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Charged with Weapon Possession?
New York Weapon Possession Defense Lawyers
If you are facing a weapon possession or gun possession charge in New York, you need an experienced criminal defense lawyer on your side immediately. New York has some of the toughest firearm laws in the nation, and even well-intentioned individuals, especially visitors from out of state, can find themselves facing serious criminal consequences.
Ignorance of the law is not a defense, meaning, if you legally possess and own a firearm outside New York, but travel or move into New York, that possession may very well be illegal. The type of firearm, whether it’s more than one, and even what County you are found in play major factors in how you may be charged.
Penalties and Legal Consequences for Weapon Possession in New York
To legally possess or carry a pistol in New York, you must be over age 21 and hold a valid New York State pistol permit. ‘Long guns’ such as shotguns and rifles do not require a permit but are still subject to background checks and certain convictions make you ineligible.
The state’s firearm laws are far more restrictive than those in many other parts of the country. The NY SAFE Act, passed in 2013, mandates universal background checks for all gun purchases, enhances penalties for illegal possession, and restricts certain types of weapons and magazines. Additionally, New York’s Red Flag Law (2019) authorizes courts to prohibit individuals deemed a danger to themselves or others from purchasing or possessing firearms.
Even if you legally own and possess a firearm out of state, bringing it to New York can violate the above laws, and New York authorizes prison sentences for such possession. This is even if you never use it or threaten to do so.
Consequences of Criminal Possession of a Weapon
Weapon possession charges in New York are often felonies, and penalties depend on the type of weapon, whether the firearm was loaded, the location of the arrest, and your criminal history. A conviction may result in mandatory prison time, probation, fines, loss of firearm rights, immigration consequences, and a permanent criminal record. If you are under investigation or have been arrested for criminal weapon possession, time is critical. Speak with an experienced defense attorney at LaMarche Safranko Law today. We are here to guide you, protect you, and help you through every step of the legal process.
FAQs About Weapon Possession
If you have been charged with criminal possession of a weapon, there are four different degrees you could be charged with. Click here to learn more.
You can legally purchase different parts of a firearm, but if you put them together to create a gun, you could be charged with criminal possession of a weapon and up to 15 years in prison.
Weapon:
- A pistol or revolver
- A short shotgun (barrel under 18 inches)
- A short rifle (barrel under 16 inches)
- A rifle or shotgun cut down to be less than 26 inches long
- An assault weapon
- Old “antique” guns are usually excluded
- Silencer
- A device that muffles or quiets a gunshot.
- Antique Firearm
- An old gun that uses outdated firing systems like flintlock or percussion caps and isn’t designed to use modern bullets.
- Major Gun Part
- Important pieces like the barrel, frame, slide, or receiver.
- Switchblade Knife
- A knife that opens automatically when you press a button.
- Gravity Knife
- A knife whose blade drops or flicks open by gravity or wrist motion.
- Ballistic Knife
- A knife that shoots its blade from the handle.
- Metal Knuckle Knife
- Combines brass knuckles with a knife blade.
- Undetectable Knife
- A knife made so it can’t be found by metal detectors.
- Machine Gun
- Fires many bullets automatically with one trigger pull.
- Armor-Piercing Ammunition
- Bullets designed to go through bulletproof vests.
- Disguised Gun
- A gun hidden to look like something else (like a phone or cane).
If you, your child or a loved one brings a weapon to school they could be charged with criminal possession of a weapon on school grounds or unlawful possession of a weapon on school grounds. Click here to learn more.
If you’ve been charged with criminal use of a firearm in New York, you’re facing one of the most serious weapon-related offenses under state law. If you have been charged with criminal use of a firearm, here are the two degrees that you could be charged with.
Criminal use of a firearm in the second degree
https://www.nysenate.gov/legislation/laws/PEN/265.08
Criminal use of a firearm in the second degree is a class C felony according to New York Penal code 265.08. You are guilty of this charge:
- If you possess a deadly weapon that is loaded and readily capable of producing death or other serious injury
- If you display a pistol, revolver, rifle, shotgun, machine gun or other firearm.
If you are charged with criminal use of a firearm in the second degree, you could face a fine and a minimum of 3.5 years in prison with a maximum of 15 years.
Criminal use of a firearm in the first degree
https://www.nysenate.gov/legislation/laws/PEN/265.09
Criminal use of a firearm in the first degree is a class B felony according to New York Penal code 265.09. You are guilty of this charge:
- If you commit any class b violent felony offense and you either possess a deadly weapon that is loaded and readily capable of killing or seriously injuring someone or displaying a pistol, revolver, rifle, shotgun, machine gun or other firearm.
If you are charged with criminal use of a firearm in the first degree, you could face an additional five years to the other sentence you are convicted of. In certain cases, you will not be eligible for release on parole or a conditional release.
A conviction for any degree of weapon possession can lead to jail time, fines, probation, and a permanent criminal record
If you are charged with criminal sale of a firearm, click here to learn about the three degrees that you could be charged with.
If you were to cross into New York State with a firearm, you could potentially face legal consequences if you do not comply with New York’s firearm laws. New York has some of the most restrictive firearm laws in the United States, particularly regarding handguns. If you bring a firearm into New York and do not obtain a license to possess the firearm, you could potentially face serious criminal charges. Click here to learn more.
If you were traveling through New York and found yourself facing criminal charges for transporting a firearm, you’re not alone and you’re not without options. New York has some of the strictest laws in the country, and even law-abiding gun owners from out of state can be arrested and charged simply for driving through the state with a firearm in their vehicle.
Unlike many other states, New York does not recognize out-of-state pistol permits or concealed carry licenses. If you’re traveling with a firearm even if you’re driving from one gun-friendly state to another you can still be charged with a felony or misdemeanor just for having a weapon in your car.
When transporting firearms through New York State, it is crucial to follow strict guidelines to avoid potential legal issues.
- Unloaded and Secure: Firearms must be unloaded during transportation, meaning there should be no rounds in the chamber or magazine. The firearm should be stored in a locked container separate from ammunition. The trunk of your vehicle is generally the safest place to transport firearms.
- Traveling with Long Guns: Long guns, such as rifles and shotguns, may be transported without a license, if they are unloaded and securely stored during transit. Also, if you have a conviction for what New York defines as a “serious offense” you may not be allowed to legally possess these firearms here. Be sure to speak with a lawyer first if you have any out-of-state convictions, even minor ones.
- Assault Weapons: New York has specific restrictions on assault weapons, and possession of such firearms may be prohibited or require additional permits. It is crucial to review the laws pertaining to assault weapons before traveling with them in New York State.
- Ammunition Restrictions: While transporting firearms, ensure that you comply with the restrictions on the quantity of ammunition you can carry. New York law limits the amount of ammunition for certain firearms.
No, under federal law, a handgun cannot be sold directly to a non‑resident by an out‑of‑state dealer. If you attempt to buy a pistol in another state, the seller must transfer it through a Federal Firearms Licensee (FFL) in New York.
@lawyergeorge Can I Legally Purchase A Pistol In Another State And Brig It Back To New York? #criminal #lawyer #lawtiktok #newyork
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