ChiefsPlanet - Football Buccaneers DE Da'Quan Bowers arrested

He's screwed. I doubt he had a permit to carry a concealed weapon. Enjoy a mandatory minimum sentence of 3.5 years in Rikers. Wave bye, bye.

Excerpt New York Post: NFL lineman busted with loaded pistol at JFK

Quote:

Da’Quan Bowers - a second-year defensive end for the Tampa bay Buccaneers - was arrested at 11 a.m. at a US Air ticket counter as he was about to board a plane for North Carolina.

Sources believe Bowers arrived in New York with the gun on Friday, and was carrying the piece and a clip with eight rounds in a carry-on bag.

“The two of them were in the same bag, under the law it’s considered a loaded gun,” the source said.

The former Clemson All-American was charged with second-degree criminal possession of a weapon and was awaiting arraignment.

http://www.nypost.com/p/news/local/q...tjHbVlOXn4Jx9M

Criminal Possession of a Weapon in the Second Degree – NY PL 265.03(3)

Quote:

There are few charges less forgiving and more aggressively enforced than Criminal Possession of a Weapon in the Second Degree pursuant to New York Penal Law 265.03 (CPW 2). This crime is ruthless in its application and the potential impact is devastating. The law is very clear. If you are convicted of this offense there is a mandatory minimum sentence of 3.5 year in prison and a maximum term of 15 years in prison. What compounds this matter is that this sentence is applicable for those with no previous record. In fact, even if you have a permit out of state, if you possess that firearm in New York without a permit here (see New York Airport Gun and Criminal Possession of a Weapon), you will still be charged with this offense.

A person is guilty of Criminal Possession of a Weapon in the Second Degree pursuant to New York Penal Law 265.03(3) when that person possesses a loaded firearm (pistol, revolver, handgun, etc.) outside his or her home or place of business without a permit regardless of what the intent was. If that was not clear enough, if you possess your duly licensed pistol from Maine, Texas or New Jersey in New York without a license in this state and it is loaded, you are going to be charged with this offense. What makes matters worse is that under the laws of New York, "loaded" does not mean a clip in the gun or a bullet in the cylinder. If the firearm is capable of being loaded and the bullets are in the case with the gun or even in your pocket, you can still potentially be charged with this offense. Unfortunately, ignorance of the law in New York is no defense. Whether you are properly checking the firearm at LaGuardia or JFK Airports in Queens or have it anywhere else in New York, possessing that firearm will land you in state prison without an assertive and compelling defense.

http://www.new-york-lawyers.org/lawy...y-1580412.html

New York Penal - Article 265 - § 265.03 Criminal Possession of a Weapon in the Second Degree
http://law.onecle.com/new-york/penal...03_265.03.html