212-300-5196

Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Spodek
Law in the Media

View All

Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Can I Own a Gun If I Have a Criminal Record in New York City?

Can I Own a Gun If I Have a Criminal Record in New York City?

Owning a gun is a constitutional right for law-abiding citizens in the United States. However, having a criminal record can restrict that right in many places, including New York City.

New York Gun Laws for People With Criminal Records

New York has some of the strictest gun laws in the country. The state bans people with certain criminal convictions from possessing any kind of firearm. This includes rifles, handguns, and assault weapons.

According to discussions on Reddit, New York Penal Code § 400 makes it a felony for a person convicted of a felony or serious offense to possess any firearm. This is a lifetime ban.

The law also prohibits people convicted of certain misdemeanors from owning a gun for 5 years after the conviction. These misdemeanors include:

  • Assault 3rd degree
  • Criminal possession of a weapon 4th degree
  • Criminal mischief 2nd degree
  • Endangering the welfare of a child
  • Menacing 2nd degree

In New York City, the restrictions are even tighter. According to NYC Administrative Code § 10-303, a person is prohibited from possessing a rifle or shotgun if they have been convicted of any felony or misdemeanor crime.

Exceptions

There are a few exceptions that allow some people with criminal records to legally own guns in New York:

  1. The conviction was sealed, expunged, or pardoned
  2. The person received a Certificate of Good Conduct from a parole board
  3. The conviction was for a federal offense that would not qualify as a felony or misdemeanor under New York law

However, according to discussions on Avvo, New York rarely grants relief for gun ownership to people with a criminal history. The exceptions are very narrowly applied.

Consequences of Illegal Gun Possession

Under Penal Code § 265, illegally possessing a firearm is a Class E felony in New York. This charge comes with:

  • Up to 4 years in state prison
  • Fines up to $5,000
  • Possible federal charges

The mandatory minimum sentence is 2-7 years if the illegally possessed gun meets the definition of an assault weapon.

Police in New York City actively look for illegal guns as part of their public safety mission. According to FindLaw, the NYPD seizes several thousand illegal guns off the streets each year.

Restoring Gun Ownership Rights

It is possible for convicted felons and the mentally ill to restore their gun rights in New York, but the process is extremely challenging. According to New York Criminal Lawyer, the applicant essentially needs a miracle to meet the strict legal standards.

Here are the basic steps to restore gun ownership rights in New York after a disabling conviction:

  1. Receive a Certificate of Relief from Disabilities from a court
  2. Apply for a federal pardon and restoration of civil rights from the parole board
  3. Get the felony conviction(s) vacated or overturned
  4. Apply to the FBI and ATF for restored gun ownership privileges

This process often takes 5+ years and costs tens of thousands of dollars in legal fees. Even then, success is very unlikely. Essentially the applicant needs to undo the original conviction.

Very few people with a past criminal conviction are ever legally able to own guns again in New York. The lifetime ban is almost impossible to overcome.

Final Thoughts

New York has strict laws prohibiting gun ownership by convicted criminals. The bans imposed are essentially lifelong in most cases. Attempting to purchase or possess firearms after a felony or disabling misdemeanor conviction typically results in new felony charges.

However, there is an avenue to restore gun ownership rights in NY after a conviction. It is extremely difficult and rarely works, but possible in limited circumstances.

Anyone with a criminal record interested in owning guns again should consult with a criminal defense lawyer to understand their options. The laws are complex and the penalties are severe.

Free Consultation

Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196

get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005

212-300-5196

get directions

QUEENS

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196

get directions

BROOKLYN

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196

get directions
Call Now!