In what circumstances will a defendant be prosecuted for possessing a firearm without a license?

In People v. Serrano, 71 A.D.2d 258, 259, 422 N.Y.S.2d 672 (1979), affd. 52 N.Y.2d 936, 437 N.Y.S.2d 669, 419 N.E.2d 347 (1981), the court held that felony weapons possession charges would not lie where the charge concerned "possession of a pistol or revolver by a person to whom a license therefor has been issued." (P.L. 265.20, subd. a, par. 3.) In that case, the defendant had a "premises" license for the particular weapon in question and felony prosecution would not lie even though the defendant violated the terms of his license by possessing the weapon outside of his place of business.

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