New York Firearm Lawyers - Weapon Charges in NY

Challenging Gun Offenses in Nassau County & Suffolk County

Barket Epstein Kearon Aldea & LoTurco, LLP is a renowned and respected law firm that can deliver the level of legal counsel you need in the face of weapon or firearm charges. Our partners and attorneys are recognized thought leaders in the legal field and have over 200 years of combined experience in the fields of criminal defense, civil rights violations, and litigation at both the state and federal level. Our multi-faceted approach to legal counsel is based on our attorneys’ diverse professional backgrounds as former prosecutors and judges, educators, Supreme Court litigators, and appellate attorneys.

For a free, confidential review of your case, call our New York weapon charges lawyers at (888) 779-0267. We serve Nassau and Suffolk Counties, as well as the entire tri-state area.

Illegally Possession of a Firearm or Weapon in New York

The crime of illegal possession of a firearm is set out in Article 265 of the New York Penal Code. Formerly a misdemeanor, the crime was amended to make it a felony to knowingly possess a firearm without a proper license in 2013. There are several factors that could aggravate the crime of illegal possession of a firearm, and if you are in New York City you need an additional city permit for the weapon.

Some of the most serious charges in the state of New York, and particularly in New York City, involve the illegal possession of firearms and weapons. The penalties associated with these charges are severe and have lasting consequences. Without a defense attorney who has significant experience in defending against charges for illegal possession of a firearm or weapon, you may be facing extensive fines and imprisonment.

"Knowingly Possessed Firearm" Law in NY

To be charged with illegally possessing a firearm, the prosecution must show that you knowingly possessed a firearm.

New York law applies the following definitions for illegal possession of a firearm:

• Knowingly – The individual is aware that the firearm is in his or her possession.
• Possessed – The individual has actual or constructive control over the firearm.
• Firearm – A broad range of weapons are covered under the state’s definition of a firearm.

In addition to the illegal possession of a firearm, New York law provides for several charges for illegal possession of a weapon. The list of weapons covered under New York is extensive, including daggers, ballistic knives, gravity knives, and other “weapons.”

To be convicted of the crime of illegal possession of a firearm, you must be found to have knowingly possessed the firearm. Case law has specified that it is no defense to having the firearm safely stowed away. If you have actual or constructive control over it, you will be deemed in possession. If convicted of the crime of illegal possession of a firearm, you could face between one and four years in prison and fines of up to $5,000.

Illegal Discharge Of A Firearm

Related to the crime of illegal possession of a firearm is that of illegal discharge of a firearm. Under New York Penal Code Article 265, Section 265.35, it is unlawful to willfully discharge a loaded firearm at a plane or other aircraft, a train, or any type of vehicle. It is a crime to discharge the weapon at these objects, even if no one is endangered. It is further illegal to discharge your weapon in any public place where a person is endangered.

Discharging your weapon at a vehicle, plane, or train and endangering another person is considered a Class D felony which may result in two to seven years in prison. If no one is injured, it is a Class E felony, punishable by between 1.5 to four years in prison.

Defending Clients from the Hudson to the Hamptons

In addition to handling cases involving firearm or weapon possession, our New York gun charges attorneys offer skilled counsel related to weapons trafficking, the use of a firearm in the commission of a crime (robbery, aggravated assault, etc.), unlawful sale of firearms, and all other state and federal weapon-related charges. We work with a team of experts in various fields, allowing us to develop strategic defenses aimed at achieving a favorable outcome for each unique case.

Contact our New York firearm and weapon charges lawyers online or at (888) 779-0267.