Firearms Possession Lawyer New York, NY
An arrest for illegal firearm possession in New York City can alter your life in an instant. Whether the charge involves a loaded handgun, a so‑called “assault weapon,” or a licensing technicality under New York Penal Law Article 265, the case moves fast — typically to an arraignment at Manhattan’s 60 Centre Street or the borough Criminal Court. For many New York residents, a felony gun charge means not only potential prison time but also the threat of a permanent criminal record that can affect employment, housing, and immigration status. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys concentrate on defending individuals facing firearms‑possession charges in New York, NY and across the state. Call (888) 437-7747 to schedule a consultation.
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What Firearms Possession Means in New York, NY
New York State has some of the strictest gun‑control laws in the United States, and New York City imposes its own additional regulations. A firearms possession charge is typically prosecuted under New York Penal Law Article 265, which criminalizes possessing, carrying, or transporting a firearm without a valid license. In New York City, a person generally needs a city‑issued permit to possess a handgun, and most long‑gun ownership is heavily restricted. Even possessing a loaded firearm outside of one’s home or fixed place of business can result in a Class C violent felony — an offense that carries a maximum prison term of up to 15 years. Other common firearm charges range from a Class A misdemeanor (up to one year in jail) for lesser violations to a Class B felony (up to 25 years) for the most serious weapon‑possession offenses.
Firearm cases in New York City are adjudicated in the borough Supreme Courts for felony matters and the New York City Criminal Courts for misdemeanors. For example, a felony gun indictment in Manhattan will be heard at the New York County Supreme Court, while a misdemeanor docket may be handled at the NYC Criminal Court — Manhattan. The same structural division applies in Brooklyn, Queens, the Bronx, and Staten Island. New York’s bail reforms, enacted in 2020, eliminated cash bail for most misdemeanors and non‑violent felonies; however, bail may still be set in cases involving violent felonies, including many firearm charges. Because the procedural landscape varies by borough, working with a lawyer who understands the local court culture and the prosecutors who handle these cases can be important.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearms Possession Cases
Every firearms possession defense begins with a careful review of the facts that led to the arrest. Mr. Sris and the firm’s Of Counsel attorneys examine the legality of the stop, the search that uncovered the weapon, and the chain of custody of the evidence. In many New York gun cases, a motion to suppress evidence can be the single most powerful tool — if the police acted without reasonable suspicion or a valid warrant, the firearm may be excluded, and the prosecution’s case can weaken significantly.
Beyond constitutional challenges, the firm explores every available avenue for a favorable resolution. Depending on the circumstances, this may mean negotiating with the district attorney’s office to reduce a felony firearm charge to a misdemeanor, seeking an Adjournment in Contemplation of Dismissal (ACD) for a first‑offense charge, or preparing for trial when the evidence demands it. Throughout the process, Mr. Sris and the firm’s Of Counsel attorneys keep the client informed about the likely timelines, the strengths and weaknesses of the government’s case, and what to expect at each court appearance. To discuss your situation, call (888) 437-7747.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he has practiced criminal defense since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring extensive experience to firearm‑possession defense, working together to build a thorough defense for every client. The firm’s New York, NY location serves clients throughout all five boroughs and the surrounding counties. Call (888) 437-7747 to request a consultation.
Frequently Asked Questions
Do I need a license to possess a firearm in New York City?
Yes. New York City generally requires a permit to possess any handgun, and the city imposes its own licensing rules in addition to state law. Possessing a firearm without a valid license can lead to misdemeanor or felony charges under New York Penal Law Article 265. The type of charge depends on factors such as whether the weapon was loaded, whether it was possessed outside the home, and the prior record of the accused. Consulting with an experienced attorney can help you understand the specific licensing requirements that apply to your situation.
What are the penalties for illegal gun possession in New York?
Illegal gun possession in New York is punishable by a range of sentences, from a Class A misdemeanor (up to one year in jail) to a Class B violent felony (up to 25 years in prison). For example, a first‑offense possession of a loaded firearm outside the home is typically a Class C violent felony, which carries a maximum of 15 years. The actual penalty imposed depends on the specific charge, the defendant’s criminal history, and any mitigating factors. An experienced attorney can work to seek reduced charges or alternative dispositions.
What should I do if I am arrested for a firearms charge in Manhattan?
If you are arrested for a firearms charge in Manhattan, remain silent, do not consent to any searches, and ask to speak with an attorney before answering questions. Anything you say to law enforcement can be used against you in court. After arrest, you will be taken to the local precinct and later brought before a judge for arraignment, typically within 24 hours. Contacting a criminal defense lawyer as soon as possible allows timely review of the charges and early intervention that may affect bail or the direction of the case.
Can a firearms possession conviction be removed from my record in New York?
In some circumstances, a firearms possession conviction may be eligible for sealing under New York’s conditional sealing statute (CPL § 160.59). Generally, sealing is available for certain qualifying felony and misdemeanor convictions after a waiting period of 10 years following the completion of the sentence. Certain violent felonies, including many firearm‑related offenses, may be excluded. An attorney can evaluate whether your specific conviction falls within the statutory criteria for record relief.
How does the SAFE Act affect gun possession cases in New York City?
The New York Secure Ammunition and Firearms Enforcement (SAFE) Act of 2013 tightened restrictions on assault weapons, high‑capacity magazines, and ammunition sales, and its provisions are actively enforced in New York City. The Act expanded the definition of “assault weapon” and required registration of certain previously owned firearms. Violations of SAFE Act provisions can result in felony charges. Because federal and local laws also apply, a gun charge in New York often involves multiple overlapping legal frameworks.
Do I need a lawyer for a firearm possession charge in Brooklyn or Queens?
Yes. A firearm possession charge — whether in Brooklyn, Queens, or any other borough — carries potential incarceration and a permanent criminal record; legal representation is critical from the outset. Each borough’s Criminal and Supreme Courts operate with distinct procedural nuances, and the assigned prosecutors and judges may differ. An attorney familiar with the local court practices and the relevant sections of New York Penal Law can build a defense tailored to the specific facts and jurisdiction. Call (888) 437-7747 to schedule a consultation about your case.
New York City firearm defense across the boroughs:
Manhattan criminal defense attorney ·
Brooklyn criminal defense attorney ·
Queens criminal defense attorney ·
Staten Island criminal defense attorney ·
Nassau County criminal defense attorney
Official New York legal resources:
New York Penal Law ·
New York County Supreme Court ·
New York State Unified Court System
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