Gun Possession Lawyer New York, NY

You were walking through Lower Manhattan when police officers stopped you and discovered a firearm in your bag. Now you face criminal weapon possession charges in New York City—charges that can carry prison time, fines, and a lasting criminal record. Whether the allegation involves unlawful carry, possession of a loaded firearm, or possession by a person with a prior conviction, the consequences are often severe. The New York Penal Law treats gun offenses seriously, and the district attorney’s office in each borough prosecutes them actively. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys represent individuals confronting criminal firearm allegations in New York. Reach our firm at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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Defense Strategy Options for New York Gun Possession Cases

When Mr. Sris and the firm’s Of Counsel attorneys take on a gun possession case in New York, the first step is evaluating every angle of the arrest. Some of the most common paths pursued in these cases involve challenging the legality of the stop or search, examining whether the police had probable cause, or questioning how evidence was collected and preserved. If a weapon was recovered without a warrant or outside the parameters of a valid exception, a motion to suppress the evidence can be filed. New York courts, including the New York County Supreme Court at 60 Centre Street, closely scrutinize police conduct in weapon cases, and a successful suppression motion can sometimes lead to a dismissal or substantially reduced exposure.

Other strategies center on the specific firearm classification and the accused’s status. The New York Penal Law distinguishes between various types of weapons and the licensing or permit requirements that apply. For example, a person licensed to carry a concealed weapon in another state may still face charges in New York if the firearm is not recognized under New York’s strict licensing framework. The firm’s approach involves a detailed review of the arrest report, the weapon’s registration and chain-of-custody documentation, and the client’s background. The goal is to identify factual or legal weaknesses in the prosecution’s case, whether through contested hearings, negotiated dispositions, or trial if the circumstances warrant it.

What to Expect When You Face Gun Possession Charges in New York City

The process typically begins with an arraignment in the local Criminal Court—depending on the borough, this may be the New York County Criminal Court in Manhattan, the Kings County Criminal Court in Brooklyn, the Queens County Criminal Court, or the Richmond County Criminal Court on Staten Island. At arraignment, the judge will set release conditions. New York’s bail reform laws have eliminated cash bail for many misdemeanor and non-violent felony charges, but certain gun offenses can still result in bail or other pretrial restrictions. Having an experienced attorney present at this early stage can influence the release decision and the direction of the case.

After arraignment, the case proceeds through discovery and motion practice. The prosecution must disclose the evidence it plans to use, including lab reports on the firearm, witness statements, and any video footage. Mr. Sris and the firm’s Of Counsel attorneys will examine this material for inconsistencies and procedural errors. For felony weapon charges, the case may be presented to a grand jury for indictment and then transferred to the New York Supreme Court’s Criminal Term. Trial dates are set by the court’s calendar, and the timeline depends on the complexity of the case and the court’s schedule. Throughout, the firm keeps clients informed and advises on the practical implications of each step—including the potential long-term effects on employment, housing, and immigration status for noncitizens.

Penalty Overview for New York Gun Possession Offenses

Gun possession offenses in New York are classified by the type of firearm, the circumstances of possession, and the defendant’s prior record. A violation-level offense for possession of an air pistol or imitation weapon may result in a fine, while a class A misdemeanor for criminal possession of a weapon in the fourth degree—such as possessing a loaded firearm outside one’s home or business without a license—can lead to up to one year in jail. More serious felony charges range from class E to class B violent felonies. For instance, criminal possession of a weapon in the second degree, a class C violent felony, covers possession of a loaded firearm with intent to use it unlawfully or possession by a person convicted of a serious offense. A class B violent felony, such as criminal possession of a weapon in the first degree, can carry a sentence of up to 25 years in state prison. The penalty range depends on the specific charge and any applicable sentencing enhancements, including whether the defendant is a predicate felon. For guidance on the particular allegations you face, contact our firm to learn how Mr. Sris and the firm’s Of Counsel attorneys can help.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor. He founded the firm in 1997 and is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience includes handling serious criminal matters across multiple state and federal court systems.

The firm’s Of Counsel attorneys bring extensive combined legal experience to criminal defense. Results may vary. In New York, Mr. Sris and the firm’s Of Counsel attorneys represent clients at the New York State Supreme Court and NYC Criminal Court in Manhattan, Brooklyn, Queens, and Staten Island, as well as at federal courts in the Eastern and Southern Districts of New York. They draw on decades of collective courtroom experience to build well-prepared defense strategies for each individual case.

Frequently Asked Questions

What are the common gun possession charges in New York City?

Common gun possession charges in New York City include criminal possession of a weapon in the fourth degree (misdemeanor), second degree (class C felony), and first degree (class B felony). The specific charge depends on factors such as whether the firearm was loaded, whether it was possessed outside the home or business, whether the person had a prior conviction, and whether the weapon was used in the commission of another crime. Penalties range from jail time to decades in prison.

Can gun possession charges be dismissed in New York?

Yes, gun possession charges in New York can be dismissed if the prosecution’s evidence is legally insufficient or if a motion to suppress the weapon is granted. A dismissal may occur when an attorney demonstrates that the police conducted an unlawful stop or search, that the firearm was not in the defendant’s actual or constructive possession, or that forensic testing fails to link the weapon to the accused. Dismissal is not guaranteed, but a thorough review of the arrest and evidence is critical.

Does New York recognize out-of-state concealed carry permits?

New York does not generally recognize out-of-state concealed carry permits; a person carrying a firearm in New York based on another state’s permit can still face criminal charges. New York’s firearm licensing requirements are strict, and possession of a handgun without a New York-issued permit is typically a felony. Travelers passing through New York should be aware of these restrictions, as they can result in serious weapon-possession allegations.

How does New York’s bail reform affect gun possession cases?

New York’s 2020 bail reform eliminated cash bail for many misdemeanors and non-violent felonies, but certain gun possession offenses remain bail-eligible. For violent felony charges, including weapon possession in the first or second degree, a judge may set bail or order pretrial detention. The specific release conditions depend on the charge, the defendant’s background, and whether the court finds a risk of flight or danger to the community.

What is constructive possession, and why does it matter in a gun case?

Constructive possession means the firearm was not found on the person but in an area under the defendant’s control, such as a car or a bag. The prosecution must prove the defendant knew about the weapon and had the ability and intent to exercise dominion over it. Proximity alone is often insufficient. An attorney may challenge constructive possession by showing that others had access to the area or that the defendant was unaware of the firearm’s presence.

Should I speak to the police if I am arrested for gun possession?

No. You should not speak to the police about the facts of your case without an attorney present; anything you say can be used against you in court. Politely state that you wish to remain silent and ask to speak with a lawyer. Do not discuss the incident, offer explanations, or consent to searches. Once you have an attorney, they can handle all communications with law enforcement and prosecutors.

How do I find a gun possession lawyer in New York, NY?

You can find a gun possession lawyer by contacting Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Mr. Sris and the firm’s Of Counsel attorneys represent clients facing firearm charges in New York City courts, including those at 60 Centre Street in Manhattan and other borough courthouses. A direct call is often the quickest way to get guidance on your case.

Do I need a lawyer for a gun possession charge in New York?

Yes. Gun possession charges in New York can have life-altering consequences, including prison time, a permanent criminal record, and deportation for noncitizens. An experienced attorney can evaluate the strength of the prosecution’s case, file motions to challenge the evidence, negotiate with the district attorney, and advocate for alternatives such as diversion or reduced charges. Representing yourself is exceptionally risky in any criminal matter, but especially in weapon-possession cases where the penalties are severe.

For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.

Last reviewed: July 2026

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Attorney advertising. Prior results do not guarantee a similar outcome.

Case results depend on a variety of factors unique to each case.

Attorney responsible for this advertising: Mr. Sris.

Results may vary.