New York Criminal Possession of a Weapon in the Second Degree (NY Penal Law 265.03)

In New York, criminal possession of a weapon in the second degree is a serious felony. New York is notorious for strict gun laws. And prosecutors will push for the harshest penalties for cases which involve criminal possession of a weapon.

The Most Common Weapon Offenses Under New York Penal Law Section 265.03

The most common weapon offenses under New York Penal Law Section 265.03 include:

Carrying a Loaded Gun With the Intent to Use

An individual may be charged with criminal possession in the second degree if he or she possesses a loaded gun with the intent to use the weapon in an unlawful manner against another individual. The “intent to use” is a complex area under New York law. There is more to this law than an individual pointing a gun (with the safety off) at another individual. Jury members are allowed to assume certain inferences based off circumstances surrounding the incident. Which is used to determine the individual’s state of mind when the gun was on his or her possession and if an intent to use was present.

If an individual is arrested during an illegal drug transaction, and the jury found the individual had a gun on his or her possession, the law permits the jury to infer that since the individual took a loaded gun to the transaction, he or she intended to use the weapon unlawfully against another individual.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

After a traffic stop in Manhattan, police searched your vehicle and found a loaded 9mm handgun under the driver's seat. You have no prior criminal record and no valid New York pistol permit, and the officer informed you that you're being charged with criminal possession of a weapon in the second degree.

What am I facing for having a loaded firearm in my car without a permit in New York?

Attorney's Answer

Criminal possession of a weapon in the second degree under NY Penal Law § 265.03 is a Class C violent felony carrying a mandatory minimum sentence of 3.5 years and up to 15 years in state prison. Because New York treats possession of any loaded firearm outside your home or place of business without a valid license as a violent felony, prosecutors have very little discretion to offer reduced charges. However, a skilled defense attorney can challenge the legality of the traffic stop and the subsequent search, argue lack of knowledge that the weapon was present, or negotiate for a plea to criminal possession of a weapon in the third degree under Penal Law § 265.02, which is a non-violent Class D felony with more favorable sentencing options. Given the severity of these charges, it is critical that you exercise your right to remain silent and retain experienced counsel immediately.

This is general information only. Contact us for advice specific to your situation.

An individual which has been charged with possession of a loaded gun with intent to use it should contact an experienced New York criminal defense attorney who understands firearm laws in New York.

Loaded Gun Outside of a Home or Place of Business