Gun Possession Lawyer

If you are facing gun possession charges in New York State or NYC, you are up against some of the toughest gun laws in the country. New York prosecutors pursue these cases with extreme vigor, often seeking mandatory minimum prison sentences even for first-time offenders. At the Law Offices of Matthew Cohan, we offer the critical advantage of having a former prosecutor on your side, providing unique insight into how the District Attorney's office builds and tries these cases.

Types of New York Firearm Possession Offenses

New York Penal Law Article 265 covers a range of firearms offenses, distinguished primarily by the type of weapon involved and whether it was loaded, unlicensed, or possessed with criminal intent.

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

This is a Class E Felony carrying up to 4 years in state prison. It applies to the simple, unlicensed possession of an operable firearm (pistol or revolver) outside of one's home or place of business. This charge was elevated from a misdemeanor after the NY SAFE Act and now carries state prison exposure.

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

This is a Class D Felony carrying up to 7 years in state prison. This charge commonly applies when:

• An individual possesses a firearm and has a prior conviction (the "bump-up" rule)
• An individual possesses an assault weapon
• An individual possesses three or more firearms
• An individual possesses a high-capacity ammunition feeding device (magazine holding more than 10 rounds)

The existence of any prior criminal conviction, even an unrelated misdemeanor, can elevate a lower-level weapon charge to this felony under the bump-up provision.

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

This is the most common serious charge, classified as a Class C Violent Felony. Penalties include a mandatory minimum of 3.5 years and up to 15 years in state prison.

This charge typically applies when:

• An individual possesses a loaded firearm outside of their home or place of business without a valid New York license
• An individual possesses a loaded firearm with intent to use it unlawfully against another person
• An individual possesses a machine gun or disguised gun with intent to use it unlawfully

Critical Note: New York does not recognize out-of-state gun permits. Even if you have a valid carry permit from Florida, Texas, Pennsylvania, or any other state, possessing a loaded firearm in New York without a New York license is a felony. This makes CPW 2nd a common charge for travelers who lawfully possess firearms in their home states.

What "Loaded" Means: Under New York law, a firearm is considered "loaded" even if there are no bullets in the chamber or magazine, as long as the ammunition is in close proximity such that the gun could be quickly loaded. This means having an unloaded gun in your glove compartment with ammunition in your pocket can still result in a loaded firearm charge.

Intent to Use: For charges involving "intent to use unlawfully," New York courts allow juries to infer intent from the mere possession of a loaded firearm. The prosecution does not need to prove you actually pointed the gun at someone or made threats. Simply possessing a loaded firearm in public can be sufficient for the jury to conclude you intended to use it unlawfully.

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

This is a Class B Violent Felony carrying 5 to 25 years in state prison. This charge is reserved for the most serious offenses, including:

• Possessing an explosive substance with intent to use it unlawfully
• Possessing ten or more firearms
• Possessing certain explosive devices or machine guns

Severe Penalties for a New York Gun Conviction

A conviction for a felony firearm offense in New York carries devastating and long-lasting consequences:

Mandatory Prison Time

For violent felony charges like CPW 2nd Degree (loaded gun), judges are required to impose mandatory minimum prison sentences. There is no discretion to sentence you to probation instead. The mandatory minimums are:

• CPW 2nd Degree: 3.5 years minimum (15 years maximum)
• CPW 3rd Degree (when classified as violent felony): 2 years minimum (7 years maximum)
• CPW 1st Degree: 5 years minimum (25 years maximum)

If you have prior felony convictions, these minimums increase substantially. A prior violent felony conviction can increase the minimum to 5 or 7 years depending on your criminal history.

Permanent Felony Record

A felony conviction is permanent and cannot be sealed in most circumstances. This will severely impact your ability to:

• Obtain employment (background checks will reveal the violent felony)
• Secure professional licenses (many professions bar felons)
• Find housing (landlords routinely reject applicants with felony records)
• Exercise voting rights (felons lose voting rights while incarcerated)
• Own or possess firearms (lifetime ban)

Post-Release Supervision

In addition to prison time, you will face mandatory post-release supervision ranging from 1.5 to 5 years, during which you must comply with strict conditions including regular reporting, random searches, and other restrictions.

Immigration Consequences

For non-citizens, any weapons conviction, especially a violent felony, can trigger deportation proceedings, bar re-entry into the United States, or prevent naturalization. Firearms offenses are considered aggravated felonies under immigration law, making deportation virtually certain.

The Advantage of a Former Prosecutor As Your Defense Attorney

When your freedom is on the line, you need more than just a lawyer. You need a strategist who knows the playbook of the opposition. Our firm leverages the invaluable experience of a former prosecutor who has spent years on the other side of the courtroom, personally handling complex gun possession cases in New York.

Insider Knowledge: We understand exactly how the District Attorney's office evaluates evidence, the weaknesses they look for in police reports, and the mandatory minimum sentencing rules that drive their plea negotiations. We anticipate the prosecution's strategy before they employ it.

Targeted Defense: We don't just react to the charges. We preemptively challenge the core of the state's case by scrutinizing the legality of police stops, challenging the definition of "loaded," and dismantling the element of "knowing possession."

Effective Negotiation: Knowing the internal pressures and thresholds of the prosecution allows us to negotiate from a position of strength, often leading to reduced charges, avoidance of mandatory minimums, or alternative sentencing programs where possible.

Key Defense Strategies

Our defense approach targets the prosecution's weakest points:

Illegal Search and Seizure: The Fourth Amendment protects against unreasonable searches. If police stopped, frisked, or searched you without proper legal justification, any evidence obtained may be suppressed, often resulting in dismissal of charges.

Lack of Knowing Possession: Prosecutors must prove you knowingly possessed the firearm. In cases involving constructive possession (firearms found in shared vehicles or apartments), we challenge whether you actually knew the gun was present or had control over it.

Home or Business Exception: The statute specifically permits possession of loaded firearms in your home or place of business. We investigate whether the location qualifies for this exemption.

Challenging "Loaded" Status: We scrutinize whether the firearm and ammunition were sufficiently proximate to meet the legal definition of "loaded" under New York law.

Why Immediate Legal Representation Is Critical

If you are facing firearms charges in New York, immediate action is essential:

• Evidence must be preserved and witnesses identified quickly
• Constitutional challenges to illegal searches must be raised early through pretrial motions
• Your statements to police can and will be used against you
• The prosecution's approach becomes more entrenched as time passes

Many individuals facing gun charges make the critical mistake of speaking to police without an attorney, believing they can "explain the situation." These statements are almost always used against them at trial.

Contact Us Today

If you are facing firearms charges in New York City or anywhere in the state, contact the Law Offices of Matthew Cohan immediately for a free, confidential consultation.

Your choice of defense counsel is the most critical decision you will make. With mandatory minimum sentences and permanent felony consequences on the line, you need an experienced defense attorney who understands both sides of the courtroom.

Call us today to put our former prosecutor experience to work for you.