Firearms Possession Lawyer New York, NY
Facing a firearms possession charge in New York City is serious. New York’s gun laws are among the most strict in the country, and a conviction can lead to incarceration, loss of firearm rights, and a permanent criminal record. Mr. Sris and his Of Counsel represent clients in all five boroughs—Manhattan, Brooklyn, Queens, the Bronx, and Staten Island—as well as surrounding counties. Mr. Sris, a former prosecutor, founded Law Offices Of SRIS, P.C. in 1997 and now brings that inside understanding of the criminal justice system to every defense. The firm’s attorneys appear regularly in New York City Criminal Court and the Supreme Court Criminal Term for felony matters. If you have been arrested or are under investigation for unlawful possession of a firearm, reach us at (888) 437-7747 to schedule a consultation.
Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Firearms Possession Means in New York City
New York, like many jurisdictions, prohibits certain individuals from possessing firearms and imposes strict licensing requirements on those who may lawfully own a gun. The New York Penal Law defines several firearms possession offenses, including criminal possession of a weapon in the second, third, and fourth degrees, as well as possession of a firearm by a person previously convicted of a felony. Cases arising in New York City are heard in either the New York City Criminal Court for misdemeanor-level charges or the New York State Supreme Court, Criminal Term, for felony indictments. The court location depends on the borough where the arrest occurred—Manhattan’s courthouse at 60 Centre Street, Brooklyn’s at 360 Adams Street, or Queens’ at 88-11 Sutphin Boulevard, among others. The city’s dense population and constant joint task forces between the NYPD, state police, and federal agencies mean enforcement is active, and even a desk-appearance-ticket arrest for a low-level weapons charge should be taken seriously. The procedural posture of a firearms case can be heavily affected by whether the defendant has a prior record, the type of weapon involved, and whether the alleged possession occurred in a school zone or other sensitive location.
How Mr. Sris and His Of Counsel Handle Firearms Possession Cases
Defending a firearms charge in New York begins with a careful review of the police reports, search warrant affidavits, and the circumstances of any stop, frisk, or seizure. Mr. Sris and his Of Counsel examine whether law enforcement followed the required constitutional and statutory procedures—invalid searches, warrantless entries, and improperly administered field interviews can all form the basis of a motion to suppress evidence. In negotiation with the District Attorney’s office, the firm works to identify whether the charge can be reduced to a non-weapons offense, such as a violation, or whether an adjournment in contemplation of dismissal (ACD) can be obtained for eligible first offenders. For clients facing felony indictments, the attorneys prepare for grand jury proceedings and, if necessary, trial. Throughout the case, the firm advises clients on the collateral consequences of a conviction, including federal firearms disabilities under the Lautenberg Amendment, immigration implications for noncitizens, and professional licensing issues. Because New York’s 2020 bail reform eliminated cash bail for most non-violent felonies, many defendants are released on their own recognizance, allowing them to assist in their defense while the case proceeds through the court’s calendar.
About Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing criminal defense since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he directs the firm’s criminal practice with firsthand knowledge of how the prosecution builds a case. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel attorneys also have extensive backgrounds in criminal litigation and bring decades of collective courtroom experience to every matter. The firm’s New York location serves clients throughout New York City and Long Island. Together, Mr. Sris and his Of Counsel represent individuals facing weapons charges in New York City Criminal Court and Supreme Court, working to achieve the most favorable outcome possible under the facts of each case.
Frequently Asked Questions
What constitutes illegal firearms possession in New York?
Illegal firearms possession in New York generally means carrying a firearm without a valid license, possessing a loaded weapon outside one’s home or place of business, or being a prohibited person—such as a convicted felon—in possession of any firearm. Under New York Penal Law, criminal possession of a weapon in the fourth degree is the least serious felony-level firearms charge, while second-degree possession (loaded firearm with intent to use unlawfully, or possession of a firearm by a person previously convicted of any crime) carries harsher penalties. The licensing requirements in New York City are particularly strict, and even simple unlicensed possession of a handgun can result in a felony indictment.
What are the potential penalties for firearms possession in New York City?
Penalties vary widely by the degree of the offense but can range from probation and fines for low-level violations to lengthy state prison sentences for felony weapons convictions. A Class A misdemeanor weapons charge carries up to one year in jail, while a Class E felony can result in one to four years. More serious counts—Class C violent felonies—carry mandatory minimum sentences and can reach 15 years of imprisonment. New York’s bail reform means many defendants are released pretrial, but a conviction still brings severe consequences including a permanent criminal record and loss of the right to possess firearms anywhere in the United States.
Do I need a lawyer for a firearms possession charge?
Yes, you should have experienced legal representation if you are charged with any firearms offense in New York. Even a misdemeanor gun charge can result in jail time and a criminal record that affects employment, housing, and immigration status. An attorney can challenge the legality of the stop or search, negotiate for a reduced charge, seek an ACD for eligible first offenders, and present mitigating evidence at arraignment and sentencing. Mr. Sris and his Of Counsel understand the New York City criminal courts and the tendencies of the district attorney’s offices in each borough. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How can a lawyer help with a firearms possession case?
A defense lawyer can investigate the facts, file motions to suppress evidence obtained through an illegal search, negotiate with the prosecutor to dismiss or reduce the charge, and represent you at trial if necessary. Firearms cases often turn on whether the police had reasonable suspicion or probable cause. An attorney can also identify diversion programs, such as an ACD for first offenders, which can lead to the dismissal and sealing of the case after a period of good behavior. Additionally, counsel can advise on the collateral consequences of a plea—such as the federal firearms ban under 18 U.S.C. § 922(g)(1) for felony convictions—and work toward an outcome that minimizes long-term damage.
What should I do if I am arrested for firearms possession in New York City?
Remain calm, do not make any statements to the police, and ask to speak with an attorney. You have the right to remain silent and the right to counsel. After an arrest in New York City, you will typically be taken to central booking for processing. Your attorney can appear at the arraignment to argue for your release and begin building your defense. Collect and preserve any documents, witness contact information, or evidence that may be relevant, but do not discuss the case with anyone except your lawyer. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a firearms possession charge be dropped or reduced?
Yes, firearms possession charges can be dropped or reduced depending on the evidence, the legality of the police conduct, and the defendant’s background. If the police lacked probable cause to stop or search, an attorney can file a motion to suppress the weapon, often experienced to dismissal. Even where the evidence is strong, prosecutors may agree to a plea to a non-firearms offense, such as disorderly conduct, to avoid the mandatory firearm-license consequences. For first-time offenders, an adjournment in contemplation of dismissal (ACD) is a common resolution in New York City Criminal Court—if the defendant stays out of trouble for six months, the charge is dismissed and sealed. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Criminal Defense Lawyer in Manhattan |
Criminal Defense Lawyer in Brooklyn |
Criminal Defense Lawyer in Queens |
Criminal Defense Lawyer in Staten Island |
Criminal Defense Lawyer in Nassau County
New York Penal Law — Firearms and Weapons Offenses |
New York City Criminal Court |
New York County Supreme Court, Criminal Term
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.