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Fact check: False claim about mandatory minimum for New York gun crimes

The claim: A new law in New York says a person with prior felony gun charges will face a minimum of 15 years behind bars

As gun violence continues to foster debate in the lead-up to the 2022 midterm elections, some social media users claim New York recently passed a gun law establishing new penalties for repeat offenders.

"New law passed. Mandatory min 15 yrs w/ prior felony gun charges," reads text in a Facebook post shared April 30.

The post generated over 1,000 shares in less than a week. Similar posts have spread widely on Facebook.

But the claim is false.

New York hasn't passed any law with such stringent minimum penalties. Experts told USA TODAY penalties for gun offenses in the state vary depending on the nature of the offense, the degree of the charge and the defendant's criminal history.

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USA TODAY reached out to social media users who shared the claim for comment.

No such law recently passed

The claim is baseless, Julie Rendelman, a criminal defense attorney in New York, told USA TODAY. The purported law is not found in any recent news reports or the New York State Senate's webpage featuring new legislation passed into law.

New York does have laws in place against improper handling of weapons like firearms, Rendelman said. Such legislation is found in article 265 of chapter 40 of the state's penal code.

It is unclear when exactly the latest changes were implemented, but they have been around since before 2014, David Cohen, vice president of the New York State Bar Association, told USA TODAY.

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The minimum and maximum time behind bars depends on the nature of the offense, the specific charge and degree of which a person is convicted and past criminal history, according to Rendelman.

For example, if a person is convicted of a class C felony of criminal possession of a weapon in the second degree – the possession of a firearm intended for unlawful use or handling five or more firearms – and they have no prior felonies, they would face a mandatory minimum sentence of 3.5 years in prison and a maximum sentence of 15 years, according to New York law.

If that person had a prior non-violent felony conviction, the mandatory minimum would increase to 5 years. If they had a prior violent felony conviction, the mandatory minimum would be 7 years, under New York law. The maximum length would stay the same – 15 years.

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The mandatory minimum and maximum time incarcerated are different for someone who was convicted of that same charge under the first degree, third degree or fourth degree, or if they were convicted of another charge altogether, according to Rendelman.

Our rating: False

Based on our research, we rate FALSE the claim that a new law in New York says a person with prior felony gun charges will face a minimum of 15 years behind bars. No such law passed in New York recently. The minimum and maximum jail time depends on the nature of the offense, the degree of the charge and the defendant's past criminal history.

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This article originally appeared on USA TODAY: Fact check: False claim on mandatory minimum for New York gun crimes