Firearms Possession Lawyer New York County, NY
New York County (Manhattan) actively prosecutes firearms possession offenses. A conviction can mean a felony record, state prison time, and a lifetime federal firearms disability. If you are facing a weapons charge—whether for possessing a firearm without a New York City license, having a gun in a prohibited location, or a loaded firearm in public—you need an experienced criminal defense attorney who knows the New York County courts. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who concentrates his practice on criminal defense and has handled matters in New York courts. He and the firm’s Of Counsel attorneys represent individuals charged with firearms possession throughout New York County, from the NYC Criminal Court on Centre Street to the New York County Supreme Court. Reach us at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearms Possession Means in New York County
New York’s gun laws are among the strictest in the United States. In New York County, the Manhattan District Attorney’s Office prosecutes firearms cases under the New York Penal Law, and the potential penalties are severe. Criminal possession of a weapon can be charged as a misdemeanor or as a felony depending on the type of weapon, whether the firearm was loaded, whether the individual has a prior conviction, and whether the possession occurred in a sensitive location such as a school or government facility.
The NYC Criminal Court on 60 Centre Street handles misdemeanor-level firearms charges—such as possession of an unregistered handgun or possession of a firearm without a valid license. Felony cases, including criminal possession of a weapon in the second or first degree, are prosecuted in the New York County Supreme Court. Under New York Penal Law, a Class A misdemeanor for a firearms offense can result in up to one year in jail; a Class C violent felony, such as possessing a loaded firearm with intent to use it unlawfully, carries a potential sentence of up to 15 years in prison. Bail reform in New York eliminated cash bail for most misdemeanors and non-violent felonies, but firearms charges often involve judicial discretion over pretrial detention.
In New York, a Class A misdemeanor is punishable by up to one year in jail; a Class B misdemeanor by up to three months.
Source: New York Penal Law (PEN); Criminal Procedure Law (CPL). NYS Senate Penal Law
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
For many first-time offenders, New York County courts may offer an Adjournment in Contemplation of Dismissal (ACD)—charges are adjourned for six to twelve months and automatically dismissed if you stay out of new trouble. Conditional sealing under CPL § 160.59 may also be available for eligible convictions after ten years. The firm’s Of Counsel attorneys have direct experience with ACDs and post-conviction relief in Manhattan courts.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Firearms Possession Cases
In any firearms possession case, the first objective is to keep you out of jail and protect your record. Mr. Sris and the firm’s Of Counsel attorneys begin by examining the legality of the search and seizure—many gun cases in New York County are initiated through street stops, traffic stops, or warrant executions. A suppression motion based on an unlawful search can result in dismissal of the entire case. The team also evaluates whether the prosecution can establish every element of the charge, including constructive possession, operability of the firearm, and the absence of any lawful exemptions.
If the evidence is strong, the defense team works to mitigate consequences. In the New York County Criminal Court, experienced counsel may seek an ACD for qualifying first offenses. For felony cases, we prepare a mitigation packet and negotiate with the District Attorney’s Office to secure a reduction to a non-felony disposition wherever possible. Throughout the process, we advise clients on collateral consequences—including immigration status, employment licenses, and federal firearm prohibitions—because at Law Offices Of SRIS, P.C. We understand that a firearms conviction can follow you long after the court case ends. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and has represented clients in state and federal courts across all five jurisdictions. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He maintains a hands-on role in complex criminal matters, including firearms possession charges in New York County.
The firm’s Of Counsel attorneys bring experience in criminal defense, including former prosecutors and attorneys with extensive courtroom exposure. Together, Mr. Sris and the firm’s Of Counsel attorneys work toward favorable outcomes while giving each client’s case the individual attention it deserves. The firm’s New York location is by appointment; call (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
Does New York have cash bail for firearms charges?
New York reformed bail in 2020, eliminating cash bail for most misdemeanors and non-violent felonies; however, bail may still be set for violent felony firearms charges. Many possession cases in New York County result in release on recognizance, but charges involving a loaded firearm or allegations of intent to use the weapon unlawfully can trigger pretrial detention. An experienced attorney can argue for supervised release instead of cash bail at the arraignment in the NYC Criminal Court (60 Centre Street).
What is an ACD in a New York County firearms case?
An ACD (Adjournment in Contemplation of Dismissal) is a disposition available for many first-offense firearms possession charges: the case is adjourned for six to twelve months and automatically dismissed if you stay out of trouble. Not every gun charge is ACD-eligible—felony possession generally is not—but for misdemeanor possession of an unlicensed firearm with no aggravating factors, an ACD may be a viable outcome in Manhattan courts. Your record can be sealed after the dismissal.
Can I get my criminal record sealed after a firearms conviction in New York County?
New York offers conditional sealing under CPL § 160.59 for up to two qualifying convictions after a ten-year waiting period; ACD dismissals are sealed automatically. Firearms felonies carry a waiting period and a judicial determination that sealing is appropriate. The court evaluates your rehabilitation, the seriousness of the offense, and any opposition from the district attorney. An attorney can file the motion and argue for sealing on your behalf.
What is the penalty for a misdemeanor firearms charge in New York?
A Class A misdemeanor firearms offense, such as criminal possession of a weapon in the fourth degree, is punishable by up to one year in jail. A Class B misdemeanor carries up to three months. In addition to jail time, the court can impose fines, probation, and a permanent criminal record. New York’s 2020 bail reform means most misdemeanor defendants are released without bail pending trial.
What constitutes criminal possession of a weapon in New York?
Under New York Penal Law, a person commits criminal possession of a weapon by possessing any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, or sandclub, with no valid license. For firearms, even having a gun in your home without a New York City-issued permit can be charged as a misdemeanor or felony. The precise degree depends on the type of weapon, whether it was loaded, and any aggravating circumstances.
Do I need a lawyer for a firearms possession charge in New York County?
Yes, hiring an experienced criminal defense lawyer is critical because firearms charges in New York County can result in jail, a felony record, and a permanent federal firearms disability. Even if you think the matter is straightforward, the Manhattan District Attorney’s Office has dedicated gun prosecutors. A lawyer can challenge the stop, search, and seizure; negotiate for a non-criminal disposition; and advise you on collateral consequences you may not anticipate.
What are the possible defenses to a firearms possession charge?
Common defenses in New York firearms cases include an illegal search and seizure, lack of knowledge or constructive possession, operability of an antique or replica firearm, and statutory exemptions for certain individuals or locations. A suppression motion under the Fourth Amendment and New York’s constitutional protections can lead to exclusion of the gun evidence. If the police lacked reasonable suspicion for the stop or probable cause for an arrest, the case may be dismissed entirely.
How long does a firearms possession case take in New York County?
The timeline depends on whether the case is a misdemeanor or felony; a misdemeanor may resolve in a few months, while a felony indictment and trial process can extend over a year. New York’s speedy trial statute (CPL § 30.30) requires the prosecution to be ready for trial within 90 days for a misdemeanor and six months for a felony, but complex motions, plea negotiations, and court backlogs in Manhattan often lengthen the process.
What is the difference between state and federal firearms charges?
State charges are prosecuted by the Manhattan District Attorney under New York Penal Law, while federal firearms charges are prosecuted by the U.S. Attorney’s Office for the Southern District of New York and carry mandatory minimum sentences, no parole, and federal sentencing guidelines. A federal charge, such as possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1), carries up to 10 or 15 years in prison with a mandatory minimum. If federal authorities adopt a case, it moves from state court to U.S. District Court on Pearl Street.
How do I find a firearms possession lawyer near New York County?
You can reach Mr. Sris and the firm’s Of Counsel attorneys by calling (888) 437-7747 for a consultation; the firm represents clients throughout Manhattan and New York County courts. Look for an attorney with experience in both New York City Criminal Court and New York County Supreme Court, who understands the nuances of the Raise the Age law, the 2020 bail reform, and the ACD process in Manhattan. The firm’s New York location is by appointment; call to schedule a meeting.
Authorities consulted: New York County Supreme Court |
New York State Penal Law |
New York State Unified Court System
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