What to Know About Gun Charges in Brooklyn

Facing gun charges in Brooklyn is one of the most serious legal situations a person can encounter. Whether the arrest involves alleged possession of an unlicensed firearm, illegal transportation of a weapon, or use of a gun during the commission of another crime, New York’s gun laws carry severe consequences. The Brooklyn District Attorney’s Office aggressively prosecutes firearm offenses, and even first-time defendants may face felony charges, mandatory minimum prison sentences, and a permanent criminal record.

At Petrus Law, we provide strategic, experienced defense for clients charged with gun crimes in Brooklyn criminal courts. We understand the complexities of New York Penal Law, including its strict licensing requirements and mandatory sentencing provisions under the state’s gun control statutes. From the moment of arrest to the final court appearance, we work to suppress unlawfully obtained evidence, challenge flawed police procedures, and protect your constitutional rights.

If you or someone you care about is facing weapons charges in Brooklyn, you cannot afford to wait. Contact Petrus Law at (646) 733-4711 or visit our contact page to schedule a confidential consultation with a Brooklyn criminal defense attorney who understands how to fight gun charges effectively and protect your future.

Understanding Gun Laws and Criminal Charges in Brooklyn

New York enforces some of the strictest gun laws in the country, and Brooklyn prosecutors pursue violations of those laws with urgency. The state’s firearm regulations are found under New York Penal Law Article 265, which governs everything from unlawful possession to use of a weapon in a violent crime. If you are charged with a gun-related offense in Brooklyn, you are likely facing serious felony charges that can result in mandatory prison time, even if no one was injured and you had no prior criminal history.

At Petrus Law, we help clients understand the charges they face under New York law and build strategic defenses that protect their rights. Knowing how state statutes define gun-related offenses is the first step toward avoiding long-term consequences.

How New York Penal Law Classifies Gun Crimes

New York Penal Law Article 265 includes dozens of firearm-related offenses, each with its own elements and sentencing structure. Prosecutors can charge individuals with criminal possession of a weapon, criminal use of a firearm, and unlawful sale or transportation of firearms, depending on the circumstances of the arrest. These statutes are detailed on the New York State Senate’s official site, which offers full legal text and definitions for each crime.

In Brooklyn, many firearm cases begin with an arrest for criminal possession of a weapon in the second degree under Penal Law Section 265.03. This felony charge applies when a person allegedly possesses a loaded firearm with the intent to use it unlawfully against another. Even without proof of intent, mere possession of a loaded gun outside the home or place of business is often enough to trigger this serious felony charge. The New York Unified Court System outlines how courts interpret these elements and apply mandatory sentencing under the state’s weapons laws.

Criminal possession in the third or fourth degree may apply in cases where the firearm is unloaded, improperly stored, or the defendant is accused of possessing an illegal weapon, such as a defaced or unregistered firearm. The distinction between these charges can affect the severity of sentencing, which is why early legal representation is so important in these cases.

The Role of Firearm Licensing in Brooklyn Gun Cases

New York law requires strict adherence to firearm licensing protocols, and most people arrested for gun possession in Brooklyn do not hold a valid permit issued by the New York City Police Department. Unlike some other jurisdictions, New York does not honor out-of-state carry permits. That means a person who legally purchased a handgun in Florida or Texas may still face a felony charge in Brooklyn if they bring that weapon across state lines without proper authorization.

The New York State Police Pistol Permit Bureau provides guidance on obtaining a handgun license, but the process is time-consuming and subject to local approval. In New York City, applicants must go through the NYPD License Division, which imposes additional requirements, including interviews, fingerprinting, and proof of good moral character.

If a person is found with a firearm but lacks a valid permit from the city, prosecutors often charge them with a class C felony, even if the firearm was legally owned elsewhere. The U.S. Concealed Carry Association (USCCA) warns travelers and gun owners that New York’s strict transport laws do not exempt individuals carrying firearms in checked luggage unless very specific criteria are met, as explained on the Transportation Security Administration’s firearms policy page.

Common Weapons Offenses Prosecuted in Brooklyn Criminal Courts

The most frequent weapons charges filed in Brooklyn stem from allegations of illegal possession, but other offenses under Article 265 can carry equal or greater penalties. One such charge is criminal use of a firearm in the first degree under Penal Law Section 265.09. This statute applies when someone commits a class B violent felony while armed with a loaded deadly weapon. The New York State Division of Criminal Justice Services provides a full breakdown of how these statutes interact with New York’s sentencing structure.

When a gun is allegedly used during the commission of a robbery, burglary, or assault, the court may apply enhanced penalties through the state’s violent felony sentencing laws. In such cases, defendants may face 10 to 25 years in prison under the New York Penal Law Article 70, which governs sentencing for felony crimes.

Even without discharge or physical injury, possessing a gun during a felony can trigger additional charges. Prosecutors may also bring charges for defacing a firearm’s serial number under Penal Law Section 265.02(3), a class D felony that can be charged independently or alongside other firearm counts. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) outlines the implications of obliterated serial numbers on its firearm tracing page.

Weapon Possession in the Home Versus in Public

New York law differentiates between gun possession in a private residence and in a public setting. Penal Law Section 265.02(4) criminalizes the possession of a loaded firearm outside one’s home or place of business without a valid permit. The law does not consider ownership alone as a defense. For example, even if a firearm is registered in another state and stored securely, carrying it on the street in Brooklyn without a valid NYPD permit can lead to arrest and prosecution.

This distinction is critical when prosecutors determine whether to charge someone under a misdemeanor or felony statute. The Legal Aid Society provides detailed legal explanations about how these distinctions play out in court and why many seemingly low-level gun arrests escalate into high-stakes felony prosecutions in Brooklyn.

Possession of a Firearm in a School Zone or Government Building

New York law enhances penalties when a firearm is allegedly brought into a restricted location, such as a school, courthouse, or government facility. These zones are considered sensitive areas under federal and state law. The Gun-Free School Zones Act enforces federal restrictions, while New York’s Penal Law adds additional penalties at the state level.

In Brooklyn, defendants charged with bringing a firearm into a school or court face heightened scrutiny and stricter bail determinations. Judges are more likely to remand these defendants without bail, especially if the allegations suggest any risk to public safety. Knowing the location-based restrictions under both federal and state law is essential to building an effective defense.

How Strict Gun Laws Affect Brooklyn Defendants

New York’s gun control laws are among the toughest in the United States, and the city’s enforcement environment is even more aggressive than surrounding counties. The Giffords Law Center ranks New York among the top states for strictness in firearm regulations, with enhanced penalties for unlawful possession and a low threshold for felony prosecution.

Brooklyn’s judicial system is known for applying these laws rigorously. Prosecutors routinely argue that illegal possession of a firearm, regardless of a defendant’s background or intent, presents a threat to community safety. This stance influences plea offers, bail determinations, and sentencing outcomes across Kings County courts. Without experienced legal representation, even first-time defendants face an uphill battle.

At Petrus Law, we guide clients through the legal maze of New York’s gun laws and challenge the prosecution’s case with fact-specific defenses and constitutional arguments. Whether the case involves a loaded handgun in a vehicle or allegations of concealed carry without a permit, our attorneys are prepared to expose weaknesses in the state’s evidence and fight for reduced or dismissed charges.

Mandatory Sentencing and Penalties for Gun Convictions in Brooklyn

New York law imposes some of the harshest penalties in the nation for illegal gun possession and use, and defendants in Brooklyn often face mandatory prison time if convicted. Even without allegations of violence, prosecutors frequently pursue felony charges that trigger years of incarceration. Judges have limited discretion when applying these penalties, especially when the charges involve loaded firearms or violations of New York’s violent felony sentencing laws.

At Petrus Law, we help clients understand what sentencing exposure looks like in real terms. We evaluate each charge under New York’s Penal Law, identify any possible sentencing enhancements, and seek every opportunity to reduce or eliminate the consequences. Understanding how New York’s mandatory minimums work is essential for anyone facing gun charges in Brooklyn.

New York’s Sentencing Structure for Firearm Offenses

Most gun-related offenses in Brooklyn are classified as felonies and are therefore subject to determinate sentencing under New York Penal Law Article 70. This means that judges must impose a fixed sentence length, followed by a mandatory period of post-release supervision. For many defendants, that means years in a state prison followed by parole-like conditions enforced by the Department of Corrections and Community Supervision.

For example, criminal possession of a weapon in the second degree under Penal Law Section 265.03 is classified as a class C violent felony. A conviction for this offense carries a mandatory minimum of 3.5 years in prison and a maximum of 15 years. There is no possibility of probation or community service in lieu of incarceration. The New York State Sentencing Commission provides detailed guidance on how courts must apply these statutory minimums.

Judges in Brooklyn follow these mandates strictly. Even if the defendant has no criminal record and the firearm was never used or displayed, the court is still bound by the minimum prison terms outlined by state law.

Sentencing Enhancements for Aggravating Factors

In Brooklyn, certain aggravating factors can increase the sentencing range and eliminate options for early release. When a gun is used during the commission of a violent felony, prosecutors often add charges under Penal Law Section 265.09, which governs criminal use of a firearm in the first degree. This charge carries a maximum sentence of 25 years and is considered a class B violent felony under state law.

Even if the weapon is never fired, the mere presence of a firearm during the commission of a robbery or assault can lead to enhanced sentencing. According to the Federal Bureau of Investigation’s Uniform Crime Reporting Program, firearm involvement increases sentencing exposure across all categories of violent offenses. In Brooklyn criminal courts, the district attorney’s office often argues that enhanced sentencing is necessary to deter gun violence and protect public safety.

New York also imposes heightened penalties when a gun is possessed in a sensitive location, such as a school, courthouse, or public housing complex. Under Penal Law Section 265.01-a, possession of a weapon in a restricted area can elevate the charge and result in a more severe sentence.

Repeat Offenders and Persistent Felony Status

When a defendant has prior felony convictions, sentencing becomes significantly more severe. Under Penal Law Section 70.06, a second felony offender charged with criminal possession of a weapon in the second degree faces a minimum sentence of 5 years and a maximum of 15 years. For defendants classified as persistent violent felony offenders under Penal Law Section 70.08, the minimum increases dramatically, often to 10 years or more.

The New York State Division of Criminal Justice Services tracks sentencing trends in Kings County and reports that repeat offenders rarely receive leniency, especially when prior convictions involved weapons, violence, or drug distribution. These enhanced penalties are not discretionary. Once the prosecutor files the necessary predicate statement, the court is bound to sentence within the higher statutory range.

Post-Release Supervision and Civil Consequences

In addition to prison time, individuals convicted of gun offenses in Brooklyn face mandatory post-release supervision (PRS). This period begins after incarceration and typically lasts between 2.5 and 5 years, depending on the degree of the offense. The New York State Department of Corrections and Community Supervision enforces strict rules during PRS, including curfews, drug testing, electronic monitoring, and restrictions on housing and employment.

Any violation of PRS conditions can result in immediate reincarceration, even if the original sentence has already been served. This supervision period adds a layer of complexity and stress for individuals trying to rebuild their lives after a conviction.

Beyond supervised release, a gun conviction in New York carries long-term civil consequences. Individuals may lose their right to vote, serve on a jury, or hold public office. Under the Gun Control Act of 1968, federal law prohibits anyone convicted of a felony from possessing firearms. That ban is permanent unless rights are restored, which is exceptionally rare in New York.

Federal Prosecution and Dual Jurisdiction

Some Brooklyn gun cases trigger both state and federal charges, especially when the firearm crossed state lines, was trafficked through an interstate ring, or is connected to a broader criminal enterprise. The U.S. Attorney’s Office for the Eastern District of New York often files parallel charges in high-profile or gang-related cases.

Federal sentencing guidelines for gun crimes can be even more severe than New York state law. For instance, under 18 U.S.C. § 924(c), using or carrying a firearm during the commission of a violent or drug trafficking crime carries a mandatory minimum of 5 years in federal prison, consecutive to any sentence for the underlying offense. Repeat convictions under that statute carry 25-year mandatory minimums.

The United States Sentencing Commission outlines detailed sentencing tables and enhancements that apply in federal gun cases. These penalties are often applied in addition to state convictions, creating cumulative exposure that can exceed 30 years for a single incident.

Sentencing Alternatives and Negotiated Resolutions

While sentencing guidelines are strict, not all gun cases result in the maximum penalty. At Petrus Law, we work aggressively to negotiate plea agreements that avoid mandatory minimums or reduce the felony classification to a non-violent offense. In certain cases, we pursue diversion programs or advocate for downward departures based on mitigating factors such as mental health, lack of criminal history, or prosecutorial overreach.

In rare cases, a conviction may be eligible for post-conviction relief or record sealing under CPL § 160.59, which allows certain non-violent felony records to be sealed after 10 years if no new offenses have been committed. While most gun charges do not qualify, creative legal advocacy can sometimes position a case for reconsideration or reclassification.

The Legal Action Center offers guidance on collateral consequences and pathways to restore rights after a conviction. At Petrus Law, we help clients understand how a sentencing outcome will affect them long after their court case concludes.

How Petrus Law Defends Against Gun Charges in Brooklyn Criminal Court

The stakes in a Brooklyn gun case could not be higher. A single charge can cost years of freedom, derail your career, and impose lifelong restrictions on your civil rights. That is why you need more than just a general criminal defense attorney. You need a firm that understands how Kings County prosecutors build gun cases, how Brooklyn judges apply New York’s sentencing laws, and how to dismantle the state’s evidence from every angle. At Petrus Law, that is exactly what we do.

Our defense strategies are tailored to the specific charges, facts, and legal issues in each case. We challenge police conduct, suppress unconstitutional searches, attack weak or misleading evidence, and negotiate aggressively for reduced charges or dismissals. Gun prosecutions move quickly in Brooklyn, and we make sure our clients are never one step behind.

Suppressing Unlawful Searches and Fourth Amendment Violations

A large percentage of gun arrests in Brooklyn result from street stops, vehicle searches, or warrantless entries into private homes. If the police violated your constitutional rights at any point during their investigation, the evidence they found, including the gun itself, may be inadmissible in court.

Under the Fourth Amendment to the United States Constitution, police officers may not conduct a search without probable cause, a warrant, or a legally recognized exception. The New York Civil Liberties Union provides a comprehensive explanation of your rights during stops and searches, including when an officer can search your person, your car, or your belongings.

At Petrus Law, we frequently file suppression motions under New York Criminal Procedure Law Article 710, which governs the exclusion of unlawfully obtained evidence. These hearings allow us to cross-examine arresting officers and expose contradictions in their reports or testimony. If we can prove the search was unconstitutional, the court must exclude the firearm and any statements made during the illegal stop. That ruling alone can lead to dismissal of the charges.

Challenging Constructive Possession in Shared Spaces

One of the most common issues in Brooklyn gun cases is the prosecution’s reliance on constructive possession. This legal theory allows prosecutors to charge someone with firearm possession even if the gun was not found on their person, but in a place they allegedly controlled, like a car, apartment, or shared storage unit.

Courts in New York require prosecutors to prove that the defendant had both the ability and the intent to control the weapon. That burden becomes difficult to meet when multiple people are present or have access to the location. The New York State Court of Appeals has consistently held that presence alone is not enough to establish possession without additional proof of control or dominion.

Our attorneys carefully review bodycam footage, surveillance video, 911 transcripts, and police notes to determine whether the prosecution’s theory of possession holds up. If it does not, we move to dismiss the case or reduce the charges to a non-criminal offense under Penal Law Section 265.01.

Exposing Gaps in the Prosecution’s Chain of Custody

The prosecution must demonstrate that the weapon presented in court is the same one recovered during the arrest, and that it was handled properly by every officer, lab technician, and prosecutor involved. This is known as establishing a proper chain of custody. If any link in that chain is broken, the reliability of the evidence can be challenged.

According to the National Institute of Justice, poor documentation, missing evidence logs, and mishandled exhibits are among the leading causes of wrongful convictions. In Brooklyn, where high caseloads often lead to clerical errors and evidence backlogs, these issues are not uncommon.

Petrus Law uses subpoena power to obtain property vouchers, lab reports, and transfer records for every physical item tied to your case. If we find inconsistencies or gaps in the documentation, we use that to argue for suppression of the weapon or impeachment of the prosecution’s witnesses.

Asserting Innocent Ownership or Lack of Criminal Intent

In certain situations, especially when a firearm is legally owned in another jurisdiction, a strong defense can be built around innocent possession or a lack of criminal intent. For example, if a defendant was traveling through New York in compliance with the Firearm Owners Protection Act (FOPA), federal law may preempt state prosecution under specific conditions.

New York courts have acknowledged that possession alone does not automatically imply criminal intent, especially when the firearm was unloaded, cased, and not immediately accessible. The Legal Information Institute at Cornell Law School explains how intent functions as a required element in most criminal statutes, including New York’s Penal Law.

We work with investigators and firearm law experts to show that our client lacked the knowledge, control, or unlawful purpose required to sustain a conviction. In these cases, we often negotiate with the Brooklyn District Attorney’s Office to reduce the charge to a non-criminal violation or resolve the case through adjournment in contemplation of dismissal.

Highlighting Mitigating Circumstances in Sentencing Hearings

Even when a conviction appears unavoidable, sentencing is not a foregone conclusion. New York law allows defense attorneys to present evidence of mitigation before a judge imposes a sentence. These factors may include the defendant’s lack of criminal history, educational achievements, community involvement, or the presence of trauma or coercion in the events leading to the arrest.

The New York State Unified Court System permits allocution during sentencing, giving defendants a voice in the outcome. At Petrus Law, we use sentencing memoranda, psychological evaluations, and letters from employers, faith leaders, and community advocates to humanize our clients and argue for the minimum possible penalty.

We also assist eligible clients with applications for Certificates of Relief from Disabilities and Certificates of Good Conduct, which can restore civil rights and improve employment prospects following a felony conviction.

Arrested for a Gun Crime in Brooklyn? Call Petrus Law Today

If you are facing a gun charge in Brooklyn, the time to act is now. A single firearm arrest can lead to years behind bars, loss of your civil rights, and irreversible harm to your personal and professional life. Prosecutors in Kings County pursue gun cases aggressively, and New York’s sentencing laws leave little room for leniency unless your defense is strategic, fast, and well-informed. Do not leave your future to chance.

At Petrus Law, we understand what it takes to beat firearm charges in Brooklyn criminal courts. We know how to challenge unlawful searches, discredit weak evidence, and negotiate from a position of strength. Whether you’re charged with possession of an unlicensed handgun, use of a firearm during an alleged felony, or any other weapon-related offense, we fight to protect your record, your freedom, and your future.

You do not have to navigate this crisis alone. Our attorneys are available to intervene immediately, secure your release, and begin building your defense from the very first court date. Every moment counts when your freedom is on the line.

Call Petrus Law today at (646) 733-4711 or visit our contact page to schedule a confidential consultation with a Brooklyn criminal defense attorney who takes your case and your future seriously.