What to Know About Weapons Charges in Brooklyn

Facing weapons charges in Brooklyn can upend your life in an instant. Whether police arrested you for possessing an unlicensed firearm, carrying a concealed weapon, or using a weapon during an alleged crime, the legal consequences are severe. New York law imposes some of the strictest weapons regulations in the country, and the Brooklyn District Attorney’s Office prosecutes these offenses aggressively. A conviction can lead to years in prison, permanent loss of civil rights, and irreversible damage to your career, housing, and immigration status.

At Petrus Law, we provide strategic, experienced defense for individuals facing Brooklyn weapons charges in state and federal court. Our attorneys understand how New York Penal Law Article 265 classifies and penalizes gun and weapons-related offenses, and we know how to challenge the prosecution’s case at every stage. If you or someone you love has been arrested on a weapons charge in Brooklyn, call Petrus Law today at (646) 733-4711 or visit our contact page to schedule a confidential consultation.

Understanding New York Weapons Laws and How They Apply in Brooklyn

New York’s weapons laws are among the most complex and punitive in the United States. In Brooklyn, individuals charged under these laws face high-stakes criminal proceedings that often carry mandatory prison terms. Understanding how these statutes operate is essential if you have been accused of violating New York Penal Law Article 265, which governs weapons and firearms offenses statewide. At Petrus Law, we guide Brooklyn clients through every stage of their defense, starting with a clear explanation of the laws that prosecutors rely on to secure convictions.

How New York Penal Law Article 265 Defines Firearm and Weapons Offenses

Article 265 of the New York Penal Law lays out more than two dozen separate offenses involving firearms, ammunition, knives, and other dangerous weapons. The most commonly charged offense in Brooklyn is criminal possession of a weapon in the second degree, codified under Section 265.03, which applies when someone is accused of possessing a loaded firearm with the intent to use it unlawfully. Even without proof of intent, a person can be charged if they carry a loaded gun outside of their home or place of business without a valid permit from the NYPD.

Other common offenses include criminal possession of a weapon in the third degree under Section 265.02, which often involves possession of a defaced firearm or multiple weapons. Possession of metal knuckles, switchblades, gravity knives, and other weapons classified as per se illegal under Section 265.01 may also result in misdemeanor or felony charges.

Brooklyn prosecutors often combine multiple counts when filing an indictment. For example, someone arrested with an unlicensed handgun and a prohibited knife may be charged with both second and third degree possession. Each of these charges carries distinct penalties and procedural requirements, which is why legal representation from a firm with experience in weapons defense is critical.

New York’s Strict Licensing and Permit Requirements

One of the reasons Brooklyn weapons charges are so harshly penalized is the state’s unforgiving approach to firearm licensing. Unlike many other jurisdictions, New York does not recognize out-of-state concealed carry permits. This means a person lawfully carrying a handgun in states like Pennsylvania or Florida may still face a felony charge upon entering Brooklyn with that same weapon.

According to the New York State Police Pistol Permit Bureau, firearm licenses are issued locally and are subject to extensive vetting. In New York City, applications must be filed through the NYPD License Division, which requires fingerprinting, interviews, proof of good moral character, and detailed justifications for why a firearm is necessary.

Transporting a firearm through New York without a city-issued permit can result in arrest and prosecution even if the gun was not loaded or was stored in checked luggage. The Transportation Security Administration outlines specific rules for how firearms must be transported in airports, but these federal guidelines do not override New York State law. The U.S. Concealed Carry Association warns gun owners that New York’s reciprocity restrictions place lawful out-of-state carriers at risk of felony charges.

The Legal Consequences of Carrying Weapons in Restricted Locations

New York law sharply penalizes anyone who brings a weapon into a designated sensitive area. Penal Law Section 265.01-a makes it a felony to possess a firearm, even lawfully, in a school, courthouse, government building, or other restricted area. In Brooklyn, defendants are frequently charged under this statute when a gun is discovered during a routine screening at the Kings County Supreme Court or in a school zone monitored by the NYPD.

The Gun-Free School Zones Act imposes federal restrictions that overlap with state law, creating dual exposure to both federal and state prosecution. Even if the gun is lawfully owned and securely transported, failure to comply with these overlapping requirements can result in immediate arrest and prosecution.

In addition to firearms, New York’s restricted zones also cover certain types of knives and blunt-force weapons. Many defendants are unaware that even items sold at local hardware stores may qualify as “dangerous instruments” under the law when carried in public spaces. The Legal Aid Society provides additional guidance on how everyday objects can lead to weapons charges depending on the context of their use or concealment.

How Brooklyn Prosecutors Charge and Classify Weapons Offenses

The Brooklyn District Attorney’s Office has made prosecution of gun crimes a top priority, often filing second-degree felony charges even when there is no evidence of actual violence. A conviction under Penal Law 265.03 carries a mandatory minimum sentence of three and a half years in prison. Judges have no discretion to impose probation or community service in lieu of incarceration for this offense, even for first-time offenders.

According to the New York Sentencing Commission, firearm possession offenses classified as violent felonies require determinate sentencing and post-release supervision. This sentencing structure means that any conviction will include a fixed prison term followed by strict monitoring by the New York State Department of Corrections and Community Supervision.

The Giffords Law Center ranks New York among the top states for gun control enforcement, largely due to its mandatory sentencing provisions and zero-tolerance policies. This is especially relevant in Brooklyn, where prosecutors regularly argue for enhanced penalties based on prior convictions, gang affiliation, or proximity to schools and public housing.

The Distinction Between Possession and Intent to Use

Not all weapons charges in Brooklyn stem from allegations of active use. In fact, most arrests involve mere possession of a firearm, knife, or prohibited item. But New York law does not require proof that the person intended to harm anyone. Instead, the law focuses on whether the item was “loaded” and whether it was carried unlawfully outside the home or business.

The definition of a “loaded firearm” includes situations where ammunition and the firearm are within close proximity, even if the rounds are not chambered. The New York State Senate explains that possession is often enough for felony charges under the law, especially in cases where the weapon is found during a traffic stop or pedestrian search. This interpretation significantly lowers the evidentiary threshold for Brooklyn prosecutors to secure convictions in weapons possession cases.

At Petrus Law, we challenge the prosecution’s narrative by attacking both the stop that led to the search and the classification of the weapon as illegal or loaded. We also raise constitutional defenses when the police conduct violates the Fourth Amendment, as interpreted by the United States Supreme Court in landmark decisions such as Terry v. Ohio and Carney v. California.

Mandatory Sentencing and Penalties for Weapons Convictions in Brooklyn

Weapons charges in Brooklyn expose defendants to some of the most severe criminal penalties in New York’s legal system. Unlike many other offenses, gun and weapons convictions often carry mandatory minimum prison terms and eliminate options like probation, conditional discharge, or community service. Judges in Kings County criminal court are legally bound by New York’s sentencing statutes, and prosecutors from the Brooklyn District Attorney’s Office rarely make exceptions. Understanding the structure of mandatory sentencing is critical to assessing your legal risk and crafting a defense strategy that targets the state’s most punitive provisions.

How New York Classifies Violent Felonies Involving Weapons

The New York State Penal Law categorizes many weapons offenses as “violent felony offenses,” even when no violence actually occurred. For example, criminal possession of a weapon in the second degree under Penal Law § 265.03 is classified as a class C violent felony. This charge applies when a person allegedly possesses a loaded firearm outside of their home or place of business without proper licensing.

The classification as a violent felony triggers mandatory sentencing under New York Penal Law Article 70, which imposes determinate prison terms and post-release supervision. Unlike indeterminate sentences, which allow for parole eligibility, determinate sentences require the full minimum term to be served in custody. According to the New York State Unified Court System, individuals convicted under Article 70 are not eligible for parole and may face strict supervision after their release.

Even if the firearm was never displayed, used, or discharged, the court must impose a prison sentence of at least three and a half years upon conviction. Judges have no discretion to substitute probation for a first-time offender, which is why early intervention by experienced defense counsel is critical.

Sentencing Exposure for Common Weapons Charges in Brooklyn

The penalties for weapons convictions in Brooklyn vary depending on the specific charge, the accused’s criminal history, and whether aggravating factors are present. The New York State Division of Criminal Justice Services provides annual data on firearm-related arrests and sentencing outcomes throughout the state, including Kings County. These figures show that the vast majority of people convicted under Article 265 are sentenced to state prison.

A person convicted of second-degree criminal possession of a weapon under Penal Law § 265.03 faces a sentencing range of 3.5 to 15 years in prison. The court must also impose a period of post-release supervision lasting between two and five years, during which the individual remains under strict surveillance by the Department of Corrections and Community Supervision.

Third-degree possession under Penal Law § 265.02, which includes possession of three or more illegal firearms or a defaced gun, is a class D violent felony and carries a potential sentence of two to seven years in prison. Prosecutors often file this charge alongside second-degree possession to increase sentencing leverage during plea negotiations.

Aggravating Factors That Increase Sentence Severity

New York law mandates enhanced penalties when certain aggravating circumstances are present. If the alleged offense occurred in a school zone, government building, or other restricted area, the charges may be elevated under Penal Law § 265.01-a. This statute criminalizes possession of a weapon in a sensitive location, and the court may impose higher prison terms based on the context in which the firearm or weapon was discovered.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and other federal agencies track firearm activity in restricted zones, and local prosecutors frequently use this data to justify tougher penalties. The Giffords Law Center has reported that New York’s enhanced sentencing framework places the state among the most punitive in the nation when it comes to gun-related offenses.

Additionally, a defendant’s prior criminal history significantly affects the available sentencing range. Under Penal Law § 70.06, a second felony offender must receive a longer determinate prison term, with a mandatory minimum of five years for second-degree weapon possession. A person classified as a “persistent violent felony offender” under Penal Law § 70.08 could face a life sentence, even if no injuries or threats occurred during the alleged crime.

The Consequences of Post-Release Supervision in Brooklyn

Most people convicted of violent felony weapons offenses in Brooklyn are subject to post-release supervision, also known as PRS. This period begins immediately after incarceration and is enforced by the New York State Board of Parole. PRS conditions often include mandatory drug testing, GPS monitoring, curfews, restrictions on internet use, and limitations on where a person can live or travel.

Violating the terms of supervision can result in reincarceration without a new trial. These conditions are particularly burdensome for individuals trying to regain employment, reconnect with family, or reintegrate into the community. The Legal Action Center reports that individuals on PRS often face discrimination in housing, licensing, and education due to their criminal record and ongoing supervision status.

Understanding the long-term impact of PRS is essential when assessing plea options or deciding whether to take a case to trial. At Petrus Law, we consider not only the immediate consequences of a conviction but also the extended collateral effects that PRS and a felony record can impose on our clients’ lives.

Civil and Immigration Consequences of a Weapons Conviction

The consequences of a weapons conviction in Brooklyn extend far beyond the courtroom. A felony conviction under New York law can permanently strip individuals of their right to vote, own a firearm, or serve on a jury. For non-citizens, a weapons conviction may lead to detention, removal proceedings, or a permanent ban on reentry under the Immigration and Nationality Act, especially when the charge is classified as a “crime involving moral turpitude” or “aggravated felony.”

The American Immigration Council and the Immigrant Defense Project explain how weapons charges frequently lead to deportation, even in cases where the defendant has held lawful permanent residency for years. Because ICE shares information with local jails and courts, many Brooklyn defendants are flagged for immigration enforcement immediately after arrest.

At Petrus Law, we work closely with immigration counsel to identify charges that may trigger collateral consequences and negotiate plea deals that avoid deportation triggers. In post-conviction settings, we also file motions to vacate convictions where prior attorneys failed to warn non-citizen clients about the immigration impact of a guilty plea, as required by the U.S. Supreme Court’s ruling in Padilla v. Kentucky.

How Petrus Law Defends Against Weapons Charges in Brooklyn Criminal Court

When you are facing weapons charges in Brooklyn, the stakes are too high to leave your defense to chance. Prosecutors from the Kings County District Attorney’s Office aggressively pursue convictions under New York’s gun laws, often refusing to reduce or dismiss charges without a hard legal challenge. At Petrus Law, we don’t wait for the state to build its case. We immediately go on the offensive, investigating every detail of your arrest, scrutinizing police conduct, and crafting a defense that anticipates the tactics prosecutors are most likely to use in Brooklyn criminal courtrooms.

Our approach is grounded in constitutional law, New York criminal procedure, and a deep understanding of how Article 265 weapons offenses are prosecuted locally. We don’t just respond to allegations, we dismantle them.

Challenging Unlawful Police Stops and Searches in Brooklyn

One of the most effective defenses against a weapons charge in Brooklyn is a constitutional challenge to the stop, search, or seizure that led to the arrest. The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. That protection applies not only to searches of homes but also to pedestrian stops, vehicle searches, and surveillance by law enforcement.

Under the U.S. Supreme Court’s decision in Terry v. Ohio, police may stop a person only when they have reasonable suspicion that criminal activity is afoot. To frisk for weapons, officers must have a specific and articulable belief that the person is armed and dangerous. The Legal Information Institute outlines how this standard has been interpreted by courts and why many stops fail to meet legal scrutiny.

In Brooklyn, many gun arrests originate from routine traffic stops, subway surveillance, or stop-and-frisk encounters. If the initial detention or search violated your rights, Petrus Law will file a motion to suppress the firearm and any other evidence recovered as a result. These motions are based on Criminal Procedure Law Article 710, which governs the suppression of unlawfully obtained evidence in New York criminal cases.

We frequently litigate these motions in evidentiary hearings, also known as Mapp or Dunaway hearings, where the prosecution must prove that the police acted within the bounds of the law. If the court finds the search was unlawful, the case may be dismissed entirely or severely weakened, giving us leverage to secure a more favorable resolution for the client.

Contesting the Alleged Possession of the Weapon

Possession is a central issue in nearly every weapons case, and proving it is not always as straightforward as prosecutors claim. Under New York law, possession can be “actual” or “constructive.” Actual possession means the weapon was physically on your person, such as in your pocket or waistband. Constructive possession means the weapon was in a location you had control over, such as a car, room, or shared apartment.

The New York State Court of Appeals has repeatedly held that constructive possession requires proof that the defendant exercised “dominion or control” over the place where the weapon was found. At Petrus Law, we challenge possession claims by showing that multiple people had access to the area, that ownership was unclear, or that forensic evidence such as fingerprints or DNA does not support the prosecution’s theory.

We also examine surveillance footage, body camera recordings, and 911 transcripts to identify inconsistencies in the officers’ accounts of how and where the weapon was recovered. If the evidence does not meet the burden of proof beyond a reasonable doubt, we prepare to move for acquittal at trial or negotiate for dismissal before a jury is ever seated.

Disputing the Weapon’s Classification or “Loaded” Status

Another key component of our defense strategy is to challenge whether the item in question legally qualifies as a “weapon” or whether it meets the definition of “loaded” under state law. New York courts have interpreted the term “loaded” to include firearms that have ammunition in the same general vicinity, even if the magazine is not inserted. This broad definition has resulted in many defendants being charged with felonies based on technical configurations that pose little or no threat.

The New York Penal Law § 265.00 defines both terms with specific criteria. For example, a pellet gun, starter pistol, or airsoft weapon may be legally possessed unless it meets the threshold for classification as a firearm. Similarly, knives must have certain characteristics, such as a spring-loaded mechanism or gravity blade, to fall under the statutory definition of an illegal weapon.

We consult with firearms experts and forensic specialists to assess the operability and design of the alleged weapon. If it was not operable at the time of arrest or does not meet statutory requirements, we move to dismiss the charges or reduce them to non-criminal violations. These technical challenges often make the difference between a felony conviction and complete dismissal.

Leveraging Gaps in the Chain of Custody and Evidence Integrity

In every criminal case, the prosecution must establish a reliable chain of custody for all evidence. That means documenting every person who handled the firearm, from the arresting officer to the evidence clerk to the ballistics examiner. If any link in that chain is broken, or if the weapon is tampered with, altered, or misidentified, the credibility of the entire case may collapse.

The National Institute of Justice emphasizes that maintaining the integrity of physical evidence is essential to ensuring fairness in the justice system. At Petrus Law, we demand full discovery of all police reports, lab logs, inventory sheets, and forensic analysis records. If the weapon was moved, cleaned, test-fired, or stored improperly, we can raise doubts about its authenticity and admissibility.

We also explore whether law enforcement used proper documentation procedures, including body camera footage, field test logs, and evidence room intake protocols. When discrepancies arise, we use them to discredit the reliability of the prosecution’s case, either before trial or through vigorous cross-examination in front of a jury.

Negotiating for Dismissals, Diversion, or Sealed Records When Possible

While many weapons cases proceed to trial or end with guilty pleas, we always seek alternatives that minimize long-term harm. In some cases, especially where the client has no criminal record, we may negotiate for dismissal through a pretrial diversion program. For eligible offenses, we also explore options under CPL § 160.59, which allows for record sealing after a period of lawful conduct.

When diversion is not an option, we push for reduced charges that avoid the collateral consequences of a violent felony conviction. This may include negotiating for a plea to a non-violent offense, a misdemeanor, or a violation such as disorderly conduct. These outcomes prevent mandatory prison time, protect your immigration status, and preserve your right to vote, work, and pursue future opportunities.

The Collateral Consequences Resource Center tracks the long-term impact of criminal records on employment, housing, and education. At Petrus Law, we never stop fighting once the trial ends. We remain committed to minimizing the ripple effects of a weapons charge and helping our clients move forward with dignity and opportunity.

Call Petrus Law if You Are Facing Weapons Charges in Brooklyn

If you have been arrested or are under investigation for weapons charges in Brooklyn, your next decision could shape the rest of your life. Prosecutors in Kings County pursue these cases with urgency and little leniency. A single misstep, including speaking to police without counsel or missing a court date, can lead to years in prison, a permanent criminal record, and devastating collateral consequences for your immigration status, career, and future. But you do not have to face this process alone.

At Petrus Law, we fight aggressively for individuals accused of gun and weapons-related offenses throughout Brooklyn. Whether you are dealing with an NYPD stop-and-frisk arrest, allegations involving a loaded firearm, or federal weapons charges, we are ready to step in, protect your rights, and attack the state’s case from every angle. We handle everything from suppression motions to trial advocacy, with a track record of success in Brooklyn criminal courts.

Do not wait until your arraignment to get the legal help you need. The sooner you contact our office, the more options we have to intervene and secure the best possible outcome. Call Petrus Law today at (646) 733-4711 or visit our contact page to schedule a confidential consultation with a Brooklyn weapons charges defense attorney who will fight for your freedom from day one.