Desk Appearance Tickets for Criminal Possession of a Weapon (Penal Law § 265.01) at New York City Airports

In New York City, airports such as John F. Kennedy (JFK) and LaGuardia are high-security zones where strict regulations govern the possession of weapons. Individuals found carrying weapons in these areas can face serious legal consequences, including the issuance of a Desk Appearance Ticket (DAT) for violations under Penal Law § 265.01.

Understanding Penal Law § 265.01

Penal Law § 265.01 addresses the criminal possession of a weapon in the fourth degree, a Class A misdemeanor in New York State. This statute criminalizes the possession of various weapons, including firearms, switchblades, brass knuckles, and batons, in locations where such possession is prohibited. Notably, airports are considered restricted locations under this law, making the unauthorized possession of a weapon in these areas a criminal offense .

Desk Appearance Tickets (DATs): An Overview

A Desk Appearance Ticket (DAT) is a legal instrument used by law enforcement in New York City to allow individuals charged with certain offenses to avoid immediate detention. Instead of being taken to central booking, individuals issued a DAT are required to appear in court at a later date. This process is typically applied to misdemeanor offenses and certain felony charges, provided specific criteria are met .

DATs in Airport Weapon Possession Cases

At airports like JFK and LaGuardia, law enforcement agencies, including the Port Authority Police Department, actively enforce laws related to weapon possession. Individuals found carrying prohibited items, whether knowingly or unknowingly, may be issued a DAT. Common items leading to such charges include:

  *   Firearms: Even unloaded firearms can lead to serious charges.
  *   Knives: Switchblades and other prohibited knives are frequently confiscated.
  *   Batons and Brass Knuckles: These items are often found in carry-on luggage.
  *   Ammunition: Possession of ammunition without a firearm is also a violation.

In many instances, individuals may not be aware that possessing such items is illegal in New York City, especially if they are legally permitted to carry them in other jurisdictions. Regardless of intent or awareness, possession of these items in restricted locations like airports can result in criminal charges .

Eligibility for a DAT

Not all individuals arrested for weapon possession in airports are eligible for a DAT. Factors influencing eligibility include:

  *   Severity of the Offense: Felony charges may preclude DAT issuance.
  *   Prior Criminal History: Individuals with open warrants or a history of failing to appear in court may not qualify.
  *   Cooperation: Willingness to provide accurate contact information is essential.
  *   Nature of the Incident: Cases involving domestic violence or the need for immediate medical or mental health care may be exceptions .

Legal Consequences and Defense

Receiving a DAT does not diminish the seriousness of the charge. A Class A misdemeanor conviction under Penal Law § 265.01 can result in up to one year in jail and a permanent criminal record. It’s crucial for individuals facing such charges to consult with an experienced criminal defense attorney promptly.

Potential defenses may include:

  *   Lack of Knowledge: Unawareness of possessing a prohibited item.
  *   Improper Search: Violation of search protocols by law enforcement.
  *   Mistaken Identity: Incorrect identification of an item as a weapon.

An attorney can assess the specifics of the case and determine the most appropriate defense strategy.

Conclusion

Possessing a weapon in a New York City airport is a serious offense under Penal Law § 265.01. While a Desk Appearance Ticket may offer a more immediate release from custody, it does not lessen the potential legal consequences. Individuals charged with weapon possession in airports should seek legal counsel to navigate the complexities of the legal system and protect their rights.

Matthew Galluzzo is a former New York City prosecutor who has successfully represented dozens of people arrested for weapons possession at New York City airports. Those weapons have included firearms, knives, batons, brass knuckles, nunchukus, throwing stars, ammunition, and many other dangerous items. Many of those clients have been foreign citizens and out-of-town residents or students, and he has frequently been able to defend those clients without them having to appear personally in court. If you or a loved one have been issued a Desk Appearance Ticket (DAT) for Penal Law 265.01 in Queens criminal court stemming from an incident at a NYC airport, you should strongly consider contacting Mr. Galluzzo to discuss his legal services.