Review by | Joseph P. Tartaro | Executive Editor
NEW YORK ASSAULT WEAPON LAW, by Jerold E. Levine. ©2017. Published by LawTech Publications, 5 Sunrise Plaza, Suite 102, Valley Stream, NY 11580; phone: 212-482-8830. Loose leaf bound, 418 pages, with B&W illustrations. $44.95, including tax and shipping.
Jerry Levine, the author of this book, is an attorney in New York City who has specialized in firearms law and consulted with national and state firearms organizations for almost 30 years. His full understanding of the peculiarities of not only New York State firearms laws, but federal laws as well, has guided him in countless successful defense cases.
During his years of practice he has learned that defendants, defense lawyers and prosecutors rarely have sufficient knowledge of the related laws and a thorough knowledge of the firearms. What makes a particular gun an ”assault weapon” and what makes another not an “assault weapon” under the federal and state statutes is critically important to the outcome of particular case. That knowledge can make a huge difference.
In this book, Levine tries to educate lawyers for the defense and the prosecution on the laws, particularly the vagaries of New York law in order to level the courtroom playing field. It is not perhaps a book for every gunowner, but if you live in New York and own, or plan to own firearms in the state, it is important that you know the book exists, even if it is shared jointly by the members of a shooting club. If you are an attorney practicing defense law in New York State, ownership and a careful reading of the book, can make a big difference in the way you prepare for your cases. It is an educational tool you may have reason to refer to over and over again. And it does not stop with parsing New York State law; it also deals with the municipal gun laws of New York City, Albany, Buffalo and Rochester.
The book is divided into six chapters and many subdivisions, details in a comprehensive table of contents. Chapter 1 presents a basic history about the development of “assault weapons” laws, and contains a well-illustrated primer on guns and ammunition.
Chapter 2 includes the annotated text of current New York State assault weapons statutes, as texts of earlier related state and federal laws without annotation, with details explanations of the changes in the laws over time, while Chapter 3 provides and annotated presentation of the current law. And Chapter 4 provides an annotated presentation of the current state law as passed, including the changes made under Gov. Andrew Cuomo, ostensibly in response to the Sandy Hook elementary school shooting in December 2012.
Chapter 5 is an annotated presentation of selected state penal law crimes and exemptions. Not all crimes applicable to “assault weapons” including exemptions are detailed, only those most likely to result in assault-weapons related charges. Also presented is a particular federal travel exemption.
Chapter 6 is an annotated presentation of the local New York, Albany, Buffalo and Rochester codes dealing with “assault-weapons.”
The detailed table of contents provides the reader a handy reference guide to the specific sections dealing with a particular subject, so it is a handy tool for specific details that can make the difference in winning or losing a particular criminal prosecution.
Commonly, when a person is actually charged under the “assault weapons” laws, he or she faces not just one charge but a battery of charges, which collectively can add up to 20 or 30 years in prison on sentencing. Having an attorney who fully understands the laws involved can make an enormous difference for the accused, and ignorance of the law usually doesn’t serve as a useful defense. Having a lawyer who is truly conversant with the law is critical.
It might be smart to ask any attorney you might engage whether or not he has read up on New York State Assault Weapons Law.
