New York City Gun Charge Defense Lawyers Fighting Back

Gun arrests in New York City trigger some of the harshest penalties in state law. First-time offenders can face mandatory prison time and a life felony conviction. NYPD’s 75th Precinct in East New York to cops working near Times Square aim guns crimes with aggressive stops, searches, and prosecutions. We move fast at Petrus Law to fight the way your arrest unfolded, seek suppression of evidence, and combat charge dismissals.

If you were stopped near a subway entrance or during a traffic stop on the FDR, you need representation geared to the city’s hurry-up court system. We know how prosecutors and judges operate at facilities like the Manhattan Criminal Court on Centre Street and the Brooklyn Supreme Court on Jay Street. Our defense strategies oppose illegal search methods, discredit dubious probable cause, and require the state to prove each charge. New York firearm statutes are strict with no latitude for error. Call (646) 733-4711 for immediate help.

New York law classifies firearm crimes as Penal Law § 265, to which unlawful possession, transportation, and sale belong. To learn how such cases move through the justice system, refer to the New York State Unified Court System guide. See how easily your rights can be stripped away if you don’t act within time.

What to Know About Gun Charges in New York City

Gun charges in New York City carry harsh penalties, even for first-time arrests. Local prosecutors enforce strict firearm laws under New York Penal Law, treating nearly every possession case as a felony. If convicted, you could face mandatory prison time, steep fines, and a permanent criminal record. Whether the arrest happened near Times Square, on the Brooklyn-Queens Expressway, or at JFK Airport, law enforcement will push for aggressive prosecution.

At Petrus Law, we challenge how the stop occurred, how the firearm was found, and whether police followed the law. Every case moves quickly through NYC’s courts. Delays hurt your defense. To protect your future, act immediately. For details on how NYC criminal courts operate, visit the New York State Unified Court System.

Understanding Why Gun Possession Is Treated as a Felony in NYC

Most New York City gun charges result in automatic felony classifications, even if the weapon was never used. Prosecutors can charge Class C or D felonies simply for possessing an unlicensed firearm, regardless of your criminal history. The law applies to residents, travelers, and licensed gun owners from other states.

Many of our clients were arrested with lawfully purchased firearms, unaware that their license held no weight in New York. The moment the NYPD finds a gun without a valid NYC permit, prosecutors pursue felony charges that could bring years in prison.

Out-of-State Gun Licenses Are Not Honored in New York City

If you bring a firearm into New York City, even unloaded and stored properly, officers can arrest you for illegal possession. Local courts do not recognize concealed carry permits or licenses from other states. Travelers are frequently arrested at LaGuardia, JFK, or Penn Station despite following TSA rules. Review the TSA Firearm Transport Guidelines for federal regulations, but always consult local laws before entering NYC with any weapon.

Mandatory Prison Sentences Apply to Firearm Offenses in New York

Most New York City gun cases come with mandatory sentencing under Penal Law § 265.03. If prosecutors charge you with possession of a loaded firearm, you face a minimum of three and a half years in prison. Judges have very limited discretion under current state law.

We focus on identifying flaws in the search, arrest, or stop that might open the door for suppression or dismissal. In some cases, prosecutors drop or reduce charges when the evidence is weak or obtained illegally.

Charge Enhancements Raise Prison Exposure for Gun Defendants

The District Attorney can pursue enhancements when other crimes are alleged during arrest. For example, if a firearm is found near materials governed under 21 USC § 812, prosecutors often elevate the offense and pursue higher sentencing. Prior convictions, probation status, or alleged gang affiliations also increase risk.

Plea Deals Still Often Include Jail for First-Time Offenders

Even if this is your first arrest, you should not expect leniency. In many boroughs, prosecutors offer plea deals that include felony convictions and jail time. Our legal team pushes back hard by filing suppression motions, demanding access to evidence, and building leverage that shifts negotiating power in your favor.

The NYPD Targets Firearms in High-Risk Locations Across NYC

Police in New York City concentrate gun enforcement near subways, airports, and high-density housing. Officers use stop and frisk tactics, vertical patrols, and traffic checkpoints to identify weapons. These practices often violate constitutional search limits.

We routinely challenge these stops. If the arresting officer lacked reasonable suspicion or probable cause, we move to suppress the firearm and all related evidence. This is often the first step toward case dismissal.

Most Arrests Happen in Subways, Public Housing, and Airports

NYPD gun arrests often occur at transportation hubs like Grand Central or Atlantic Terminal and at NYCHA buildings across the Bronx and Brooklyn. Officers may cite vague behavior, tips from unverified sources, or general area enforcement as cause for the stop. These tactics rarely meet legal standards. You can explore data on NYC enforcement practices in this Marshall Project report on NYPD patrol strategy.

Vehicle Stops Lead to Firearm Charges Throughout the Boroughs

Many New York City gun arrests start with routine traffic stops. Officers pull drivers over on roads like the FDR or Bruckner Boulevard, claim to smell marijuana or see suspicious movement, and then search the car. We examine these cases for Fourth Amendment violations. If the initial stop was invalid, the firearm evidence cannot be used in court.

Immediate Legal Intervention Changes the Outcome of Your Case

Time is critical after a gun arrest. If you wait, you lose opportunities. Once arraignment takes place, the case quickly moves toward indictment. Our attorneys intervene early, often before the prosecution gathers its full file or presents the case to a grand jury.

We push back fast, demand evidence, and look for flaws in every part of the arrest. This early strategy helps us negotiate from a position of strength.

Defense Planning Must Match the Court and the Borough

Each borough court has its own culture, judges, and procedures. A gun case in Manhattan looks different than one in Staten Island or Queens. We appear regularly in these courtrooms and know how local prosecutors handle firearm charges. For an overview of each borough’s criminal court locations, visit the NYC Criminal Court Directory.

Early Action Helps Us Suppress Evidence and Avoid Indictment

We file motions immediately to suppress unlawfully obtained evidence and push to prevent the case from reaching indictment. By moving quickly, we often shift momentum before the District Attorney is fully prepared. This gives us a better chance to negotiate reduced charges or dismissal.

Understanding the Penalties for Gun Offenses in NYC

Gun offenses in New York City bring automatic felony exposure and long-term consequences. The penalties do not vary based on where you purchased the firearm or what your intent was. Prosecutors file serious charges quickly, and judges apply mandatory sentencing guidelines with little room for flexibility. Convictions under New York Penal Law § 265 lead to years in state prison, even when no violence occurred.

Petrus Law challenges these outcomes from the start. We identify gaps in the arrest process, file motions to suppress the firearm as evidence, and apply pressure early. Your future depends on the legal action taken during the first days after your arrest. To see how penalties escalate across the state, review the New York State Penal Code classification chart.

Prison Time Is Mandatory for Most Firearm Convictions

Gun crimes in NYC do not receive warnings or diversion offers. Judges are bound by mandatory minimums for weapons possession. A loaded gun found in your car, apartment, or bag can result in a Class C violent felony. These charges carry three and a half to fifteen years in prison. Judges cannot reduce that sentence below the floor without legal grounds.

At Petrus Law, we work to expose those legal grounds. When officers violate search protocol or misrepresent the encounter, we move fast to get the weapon thrown out of evidence. Without the gun, most cases fall apart before they reach trial.

Loaded Firearms Automatically Increase Sentence Exposure

New York law defines a firearm as loaded even if the ammunition is in your pocket or bag nearby. Prosecutors routinely charge the highest possible version of the crime to lock in a mandatory sentence. Our defense fights the state’s narrative using arrest reports, body cam footage, and sworn testimony.

We also challenge how law enforcement tests the weapon and how the District Attorney handles chain of custody. These details often create leverage that can reduce or eliminate the prison risk entirely.

Felony Charges Stay on Your Record Permanently

Convictions for gun offenses in New York cannot be sealed easily. A felony on your record stays with you for life. It limits your employment options, eliminates access to most government benefits, and blocks housing in both public and private sectors.

Gun charges often qualify as violent felonies, which carry additional long-term restrictions. These can include a lifetime ban on owning firearms nationwide, ineligibility for immigration relief, and immediate disqualification from holding professional licenses.

Firearm Convictions Lead to Immigration and Housing Barriers

A conviction tied to illegal possession or transportation of a firearm can lead to deportation or permanent denial of lawful status. Even lawful permanent residents risk being placed into removal proceedings after sentencing. For an overview of immigration consequences for felony convictions, refer to the American Immigration Council guide.

We work with immigration-focused counsel when needed, especially for non-citizens facing charges under 21 USC § 812 where firearm enhancements apply. Avoiding a conviction is critical when immigration status is at risk. We also support post-conviction sealing when eligible to restore housing access for clients with prior records.

Probation, Fines, and Collateral Consequences Also Apply

Even when jail time is avoided, a conviction for a New York City gun offense comes with mandatory fines, probation supervision, and long-term restrictions. Courts may order firearm forfeiture, mandatory check-ins, home inspections, and restrictions on movement within the city.

We prepare our clients for these outcomes and push to reduce them. If prosecutors demand probation, we negotiate terms that allow work travel, stable housing, and minimal disruption to family life. Every detail matters in sentencing. If you are also charged with a drug offense under 21 USC Subchapter I, Part D, you may face federal consequences as well.

Collateral Penalties Follow Gun Convictions for Life

New York gun convictions impact more than your court case. You may lose access to federal student loans, child custody rights, and the ability to work in healthcare, security, or financial industries. Employers in NYC conduct deep background checks, especially in city or state jobs. That means the record of a gun arrest can block you from meaningful work even decades later.

Charges We Fight in NYC Firearm Cases

Gun-related arrests in New York City often result in felony-level prosecution, even without any violent conduct. At Petrus Law, we defend individuals accused of unlawful possession, transportation, and use of firearms across all five boroughs. These cases often begin with routine police stops or searches that raise serious constitutional concerns.

We do not treat gun charges as isolated events. We look at the full context of your arrest, challenge how the weapon was discovered, and identify every legal flaw. Most of the cases we handle involve aggressive enforcement by NYPD patrol units or transit officers. For an overview of how New York classifies weapons offenses, visit the New York State Division of Criminal Justice Services.

Unlawful Possession of a Firearm Is the Most Common NYC Charge

Possessing a firearm in New York City without a valid NYC license is a criminal offense, no matter where the gun came from. Most gun arrests stem from simple possession, meaning the weapon was not fired, brandished, or used in any crime. Still, prosecutors file Class C felony charges in nearly every case.

Possession Charges Often Involve Traffic Stops or Street Encounters

NYPD officers frequently find firearms during car searches or pat-downs in public areas. These encounters often begin with vague justification, like suspicious behavior or alleged odor. We challenge those stops, especially when no probable cause exists. Our goal is always to suppress the weapon and force the state to dismiss.

Unlawful Transportation of a Gun Carries Severe Felony Exposure

Transporting a firearm through NYC without a valid license or permit often triggers felony charges. Even unloaded weapons stored in locked containers can lead to arrest if the carrier lacks a city-issued permit. Out-of-state gun owners are often caught in these cases while passing through airports, tunnels, or bridges.

Traveling with a Firearm Through NYC Can Lead to Arrest

Many people face charges after declaring a firearm at JFK or LaGuardia, believing they followed TSA rules. However, federal transport procedures do not override New York state law. The city requires strict adherence to local licensing and possession laws. We represent travelers facing these charges and push for dismissal before the case reaches indictment. For federal rules on firearm transport, view the TSA firearm transport guidance.

Intent to Use a Firearm Elevates the Severity of the Charges

When prosecutors believe you carried a weapon with the purpose of using it unlawfully, they will charge intent-based offenses. These accusations raise the case from possession to a violent felony, even if the firearm was never discharged. We challenge these enhancements by reviewing police reports, witness statements, and surveillance footage.

Prosecutors Must Prove More Than Mere Possession

Intent charges require the state to show that you intended to use the firearm against another person or during a separate crime. Without strong evidence, these charges often fall apart. We use cross-examination and pretrial motions to expose the lack of proof behind intent claims.

Criminal Use of a Firearm Comes with Mandatory Sentencing Rules

Using or displaying a firearm during the commission of another crime, such as robbery or burglary, carries mandatory minimums. These charges are aggressively prosecuted in borough courts throughout the city. If a firearm is recovered alongside contraband under 21 USC Subchapter I, Part D, federal penalties may apply as well.

These Cases Often Rely on Eyewitness Accounts or Surveillance

Prosecutors will build their case using street camera footage, civilian witness claims, or officer observations. We analyze every frame and transcript to identify contradictions. Many of these cases collapse when we show that the firearm was not used or could not be linked to our client with certainty.

Possession of a Firearm by a Prior Felon Triggers Mandatory Prison

New York law bars anyone with a prior felony from possessing a firearm under any circumstance. These cases often bring Class C or D violent felony charges with mandatory prison time. Prosecutors file aggressively, and judges have limited flexibility under the law.

Prior Convictions Do Not Eliminate Your Defense Options

Even with a criminal history, you still have legal rights. We review how officers found the weapon, how prosecutors built the case, and whether your prior convictions actually meet the legal standard to trigger the enhancement. Mistakes in charging documents or police procedure often provide leverage for negotiation or dismissal.

How We Handle Cases Involving Gun Trafficking Allegations

Gun trafficking charges in New York City bring some of the most aggressive prosecution efforts and mandatory sentencing structures under state and federal law. These cases typically involve surveillance, digital tracking, or informant-based tips. Prosecutors often attempt to link defendants to broader firearm distribution networks, especially when multiple firearms or interstate activity are alleged.

At Petrus Law, we respond fast. We dissect law enforcement reports, challenge search warrants, and file motions to suppress surveillance evidence. Our legal strategies focus on cutting off the prosecution’s assumptions before they gain traction. To understand how federal law classifies firearm distribution offenses, review the Bureau of Alcohol, Tobacco, Firearms and Explosives firearm trafficking overview.

Trafficking Allegations Often Begin With Targeted Surveillance

These cases usually start long before an arrest. NYPD and federal agencies use digital tracking, confidential informants, and license plate scanners to map firearm movement. Once they believe someone is involved in transporting or selling guns, they apply for surveillance warrants or conduct sting operations.

We Investigate Every Step Taken by Law Enforcement

We begin by reviewing the origin of the investigation. If police relied on faulty intelligence or unverified informants, we expose those weaknesses. Our attorneys scrutinize how search warrants were obtained and whether the government followed legal protocols during the investigation. When surveillance overreaches, we demand suppression of the evidence.

Prosecutors Must Prove Intent to Distribute or Sell Firearms

To secure a conviction for gun trafficking, prosecutors must show more than possession. They must prove you knowingly moved firearms with the intent to distribute, sell, or transfer them illegally. This often relies on circumstantial evidence, such as volume, location, or association with others under investigation.

Intent Allegations Can Be Disputed With Strong Defense Strategy

Intent is one of the most difficult elements for the state to prove. We challenge assumptions based on proximity, communication records, and social media claims. We also bring in digital forensic experts when needed to analyze whether alleged messages or location data support the state’s theory. These cases often involve electronic data that prosecutors misinterpret or oversimplify.

Gun Trafficking Cases Involving Interstate Movement Raise Federal Risks

Moving firearms across state lines without proper registration or licensing can trigger federal firearm trafficking charges. If law enforcement alleges weapons were transported from another state into New York City, they may attempt to involve federal agencies or add charges under federal law.

Interstate Firearm Cases Often Involve Parallel Investigations

Federal and state agencies frequently work together in these prosecutions. When overlapping investigations occur, we coordinate our strategy to limit exposure across jurisdictions. In cases involving concurrent firearm and drug allegations, charges tied to 21 USC § 812 are often added. Our firm moves quickly to separate these charges and attack them individually, weakening the overall prosecution.

Firearm Trafficking Accusations Carry Severe Sentencing Guidelines

State-level trafficking charges may lead to decades in prison. When multiple firearms or allegations of sales near schools, parks, or transit hubs are added, enhancements apply. Prosecutors may also request consecutive sentencing, increasing the time significantly.

We Push Back Against Enhancements and Federal Coordination

We challenge every attempt to upgrade the charges. Enhancements often rely on loosely supported claims, such as alleged gang affiliation or school zone proximity. Our attorneys file motions to strike these additions and prevent unfair stacking. We also fight against efforts to shift the case into federal court unless absolutely necessary.

Defending Against Firearm Conspiracy Allegations in New York City

Prosecutors often charge gun trafficking cases under conspiracy statutes when they believe more than one person was involved. These charges allow the state to use phone records, text messages, and indirect connections as evidence. Even if you never physically handled a firearm, you could be accused of playing a role in the alleged operation.

We Isolate and Challenge Every Link in the Conspiracy Chain

We focus on breaking the chain of connection. If the state cannot prove that you agreed to or acted with others in a coordinated plan, the conspiracy charge fails. We aggressively cross-examine witnesses and challenge digital communications introduced in court. This defense strategy often leads to charge reductions or full dismissals.

Call a New York City Gun Defense Attorney Before the Case Moves Forward

If you are facing a gun charge in New York City, your next step matters more than anything else. Prosecutors work quickly to secure convictions, especially in cases involving firearm possession, transportation, or trafficking. Whether the arrest happened in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, the penalties remain severe. We respond immediately to protect your rights.

At Petrus Law, we know the pressure that comes with a felony gun arrest. Our defense begins the moment you call. We review search procedures, challenge how police obtained evidence, and take fast legal action to stop the case from moving forward. Every hour counts. Speak directly with a defense attorney who handles serious New York City gun charges.

Call (646) 733-4711 now or contact us online to request a confidential case review. Do not face the city’s legal system alone.