New York Weapons Charges Attorney

Are you facing a weapons charge in New York? You may be wondering what penalties you could face if convicted, how this might affect your life, and what your next steps should be.

New York has strict weapons laws. Penalties for weapons charges can go from fines to prison time and a criminal record. But you don’t have to face this alone.

As a former New York City Prosecutor, attorney Mehdi Essmidi has a close understanding of the legal system and the strategies prosecutors use in weapons cases. He uses this to build strong defenses for his clients. Contact us today for a free consultation.

Weapons Laws and Penalties

New York’s weapons laws cover everything from gun crimes and knife offenses to carrying weapons at airports and possessing prohibited items like brass knuckles.

Each weapon type and its associated charge carries specific penalties, from misdemeanors to felonies, with corresponding fines and prison sentences. Violating these laws can have serious consequences.

Gun Crimes

New York gun laws are some of the most aggressively prosecuted crimes. Possessing an unlicensed firearm in New York is typically a Class E felony, punishable by up to 4 years in prison. However, if the firearm is loaded and found outside one’s home or place of business, it becomes a Class C violent felony, with sentences ranging from a mandatory minimum of 3.5 years to a maximum of 15 years. If the firearm is loaded, penalties can be even more severe.

Additional factors such as prior criminal history, the location where the weapon was possessed, and whether the weapon was used in the commission of another crime can further enhance penalties.

Common gun charges in New York include:

• Criminal possession of a weapon
• Criminal use of a firearm
• Criminal sale of a firearm
• Unlawful possession of ammunition

New York has a zero-tolerance policy for illegal gun possession. Here’s a breakdown of the most common gun crimes:

Handguns: Possession of a loaded handgun without a permit is a felony in New York. If convicted, you could face up to 15 years in prison.

Concealed Carry: Following a 2022 Supreme Court decision, New York transitioned to a ‘shall issue’ state, requiring authorities to provide concealed carry permits to applicants who meet all legal criteria. However, many gun free zones make it difficult to carry in New York.

Rifles and Shotguns: While New York’s laws are less strict for rifles and shotguns than handguns, illegal possession or use of these weapons can still result in criminal charges.

Assault Weapons: New York has a ban on assault weapons. Possession, sale, or use of these weapons can lead to harsh penalties, including long-term imprisonment.

NY SAFE ACT Requirements

The NY SAFE Act requires gun owners to renew handgun permits every five years and report lost or stolen firearms within 24 hours. Possession of three or more firearms can lead to a Class D felony charge, carrying significant prison time.

Federal penalties can be even harsher. The stakes are high, making a New York Weapons Charge Attorney essential in these cases.

Knife Crimes

New York law prohibits the possession of certain types of knives, including:

• Switchblades
• Pilum ballistic knives
• Metal knuckle knives
• Cane swords
• Throwing stars

Even common folding knives can sometimes lead to criminal charges if they can be opened with a flick of the wrist, depending on how law enforcement interprets the law. Our attorneys understand the technical definitions in New York’s knife laws and have successfully defended clients against improper knife possession charges.

Weapons at Airports

NY Airport laws regarding weapons are particularly strict. Unlawfully carrying a weapon into an airport can lead to serious state and federal charges.

Even if you have a permit for your weapon, failing to properly declare and package it for a flight can result in criminal charges. If you’ve been arrested for a weapons violation at an airport, you need experienced legal representation right away.

Brass Knuckles, Stun Guns, and Other Prohibited Weapons

New York law prohibits the possession of various weapons beyond firearms, including brass knuckles, metal knuckle knives, cane swords, chuka sticks (nunchaku), Kung Fu stars (shurikens), wrist-brace type slingshots, and electronic dart guns.

Possession of these items is typically charged as a Class A misdemeanor (Criminal Possession of a Weapon in the Fourth Degree), punishable by up to one year in jail. Even if you didn’t intend to use the weapon unlawfully, you could still face charges for simply possessing it.

Firearm Trafficking & Straw Purchases

Firearm trafficking and straw purchases are serious offenses in New York. A straw purchase takes place when someone legally able to purchase a firearm does so intending to give it to someone not legally allowed to possess one.

Recent legislative changes have increased the penalties for straw purchasing. Under the Bipartisan Safer Communities Act of 2022, individuals convicted of straw purchasing can face up to 15 years in prison, and if the firearm is intended for use in a felony, terrorism, or drug trafficking, the sentence can be up to 25 years.

Firearm trafficking is a Class B felony that involves the illegal sale, delivery, or transfer of firearms. If you’re caught trafficking firearms in New York, you could face both state and federal charges, with penalties of up to 25 years in prison under NY penal law and potential federal penalties of up to 20 years.

Domestic Violence & Weapons Charges

Domestic violence cases often involve weapons charges. In domestic violence cases, the involvement of a weapon—whether used, brandished, or unlawfully possessed—can result in additional charges and enhanced penalties.

If you’re facing domestic violence charges and there was a weapon involved, you need a criminal defense attorney. New York courts take these cases seriously. A conviction can result in long-term imprisonment, fines, and a criminal record.

Violent Crimes Involving Weapons

In New York, using or unlawfully possessing a weapon during the commission of a violent crime, such as robbery, assault, or homicide, can significantly enhance the penalties you face

The stakes are high in these cases. But with an experienced attorney on your side, you can fight these charges and work towards the best possible outcome.

Weapons Enhancements for Other Crimes

In New York, unlawfully possessing a weapon during the commission of another crime can lead to enhanced charges and penalties.

For example, if you’re charged with burglary and were found carrying a loaded firearm without proper authorization, you could face additional charges for Criminal Possession of a Weapon, which may significantly increase the severity of potential penalties.

That’s why it’s crucial to have an experienced attorney who understands New York’s weapons laws and how they apply to your case.

Contact us for a free consultation

Facing a weapons charge in New York can be overwhelming. But remember, a charge is not a conviction. You have rights, and we’re here to protect them.

Contact The Law Offices of Mehdi Essmidi today for a free consultation so we can discuss how we can help you fight your charges. Don’t face this alone — let us put our experience and knowledge to work for you.