Brooklyn Gun Possession Lawyer

Your Right to Possess a Gun

As a general rule, individuals are allowed to possess guns per the Second Amendment to the Constitution. However, there are scenarios in which a person is not allowed to own a weapon or allowed to be in possession of certain types of weapons. Let’s look at what the law has to say about your right to possess a gun and how an attorney can help with a gun possession charge.

Restrictions on Assault Weapons

Under the SAFE Act, New York residents are not allowed to own assault weapons except for those that they had before the ban went into effect. Furthermore, those in New York City will need to show that there is a need to carry a concealed weapon prior to obtaining a permit to do so. Other restrictions may apply in a gun possession case, and your attorney can advise you of your rights as the legal process unfolds.

Traveling with a Gun in New York City

If you plan to travel in New York City with your gun, make sure that it is not loaded. Otherwise, you could be charged with violating gun laws in Brooklyn and throughout New York City. If you have a permit for the weapon that was not issued in New York City, it may not be valid within the city itself. However, your attorney may use the Firearm Owners Protection Act (FOPA) as a defense to any charge you may face.

Prohibited Use of Guns in Committing Crimes

Even if you have a right to own a weapon, you don’t have the right to use it to break the law. This is true whether or not the gun was used to commit the crime in question. For example, pointing a gun at a driver prior to taking his or her vehicle could result in an extra charge. A gun possession charge could also be added in cases where the gun wasn’t removed from a holster or otherwise used to threaten a person. An attorney may be able to argue that you didn’t know that you had the gun or that there was no intent to use it to commit a crime.

Potential Penalties for Gun Possession Conviction

There are many possible penalties that a person could face for a gun possession conviction. The severity of a sentence depends primarily on whether the charge is a misdemeanor or a felony.

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

You were pulled over for a broken taillight in Brooklyn and the officer spotted a licensed handgun in your glove compartment. Despite having a valid out-of-state carry permit from Pennsylvania, you were arrested and charged with criminal possession of a weapon under New York Penal Law § 265.03.

Can I really be charged with a felony in New York for carrying a gun that's legally registered in another state?

Attorney's Answer

New York does not recognize out-of-state carry permits, so possessing a loaded firearm without a New York-issued pistol permit can result in a charge under Penal Law § 265.03, criminal possession of a weapon in the second degree, which is a Class C violent felony carrying a mandatory minimum of 3.5 years in prison. However, a skilled Brooklyn defense attorney may be able to argue for a reduction to Penal Law § 265.01-b, a Class A misdemeanor created under recent legislative reforms for first-time offenders who legally possess the firearm in their home state. We would also examine whether the traffic stop and subsequent search violated your Fourth Amendment rights, which could lead to suppression of the weapon as evidence. Every detail of how the firearm was discovered and whether proper procedures were followed matters enormously in building your defense.

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

Misdemeanor Charges

If the charge is a misdemeanor, you could face up to a year in prison and a fine of $1,000.

Felony Charges