New YorkGun and Weapon Possession Lawyer

Criminal Possession of a Weapon (CPW) charges in New York carry severe consequences including mandatory prison sentences, permanent felony records, and federal firearms disabilities. New York maintains some of the strictest weapons laws in the nation, and prosecutors pursue these cases aggressively regardless of the defendant's intent or background. Immediate legal representation is critical to protecting your rights and future.

At the Law Offices of Matthew Cohan, we provide experienced defense representation for clients facing weapons possession charges throughout New York City and surrounding counties. We understand the complexities of Penal Law Article 265 and how to challenge weapons cases effectively.

Understanding New York's Weapon Possession Laws

Weapons possession crimes in New York are governed primarily by Penal Law Article 265, which covers a wide range of prohibited items including firearms, certain knives, electronic stun guns, metal knuckles, and other dangerous instruments. These charges are complex and vary significantly based on the type of weapon, whether the weapon was loaded, where it was possessed, and the defendant's prior criminal history.

New York has no reciprocity for out-of-state handgun permits. Even if you possess a valid concealed carry permit from another state, possessing a firearm in New York without a specific New York license constitutes a felony offense.

Common Weapons Possession Charges

The severity of CPW charges is graded by degree, with penalties increasing as the degree decreases (Second Degree is more serious than Fourth Degree).

Criminal Possession of a Weapon in the Fourth Degree (PL § 265.01)

Classification: Class A misdemeanor

Penalties: Up to 1 year in jail, 3 years probation, permanent criminal record

Common circumstances:

• Possession of certain "per se" weapons (switchblades, gravity knives, metal knuckles, pilum ballistic knives, cane swords)
• Possession of any weapon with intent to use unlawfully against another person
• Possession of a firearm by someone under 16 years old
• Possession of a rifle or shotgun by someone with certain prior convictions

Criminal Possession of a Firearm (PL § 265.01-b)

Classification: Class E felony

Penalties: Up to 4 years in state prison, 5 years probation

Elements: Unlawful possession of any pistol or revolver where no aggravating factors exist that would elevate the charge to a higher felony. This charge applies to unloaded firearms or firearms possessed without the additional circumstances that trigger more serious charges.

Criminal Possession of a Weapon in the Third Degree (PL § 265.02)

Classification: Class D felony

Penalties: Up to 7 years in state prison (indeterminate sentence of 2 to 7 years for first-time offenders)

Common circumstances:

• Possessing any firearm after having been convicted of any felony or serious offense
• Possessing three or more firearms
• Possessing an "assault weapon" as defined by New York law
• Possessing a large capacity ammunition feeding device (magazines holding more than 10 rounds)
• Possessing a loaded firearm without valid license outside home or place of business (when not elevated to Second Degree)
• Possessing a disguised gun
• Possessing a defaced firearm

Criminal Possession of a Weapon in the Second Degree (PL § 265.03)

Classification: Class C violent felony

Penalties: 3.5 to 15 years in state prison with mandatory minimum (no probation available)

Post-release supervision: 2.5 to 5 years mandatory

Common circumstances:

• Possessing a loaded firearm (pistol or revolver) outside home or place of business without valid New York license
• Possessing five or more firearms
• Possessing a machine gun
• Possessing a disguised gun
• Possessing a loaded firearm with intent to use unlawfully against another person
• Possessing an assault weapon

Critical distinction: Second Degree requires the firearm to be loaded (one round in the chamber or magazine) when possessed outside the home or place of business. An unloaded firearm in the same circumstances would typically be charged as Third Degree CPW.

Criminal Possession of a Weapon in the First Degree (PL § 265.04)

Classification: Class B violent felony

Penalties: 5 to 25 years in state prison with 5-year mandatory minimum

Elements: Possessing ten or more firearms, or possessing an explosive substance with intent to use unlawfully against another person or property.

Enhanced Penalties for Prior Offenders

Second felony offender (predicate felon):

• CPW Third Degree: Minimum 2 years, maximum 7 years
• CPW Second Degree: Minimum 5 years, maximum 15 years

Persistent felony offender:

• Mandatory minimum increases substantially
• Maximum sentence can reach 25 years to life depending on predicate convictions

Consequences Beyond Incarceration

Mandatory Minimum Prison Sentences

Second Degree CPW and First Degree CPW carry mandatory minimum prison sentences. Judges have no discretion to impose probation, conditional discharge, or any non-prison alternative. Even first-time offenders with no criminal history face mandatory incarceration upon conviction.

Permanent Felony Record

Felony weapons convictions result in permanent criminal records that cannot be sealed under CPL 160.59 (which excludes violent felonies) and cannot be expunged. This permanent record impacts:

• Employment opportunities and professional licensing
• Housing applications and rental approvals
• Educational opportunities and financial aid
• Firearm possession rights (federal lifetime ban)
• Voting rights (restricted while incarcerated)
• Professional licenses in medicine, law, finance, real estate, and other regulated fields

Immigration Consequences

For non-citizens, weapons possession convictions constitute aggravated felonies under federal immigration law, resulting in:

• Mandatory detention by ICE
• Deportation proceedings
• Inadmissibility to the United States
• Ineligibility for most forms of relief from removal

Federal Firearms Disability

Any weapons conviction triggers lifetime prohibition on firearm possession under federal law (18 U.S.C. § 922(g)), preventing gun ownership nationwide even if state rights are eventually restored.