NYC Firearm Attorney

Facing a firearm charge in New York can take its toll. The state’s strict laws and complex legal system often leave individuals uncertain about their gun ownership rights and potential consequences that go from fines to imprisonment. As the prosecution builds its case, the possibility of a permanent criminal record grows more and more every day.

The attorneys at The Law Offices of Mehdi Essmidi are dedicated to building strategic defenses for our clients. We offer aggressive representation to pursue the best possible outcome. Contact us today for a free consultation.

New York State Gun Laws

New York has strict gun laws. The Penal Law 265 details the laws surrounding gun possession, sale, transfer, and manufacturing.

It’s important to note that New York City and New York State have different laws, and gun owners’ licenses issued outside of New York State are not valid in New York City. NYC does not automatically recognize even New York State permits.

While rifles and shotguns generally do not require registration at the state level, New York City administrative code does require registration and permits for rifles and shotguns. 

The city bans certain firearms based on the New York SAFE Act, such as restrictions on rifles with specific features, and handguns are restricted based on licensing and magazine capacity.

Weapons Laws 

Degrees of Firearm Criminal Possession

Fourth Degree (§ 265.01): Fourth degree criminal possession involves possessing specific prohibited items, such as firearms, electronic stun guns, switchblade knives, or metal knuckles. This is a Class A misdemeanor, carrying a penalty of up to 1 year in jail.

Third Degree (§ 265.02): Applies to individuals with prior convictions found possessing a firearm, or those possessing three or more firearms, a defaced firearm, a disguised gun, or an assault weapon. This is a Class D felony, punishable by up to 7 years in prison.

Second Degree (§ 265.03): Applies to possessing five or more firearms, or possessing any loaded firearm outside one’s home or business. This is a Class C felony, with sentences varying from 3.5 to 15 years in prison.

First Degree (§ 265.04): Involves possessing ten or more firearms. This is a Class B felony, carrying a sentence of 5 to 25 years in prison.

Given the heavy penalties associated with weapon possession in New York, it’s essential to consult a qualified criminal defense attorney immediately if facing such charges.

Unlawful Possession of Weapons by Persons Under Sixteen

In New York, the law prohibits minors from possessing any firearms, including rifles, shotguns, or any other deadly weapons, without appropriate supervision or authorization.

Penalties for minors found in violation of these laws can vary, but they often include mandatory interventions such as juvenile detention, community service, or participation in rehabilitation programs. Parents or guardians may also face legal repercussions if found to have negligently allowed a minor to gain access to a weapon.

Unlawful possession of a weapon upon school grounds

Unlawful possession of a weapon on school grounds is prohibited under New York Penal Law § 265.01-a. No person may possess a firearm, rifle, or shotgun on school grounds or in a school building without written authorization from the educational institution.

Violations of this statute are classified as a Class E felony, which can result in probation, fines, or 1.5 to 4 years of imprisonment and a permanent criminal record.

Criminal Use of a Firearm in New York

In New York, the criminal use of a firearm is a grave offense outlined in Penal Law §§ 265.08 and 265.09, encompassing two distinct degrees:

Second Degree (§ 265.08): This charge applies when an individual commits a class C violent felony offense while possessing a loaded deadly weapon or displaying what appears to be a firearm. Classified as a Class C felony, it carries a potential sentence of up to 15 years in prison.

First Degree (§ 265.09): This charge involves committing a class B violent felony offense while possessing a loaded deadly weapon or displaying what appears to be a firearm. As a Class B felony, it is punishable by up to 25 years in prison.

Criminal Sale of a Firearm in New York

The criminal sale of firearms is a serious offense under New York Penal Law §§ 265.11–265.14, involving the unauthorized sale, exchange, or disposal of firearms. The offenses are categorized as follows:

Third Degree (§ 265.11): This offense happens when an individual unlawfully sells, exchanges, gives, or disposes of a firearm to another person, or possesses a firearm with the intent to sell it, without proper authorization. It is classified as a Class D felony, carrying a potential sentence of up to 7 years in prison.

Second Degree (§ 265.12): This involves unlawfully selling, giving, exchanging, or disposing of five or more firearms in the course of a year. It is a Class C felony, punishable by up to 15 years in prison.

First Degree (§ 265.13): This offense relates to unlawfully giving, exchanging, selling, or disposing of ten or more firearms in the course of a year. It is designated as a Class B felony, with penalties ranging up to 25 years in prison.

Criminal Sale of a Firearm with the Aid of a Minor (§ 265.14): This crime takes place when an individual over eighteen years old solicits, requests, or intentionally aids a person under sixteen to unlawfully sell, exchange, give, or dispose of a firearm. It is a Class C felony, carrying a potential sentence of up to 15 years in prison.

Manufacture, Transport, Disposition, and Defacement of Weapons and Dangerous Instruments and Appliances in New York

New York Penal Law § 265.10 addresses offenses related to the manufacture, transport, disposition, and defacement of weapons and dangerous instruments. Key provisions include:

Manufacture (§ 265.10(1)): Producing or causing the production of machine guns, assault weapons, large capacity ammunition feeding devices, or disguised guns is classified as a Class D felony. Manufacturing devices designed to accelerate the firing rate of firearms, known as rapid-fire modification devices, constitutes a Class E felony.

Transport (§ 265.10(2)): Shipping or moving machine guns, firearm silencers, assault weapons, large capacity ammunition feeding devices, disguised guns, or transporting five or more firearms as merchandise is a Class D felony. Transporting rapid-fire modification devices is a Class E felony. Moving other firearms or specified weapons as merchandise without proper authorization is a Class A misdemeanor.

Disposition (§ 265.10(3)): Illegally transferring machine guns, assault weapons, large capacity ammunition feeding devices, or firearm silencers is a Class D felony. Disposing of rapid-fire modification devices unlawfully is a Class E felony. Knowingly receiving, disposing of, or concealing a defaced machine gun, firearm, large capacity ammunition feeding device, rifle, or shotgun to conceal its identity or prevent crime detection is also a Class D felony.

Defacement (§ 265.10(6)): Intentionally altering or destroying the serial number or any other identification mark on a machine gun, large capacity ammunition feeding device, or firearm is a Class D felony.

Common Defenses Against Weapons Charges

Facing a weapons charge can be overwhelming, but being charged does not mean you will be convicted. Several legal defenses may be available, depending on the specifics of your case:

Unlawful Search and Seizure: If law enforcement violated your Fourth Amendment rights—such as conducting a search without a valid warrant or probable cause—evidence obtained may be suppressed.

Lack of Possession or Knowledge: If the weapon was found in a shared location (such as a vehicle or home) and the prosecution cannot prove actual or constructive possession, this may serve as a defense.

Intent Not Established (Where Applicable): Certain charges, such as Criminal Use of a Firearm (§ 265.08), require proof of intent. If there is no evidence that you intended to use the weapon unlawfully, this may be a viable defense.

Legal Authorization or License: While a valid New York firearm license can serve as a defense, out-of-state permits generally do not provide immunity from prosecution under New York’s firearm laws.

Every case is unique and requires a strategic approach. A skilled weapons charge attorney can counsel you on the best legal options depending on your circumstances.

Contact Our New York Criminal Defense Attorney

Facing a weapons charge in New York is serious. The consequences of a conviction can be life-changing, affecting your freedom, your future, and your reputation. But remember, being charged does not mean you are guilty. You have rights, and one of the most important is the right to an attorney who will fight for you.

We know the system, and we know how to build a defense that seeks to protect your rights and secure the best possible outcome for your case.

As a former New York City Prosecutor, attorney Mehdi Essmidi uses his inside knowledge of the prosecution’s tactics to anticipate their strategies and counter them effectively. Contact us today for a free consultation.

FAQ

What are common gun crimes in New York?

Gun crimes in New York range from criminal possession of a firearm (a Class E felony) to criminal possession of a weapon in the first degree (a Class B felony). Common offenses include:

• Criminal possession of a weapon in the second degree (NY Penal Law § 265.03) 
• Criminal possession of a weapon in the first degree (NY Penal Law § 265.13) 
• Possession of a firearm during a violent crime 

What should I do if I am charged with criminal possession of a firearm in New York?

If you are charged with criminal possession of a firearm in New York, consult an experienced attorney immediately. New York has strict gun laws, and penalties for possessing an unlicensed or prohibited firearm can be severe.

A weapons charge can carry serious long-term consequences, including a felony record and loss of gun rights. A skilled attorney can help you explore potential defenses and legal options.

What are the penalties for gun crimes in New York?

The penalties for gun crimes in New York can result in mandatory prison sentences for both first-time offenders and those with extensive criminal histories. For instance, a Class B felony can result in imprisonment for up to 25 years.

What are the New York concealed carry laws?

It is illegal to carry a concealed firearm without a permit in New York, and even with a permit, there are regulations regarding where and when you can carry a firearm. Notably, New York does not recognize reciprocity with other states’ gun laws, meaning that a concealed carry permit from another state is not valid in New York.

Do I need a lawyer if I receive a desk appearance ticket (DAT) for a weapons charge?

Yes. A DAT does not mean the charge is minor—it simply allows you to remain out of custody until your court date. Weapons charges in New York can carry felony penalties, even with a DAT. A New York criminal defense attorney can help with the legal process.

What are my gun rights in New York City?

While NYC previously issued concealed carry permits only in rare cases, the 2022 U.S. Supreme Court ruling in NYSRPA v. Bruen struck down discretionary ‘proper cause’ requirements. NYC must now issue permits to qualified applicants, though new laws have restricted firearm carry in many public areas, making it difficult for gun owners to carry in the city.