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 the 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 City Specific Rules

New York Penal Law § 265 covers the possession, sale, transfer, and manufacture of firearms. New York City and New York State have different rules, and gun owners’ licenses issued outside of New York City are not valid in the five boroughs. Not even NYS licenses are valid in NYC.

While rifles and shotguns generally do not require registration at the state level, the 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.

Firearm Offenses Under New York Law

Criminal Use of a Firearm

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

Criminal Use of a Firearm in the 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.

Criminal Use of a Firearm in the 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

Under New York Penal Law §§ 265.11–265.14, these charges cover the unauthorized sale, exchange, or disposal of firearms. The offenses are categorized as follows:

Criminal Sale of a Firearm in the Third Degree (§ 265.11): This offense happens when a person who is not authorized to possess a firearm unlawfully sells, exchanges, gives, or disposes of a firearm to another person, or possesses a firearm with the intent to sell it. It is classified as a Class D felony, carrying a potential sentence of up to 7 years in prison.

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

Criminal Sale of a Firearm in the First Degree (§ 265.13): This offense applies when a person unlawfully sells, exchanges, gives, or disposes of ten or more firearms, or sells three or more firearms within a single year. It is a Class B felony, with penalties of up to 25 years in prison. 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.

NY SAFE Act Requirements

The NY SAFE Act requires gun owners to renew handgun licenses 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 with real prison time. Federal penalties can be even steeper. If you are facing federal gun charges, talk to a New York firearm attorney.

Firearm Trafficking & Straw Purchases

Firearm trafficking and straw purchases are serious offenses in New York. A straw purchase takes place when someone buys a firearm on behalf of another person who is either legally prohibited from possessing one or who intends to use it in connection with a crime.

Recent 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 New York Penal Law and potential federal penalties of up to 15 years under 18 USC § 933.

How to Get a Gun Charge Dismissed in NYC

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 firearm 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 require the prosecution to prove intent to commit a violent felony offense while possessing or displaying a firearm. If the prosecution cannot establish intent for the underlying offense, the firearm charge fails as well. If there is no evidence that you intended to use the firearm 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 licenses generally do not provide immunity from prosecution under New York’s firearm laws.

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

Contact Our New York Firearm Defense Attorney

NYC is one of the most difficult places to navigate gun laws. The city’s specific license requirements and long list of sensitive locations mean that many licensed gun owners from other boroughs and states get in trouble in the city. Whether this is your case or you were charged with manufacturing or trafficking firearms, 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 protects your rights and secures 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. Contact us today for a free consultation.

FAQ

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 lead to 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 a sentence of up to 25 years’ imprisonment.

What are New York’s concealed carry laws?

It is illegal to carry a concealed firearm without a license in New York, and even with a license, 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.

What are my gun rights in New York City?

While NYC previously issued concealed carry licenses 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 licenses 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.

Can I be charged with criminal possession of a weapon if the gun was in my vehicle?

Yes. Under New York State Penal Law, having a loaded firearm in your vehicle without a valid pistol permit is treated the same as carrying it on your person. Prosecutors don’t need to prove you intended to use it. Criminal possession of a weapon in the second degree is a Class C felony, which can mean up to 15 years in prison.

How does a prior criminal history affect firearm charges in New York?

A criminal history raises the stakes on nearly every gun charge in New York. Prior felony or serious misdemeanor convictions can trigger mandatory minimum sentences and eliminate plea options that might otherwise be available. A previous conviction for a violent crime can also turn what would be a Class D felony into a Class C, and it will almost certainly block any future firearms license or pistol permit application.