NYC Gun Possession Lawyers

The most obvious type of gun crime is a violent crime, such as assault, murder or armed robbery. However, there are plenty of other ways you can get in trouble for having or using a gun incorrectly, and sometimes, people don’t even realize what they’re doing is illegal until it’s too late.

If you’re being charged with a gun crime in the state of New York, it’s wise to contact a criminal defense attorney immediately. Here at Federal Lawyers, we have decades of experience with the ins and outs of gun law, and we’re ready to examine your case and design a defense strategy that works.

The Types of Gun Crimes in NYC

1. Possession

You might be charged for simply carrying a gun if you don’t go about it in the correct way. You also might be banned from carrying or using a gun in certain circumstances.

Under federal law, you can’t be in possession of a gun if you:

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Legal Scenario: What Would You Do?

Scenario

You legally purchased a handgun in Pennsylvania where you have a valid concealed carry permit. While driving through New York City to visit family, you were pulled over for a traffic violation and informed the officer about the firearm in your glove compartment.

Can I really be charged with a felony in New York for a gun I legally own in another state?

Attorney's Answer

New York does not recognize concealed carry permits from other states, and possessing a loaded firearm without a New York permit is a serious offense under NY 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. Even an unloaded firearm without a license can be charged under Penal Law § 265.01 as a Class A misdemeanor or elevated to a felony depending on the circumstances. Many out-of-state gun owners are stunned to learn that New York City enforces some of the strictest firearms laws in the country, regardless of what other states allow. An experienced NYC gun possession attorney can explore defenses such as the interstate transport exemption under federal law (FOPA, 18 U.S.C. § 926A) or negotiate alternatives to mandatory incarceration.

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

• Are under the age of 18 for a shotgun or rifle or under the age of 21 for any other type of gun.
• Have been committed to the care of a mental institution.
• Have been convicted of a felony or have a record of any conviction of domestic violence.
• Are an illegal alien or fugitive of the law.
• Have a restraining order against you.
• Have been dishonorably discharged from the military.

You can also get in trouble for having an unregistered firearm in your possession. According to federal law, you must register any gun you choose to own. Sometimes, the failure to register a gun can come down to a simple matter of forgetfulness, which is why it’s important to have strong legal representation on your side.

2. Trafficking and Sale