Charged with Possession of a Gun or Firearm in New York?

Get a Top Defense Lawyer on your Side!

New York’s gun and weapon crimes are among the Nation’s toughest. Most gun crimes, even the simple possession of concealed handgun, carry jail time. Even in situations where you defend yourself, you may be charged with possession of a firearm if you have no license to carry that weapon.

There are two separate charges that fall under New York state gun laws: Criminal Possession of a Weapon, and Criminal Use of a Firearm.

If you are charged with a gun or weapon crime, even if you think you had a right to carry that particular weapon, contact us to talk about your case. Our experienced New York criminal defense attorneys will help you figure out your options to defend you against these serious charges. Call (888) 435-4744 now for a consultation.

Don’t wait. Gun charges are treated very seriously here in NY, and good legal advice and aggressive defense representation can be the difference between jail time and a dismissal.

Possession of a Weapon/Gun in NY – Laws & Penalties

You can be charged for unlawful, Criminal possession of a Weapon, in cases where you do not have a legal right or are properly licensed to carry or possess a gun or weapon.

Criminal use of a Firearm involves possessing, displaying, brandishing, or using a gun or firearm while you are committing a crime.

Criminal Possession of a Weapon in New York State

Criminal Possession of a Weapon in the First Degree – 265.04

In order to prove that an individual is guilty of Criminal Possession of a Weapon in the First Degree, it must be established that the person:

(1) possesses any explosives substance with intent to use them unlawfully against the person or property of another; or
(2) possesses ten or more firearms.

Criminal Possession of a Weapon in the First (1st) Degree is a B Violent Felony charge.

Criminal Possession of a Weapon in the Second Degree – 265.03

In order to prove that an individual is guilty of Criminal Possession of a Weapon in the Second Degree, it must be established that the person:

(1) with intent to use the weapon(s) unlawfully against another person:

(a) possesses a machine-gun;

(b) possesses a loaded firearm;

(c) possesses a disguised gun; or
(2) possesses five or more firearms; or
(3) possesses any loaded firearm (unless the possession takes place in such person’s home or place of business.)

Criminal Possession of a Weapon in the Second 2nd Degree is aC Violent Felony

Criminal Possession of a Weapon in the Third Degree – 265.02

In order to prove that an individual is Guilty of Criminal Possession of a Weapon in the Third Degree, it must be established that the person:

(1) commits the crime of Criminal Possession of a Weapon in the Fourth Degree as and has been previously convicted of any crime;
(2) possesses any explosive, bomb, silencer, machine-gun;
(3) knowingly possesses a machine-gun, firearm, rifle or shotgun which has been defaced for the purpose of concealment or prevention; or
(5) (i) possesses three or more firearms; or
(ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined within the past five years and the possession did not take place in the person’s home or place of business;
(6) knowingly possesses any disguised gun;
(7) possesses an assault weapon; or
(8) possesses a large capacity ammunition feeding device.

Criminal Possession of a Weapon in the 3rd Third Degree is a D Violent Felony

Criminal Possession of a Weapon in the Fourth Degree – 265.01

In order to prove that an individual is Guilty of Criminal Possession of a Weapon in the Fourth Degree, it must be established that the person:

(1) possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star”;
(2) possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the weapon unlawfully against another person;
(3) knowingly possesses a rifle, shotgun or firearm in or upon a building or grounds, used for educational purposes,
(4) possesses a rifle or shotgun and has been convicted of a felony or serious offense; or
(5) possesses any dangerous or deadly weapon and is not a citizen of the United States; or
(6) is a person who has been certified not suitable to possess a rifle or shotgun, and refuses to yield possession of such rifle or shotgun upon the demand of a police officer.
(7) knowingly possesses a bullet containing an explosive substance designed to detonate upon impact.
(8) possesses any armor piercing ammunition with intent to use it unlawfully against another.

Criminal Possession of a Weapon in the Fourth Degree  is an A Misdemeanor Charge

Criminal Use of Firearm in New York

Criminal Use of a Firearm in the First Degree – 265.09

In order to prove that an individual is guilty of Criminal Use of a Firearm in the First Degree, it must be established that the individual:

(1) commits any class B violent felony offense, and either:

(a) possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or

(b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.

Criminal Use of a Firearm in the First Degree is a B Violent Felonycharge.

Criminal Use of a Firearm in the Second Degree – 265.08

(1) commits any class C violent felony offense, and either:

(a) possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or

(b) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.

Criminal Use of a Firearm in the Second 2nd Degree is classified as a C Violent Felony charge.

Free Legal Consultation on New York Gun Possession Charges

Call us immediately to talk about your gun or firearms possession charges or related New York state criminal offenses.

With charges this serious, you need an experienced defense attorney on your side as soon as possible to make sure you have every legal defense. Talk to us for free to find out how we can help you. Call (888) 435-4744 now or contact us via email.

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