Facing a gun charge in New York City can be overwhelming. New York State has some of the strictest firearms laws in the country, and even a first-time offense can bring serious consequences, including felony charges, prison time, and a permanent criminal record. As a criminal defense lawyer, I want to help you understand your situation and what steps you should take if you’re charged with a gun-related offense.

Common New York Gun Charges

New York recognizes multiple degrees of the crime of Criminal Possession of a Weapon including Criminal Possession of a Weapon in the Fourth Degree which is a misdemeanor and Criminal Possession of a Weapon in the First Degree which is a class “B” felony punishable by up to 5 years in prison.

One of the most commonly charged weapons crimes is Criminal Possession of a Weapon in the Second Degree (CPW2). A person can be charged with CPW2 for possessing a loaded firearm outside the person’s home or place of business. CPW 2nd is a Class “C” felony punishable by a minimum sentence of 3.5 years in prison and a maximum sentence of 15 years in prison.

Another possible charge is Criminal Possession of a Firearm (NY Penal Law 265.01-b(1)): Possessing an unlicensed or unregistered firearm is a class “E” felony, punishable by up to four years in prison-even for those with no prior criminal record.

• Possession of a loaded firearm, possession in a school zone, or using a firearm in the commission of another crime can lead to even more severe charges and penalties.
• New laws also target rapid-fire modification devices (like pistol converters, bump stocks, and auto-sears), making their possession or use a serious offense.

Recent Developments in New York Gun Laws

• In 2025, new legislation further strengthened gun safety laws, including harsher penalties for illegal modifications and expanded requirements for firearm purchases.
• The U.S. Supreme Court recently declined to overturn New York’s post-2022 restrictions, meaning strict licensing and “sensitive location” bans remain in effect.
• New York City has additional licensing and registration requirements beyond state law, making compliance even more complex.

What Should You Do If Charged with a Gun Offense?

• Remain Silent: Do not discuss your case with police or anyone else until you have legal counsel.
• Contact my Law Office: Navigating New York’s gun laws requires focused knowledge. Early legal intervention can make a significant difference in your case.
• Understand Potential Defenses: Legal strategies may include challenging the legality of the search or seizure, arguing lack of knowledge or possession, disputing whether the item qualifies as a firearm under state law, or claiming self-defense in certain situations.

Potential Consequences

• Felony convictions can mean prison time, loss of firearm rights, and a permanent criminal record, especially if the charge is a VFO (Violent Felony Offender)
• Judges may set bail even for first-time offenders, and out-of-state licenses are not recognized in New York City.

Key Takeaways for Potential Clients

• New York’s gun laws are aggressively enforced and frequently updated-what was legal yesterday may not be today.
• Even minor mistakes, like traveling with a firearm licensed in another state, can result in felony charges.
• Immediate, knowledgeable legal representation is critical to protect your rights and explore every possible defense. 

Some Defenses Available for Gun Possession Charges in NYC

Clients facing gun possession charges in New York City have several potential defenses, depending on the circumstances of their arrest and the nature of the evidence:

1. Illegal Search and Seizure

• If law enforcement obtained the firearm through an unlawful search or seizure-such as searching without a valid warrant or probable cause-the defense can move to suppress the evidence. If successful, this can lead to dismissal or reduction of charges.

2. Lack of Knowing Possession

• The prosecution must prove that the defendant knowingly possessed the firearm. If the gun was found in a location not under the defendant’s control, or if the defendant was unaware of its presence (e.g., in a borrowed car or hidden area), the defense can argue lack of knowledge or control.

3. Insufficient Evidence

• If the prosecution cannot prove every element of the charge beyond a reasonable doubt-such as the operability of the weapon or the defendant’s intent-the defense can challenge the sufficiency of the evidence and seek dismissal.

4. Not a Firearm Under the Law

• New York law has specific definitions for what constitutes a firearm. If the weapon in question does not meet these criteria or is inoperable, the defense can argue that the item does not qualify as a firearm under state law.

5. Self-Defense or Justification

• In rare cases, if the firearm was possessed or used in self-defense or defense of others, the defense may argue that the actions were legally justified under the circumstances.

6. Entrapment

• If law enforcement induced or coerced the defendant into possessing the firearm, the defense may argue entrapment, asserting that the crime would not have occurred without government involvement.

7. Lawful Purpose or Mistaken Identity

• If the defendant had a lawful reason for possessing the firearm (such as for recreational use, with proper documentation), or if there is evidence of mistaken identity, these can be raised as defenses.

8. Procedural Errors

• Any mistakes or violations of rights during the arrest or investigation process may be grounds for challenging the prosecution’s case.

9.  Chain of Custody

•   It should be unbroken and consistent.

The prosecutor only knows the charges–they don’t know you. One of things I do is concentrate on the positives and anything sympathetic in my client’s biography. My office will discuss with you all the documentation you need for me to argue your good character and why the DA’s office should cut you a break.