People v. Selyukov

OPINION OF THE COURT

David Otis Fuller, Jr., J.

*670The defendant is charged with criminal possession of a weapon in the fourth degree in violation of Penal Law § 265.01, a class A misdemeanor, for allegedly possessing a Bersa .380 calibre semi-automatic firearm in the trunk of his car on March 31, 2007 in the Village of Tuckahoe.

He has moved to dismiss the charge on the ground that his possession of the firearm in New York was lawful under 18 USC § 926A despite New York’s requirement of a permit.

18 USC § 926A reads as follows:

“Interstate transportation of firearms “Notwithstanding any other…