Airport Gun Possession Defense Attorney
Being arrested at the airport for possessing an illegal firearm is a frightening,
embarrassing, and arduous ordeal. It may have started when you tried to
do the right thing and declared your weapon or it could have resulted
during security screening. Then, you will be brought to New York City
Criminal Court for an arraignment. Your arraignment is a critical proceeding
because it is the first time after your arrest that your rights can be
affected. At the arraignment, you may be able to enter a plea, argue for
your release, ask to testify in the grand jury, and gain an early insight
into the prosecution’s case. Bail is often set if you were arrested
for possessing an illegal gun and, if the bail isn’t paid, you could
face months of incarceration while you await trial. If you are convicted
because you pled guilty or lost the trial, you face a minimum sentence
of 3.5 years in state prison.
Airport Gun FAQ's.
Q: Am I in possession if it was in my luggage and not in my hand?
A: Yes. In New York, you can be in possession if it was in your luggage,
the trunk of your car, or otherwise under your control. Several people
can be charged with possessing the same weapon.
Q: If I have a license in another state, can I be arrested for having an illegal
gun in a New York airport?A: Yes. All 50 states honor your drivers license from another state, but this
is not true with firearm licenses. This can be especially frustrating
for service members who carry firearms as a routine part of their job.
Q: How serious is a gun possession case if it's my first arrest?
A: Very serious. Voters in New York are scared about the danger caused by
firearms and this is driven, in part, by the population density of the
New York City metropolitan area. Additionally, New York is a relatively
liberal state that has some of the most difficult laws and procedures
for obtaining a firearm license. District Attorneys in New York City have
a sense of humor about certain types of offenses but illegal firearm possession
is not one of them. The Manhattan District Attorney has been especially
vocal about opposing federal legislation that would force New York to
honor another state's firearm license. With a 3.5 year minimum sentence
for first time offenders, this is a very serious charge that needs to
be taken seriously.
Q: What are is the possible penalty associated with being in possession
of an illegal firearm if I don't have any (serious) criminal history?
A: You are probably charged under P.L. 265.03, criminal possession of a
weapon in the 2nd degree, a
Class C Felony. If convicted:
mandatory. The term
must be in whole or half years between
3.5 and 15 years.
- In addition to imprisonment, you must be sentenced to Post Release Supervision
between 2 and one-half years and 5 years.
domestic violence is a factor, the court may increase the minimum to 4.5 years.
- If you have another pending felony, you must receive consecutive time (the
imprisonment won't start until you finish serving on the other case
fine of up to 5,000
Ifterrorism is alleged or you have a criminal history enhanced sentencing may apply
What can be done? Get the right lawyer. This is because your last and best chance at avoiding
a lengthy prison sentence comes down to how things go in court. They found
a gun on me and guns are illegal so case closed? Not at all. A skilled
attorney can explore important defenses that you may not have been aware
of by reviewing the circumstances that the gun was found, any statements
you made, by demanding a ballistics report, and otherwise examining every
detail of the case against you. An attorney is also your only advocate.
The police officer who arrested you, the prosecutor, and even the judge
may want to send you to jail for lots of different reasons. Maybe they
just want to do their job as they understand it or want to send a message.
Worse, the law actually forces them to give you a minimum of 3.5 years
if convicted. Your attorney will be the only person on your side and who
is fighting to keep you out of prison.
Lance Fletcher, a former Manhattan prosecutor and experienced NYC weapon
defense attorney, has over 15 years of experience in New York City courts.
He can consult with you about your firearm possession charge and discuss
ways to attack the police search, any confession they are claiming you
made, and question the connection between you and the alleged firearm.
Lance Fletcher is prepared to fight for the best outcome to your case.
In some situations, this means filing for a dismissal or negotiating with
the prosecutor to avoid trial and avoid other severe consequences. Lance
Fletcher has successfully defended clients arrested for possessing firearms,
ammunition, knifes, and other weapons at New York City airports such as
JFK and La Guardia. Please contact us today for a case evaluation.