New York City Gun Possession Defense Attorney

"A well regulated militia being necessary to the security of a Evaluation state, the right of the people to keep and bear arms shall not be infringed."

- 2nd Amendment to the U.S. Constitution

In some states, possessing a firearm is not against the law. In the state of New York, harsh penalties apply if you are found in possession of a firearm. Whether this is fair in light of the 2nd Amendment is being argued nationally but until things change, New York State laws against possessing an unlicensed firearm are enforced and convictions are upheld. Unlike your drivers license, an out-of-state firearm license isn't recognized in New York. This often leads to the arrest and prosecution of unsuspecting visitors or transplants caught with an illegal firearm at a tourist attraction such as the Statue of Liberty, Empire State Building, or while driving through or at the airport. Criminal possession of a weapon in the second degree, P.L. 265.03, is commonly charged when someone is arrested with an illegal firearm.

Under P.L. 265.03, it is a class C violent felony if you posses

  • Any loaded firearm outside of your home or place of business
  • 5 or more firearms
  • A machine gun, loaded firearm, or disguised gun with intent to use unlawfully against another

First Offense Penalties can include

  • A minimum of 3.5 years in New York State prison
  • A maximum of 15 years in New York State prison
  • Fines of up to $5,000

If you or a loved-one has been arrested for gun possession in New York City, things can move quickly. The first court appearance, called the arraignment, can happen within hours of the arrest and bail can be set which means that you can’t go home unless and until someone bails you out. From there, the district attorneys throughout New York City aggressively pursue a conviction. Even if this is your first arrest and no one was hurt, you face a mandatory minimum jail sentence of three and a half years in state prison. Steps taken immediately after your arrest may help unlock hidden defenses and ways to plead your case in a way designed to get the charges dismissed or reduced. How the weapon was found, whether you had a lawyer present during any questioning, and the general circumstances surrounding your possession and the kind of life you lead could help you fight back. Contact us for a case evaluation.

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