Author Archives: Paul Tsenesidis

Does the “place of business” exception of possession of a firearm cover all employees?

Under Penal Law § 265.03, it is a Class C violent felony to possess an unlicensed firearm. However, New York’s Legislature crafted an exception for the possession of an unlicensed firearm in an individual’s home or “place of business;” if the exception applies, the offense becomes a misdemeanor. In People v. Wallace (Ct. App. 5/8/2018) (Feinman, J.) (6-1-0) the Court of Appeals held that lower courts should read the “place of business” exception narrowly. Accordingly, the court explained that this exception does not protect any employee who is caught with an unlicensed firearm while at work, rather it only protects those “who have a greater interest in protection of their premises, principal control over said premises, and a strong tie to the continued safety and security of their establishment and the goods and services they offer.”

This case stems from an incident where an assistant manager of a McDonalds in Buffalo shot himself in the leg after a gun in his pocket discharged. Upon arrest, the defendant was charged with CPW 2º.  Continue reading