdemeanor.

What is the lowest class felony? ›

Class I felonies are the lowest in the class ranking.. This occurs if someone makes a threat to commit a crime that would result in the death, terror, serious injury, or serious physical property damage. However, a person can make a “threat” simply through innuendo and even body language.

What is the smallest felony? ›

A felony 6 is the lowest category of felony and is charged for:
  • Identity theft.
  • Resisting arrest.
  • Illegal gambling.
  • Dealing or manufacturing illegal drugs (although the type of drug and the amount could lead to charges of a higher-level felony)
  • Drug possession, including cocaine, narcotics, and methamphetamine.
19 Mar 2021

How much time do you get for a gun charge in NY? ›

For first offenders, Criminal Possession of a Weapon in the Fourth Degree (PL 265.01) carries a sentence of up to one year in jail. Criminal Possession of a Weapon in the Third Degree (PL 265.02) carries a mandatory minimum of 2 years in prison and a maximum of 7 years in prison for first offenders.

How bad is a Class E felony in NY? ›

A Class E felony charge is considered more serious than a misdemeanor charge, and as such carries a potentially longer jail sentence. While a Class A misdemeanor in New York carries a sentence of up to 364 days, a Class E felony can result in a sentence of between one year and five years.

How long do felonies stay on your record in NY? ›

Felony Records Can be Sealed After Ten Years

Under current New York law, most felonies can be sealed after ten years have elapsed since the sentencing or release from prison (whichever is later). The party seeking to seal the conviction must satisfy certain other conditions: No current pending criminal charges.

How can a felon get his gun rights back in New York? ›

In New York firearm privileges are lost upon conviction of a felony or other “serious offense”. The only way to restore this right is by a pardon, or by a Certificate of Relief from Disabilities or Good Conduct. Firearm rights are effectively restored if restoration language is specifically included in the certificate.

What disqualifies you from a pistol permit in NY? ›

Applicants may be disqualified by past illicit behavior, including misdemeanor convictions for weapons possession and menacing (placing another person in fear of death or serious injury). Applicants who are denied a permit following this process may appeal.

Can felons hunt in NYS? ›

Both New York and federal law prohibit people with felony convictions from owning firearms.

What happens if you get caught with a ghost gun in NY? ›

New Yorkers who possess or sell a ghost gun can now be charged with a felony. The state attorney general's office says gun dealers who don't follow the new rules could face financial penalties or be sent to prison.

Can you carry a gun in your car in New York? ›

It is illegal to carry any loaded firearm in any motor vehicle without a valid New York Permit/License to Carry.

What is class E felony in NY? ›

A class E felony in New York is the lowest felony charge available and usually associated with serious crimes that did not warrant a higher felony charge. When, for example, a DWI or DUI case results in harm being done to a person or structure, a felony could be applied.

Is it illegal to have bullets in NY? ›

A person is able to legally possess ammunition with no further questions being asked if they are a licensed firearms dealer or a registered owner of a firearm. It is legal to have ammunition for guns in New York for any gun that they are legally registered to have.

What does the NY Safe Act do? ›

The New York State SAFE Act stops criminals and the dangerously mentally ill from buying a gun by requiring universal background checks on gun purchases, increases penalties for people who use illegal guns, mandates life in prison without parole for anyone who murders a first responder, and imposes the toughest assault ...

How many rounds can you have in a magazine in New York? ›

The NY SAFE Act prohibits possession of a magazine that has the capacity to hold more than ten (10) rounds of ammunition regardless of when it was manufactured or when it was obtained. It also prohibits possession of a magazine if it is loaded with more than seven (7) rounds of ammunition, unless you are at a range.

Is an AR 15 illegal in New York? ›

The state of New York now requires a buyer to be 21 years old before purchasing a semi-automatic rifle such as an AR-15. Previously, an 18-year-old could have purchased similar guns. Democratic Governor Kathy Hochul Monday signed the measure, which was among 10 other gun-related laws.

Can you keep a gun in your house in New York? ›

Can I possess/carry a handgun in my home without a license? Yes. A concealed carry license is not required for anyone legally entitled to carry a firearm in the person's home or place of business. [NY Penal Law §§ 265.03(3)].

Can I carry a knife in NYC? ›

Is it illegal to carry a knife in public view? New York City law prohibits carrying a knife that can be seen in public, including wearing a knife outside of your clothing. This applies to all knives, even if the blade is not exposed.

Can I carry a loaded shotgun in my car in New York State? ›

New York prohibits the possession of a loaded long gun in or on a motor vehicle, except in certain hunting scenarios.

What is the smallest felony? ›

A felony 6 is the lowest category of felony and is charged for:
  • Identity theft.
  • Resisting arrest.
  • Illegal gambling.
  • Dealing or manufacturing illegal drugs (although the type of drug and the amount could lead to charges of a higher-level felony)
  • Drug possession, including cocaine, narcotics, and methamphetamine.
19 Mar 2021

How bad is a Class E felony in NY? ›

A Class E felony charge is considered more serious than a misdemeanor charge, and as such carries a potentially longer jail sentence. While a Class A misdemeanor in New York carries a sentence of up to 364 days, a Class E felony can result in a sentence of between one year and five years.

What is the lowest class felony? ›

Class I felonies are the lowest in the class ranking.. This occurs if someone makes a threat to commit a crime that would result in the death, terror, serious injury, or serious physical property damage. However, a person can make a “threat” simply through innuendo and even body language.

Are hollow point legal in NY? ›

Hollow points are illegal every place except at the place of purchase, your home, the range or hunting. Although the law is so poorly written that expanding bullets like Federal Guard Dog and bullets with the tip filled with polymer like Critical Defense/Duty are legal.

Can I shoot a pistol in NY without a permit? ›

Can I shoot a pistol without a permit? New York State law states that you MUST have a valid NEW YORK STATE pistol permit in order shoot handguns in NY.

Do you have to lock up guns in NY? ›

A: If anyone under 18 years of age or anyone who is prohibited from possessing a gun resides in the home, all firearms, rifles, and shotguns not in your immediate control must either be secured with a gun locking device (trigger lock or cable lock) that makes them incapable of being fired or securely locked in a safe ...

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