Consequences of a Weapons Charge

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Practice Areas: DUI and DWI

New York has some of the strictest gun laws in the country. Some would argue that this is the reason why New York ranks 45th in the country in crimes involving firearms. This article will cover the overall gun laws in New York, as well as some of the most common weapons charges in the state.

No matter the nature of the offense, a criminal charge can have long-term effects on an individual’s life. An individual with a criminal record not only faces jail time, but also may lose employment, housing, and educational opportunities. In addition, the severity of charges can be increased when a weapon is involve, in addition to the charge of possession of the weapon itself.


New York Gun Laws

The State of New York has some of the strictest gun laws in the United States. Non-residents of New York may not transport, carry, or possess a handgun in New York without a license from the state.

Regulations on rifles and shotguns are looser in the State of New York than in NYC. In NYC, rifle and shotgun owners are required to have a permit, registration, and licensing. NYC residents are also required to have a conceal or carry permit, unlike the rest of the state.

In the case of handguns, all residents of the State of New York are required to get a permit, registration, license, and carry permit.

Any owner of an assault weapon owned before January 15, 2013, is required to register or sell the firearm.

In order to have a gun in the home or a place of business, an individual is required to have a license from the state. The license will specify where it is legal to carry the gun. In order to take the gun out of the house, an individual must show proper cause (which is specified in the licensing process).

Weapon Offenses in New York

Here are a few of the more common weapon offenses in the State of New York, along with the associated maximum available penalties:


  • Carrying a weapon
    This is a class A misdemeanor, with a maximum of one year in jail and a $1,000 fine.
  • Carrying a firearm on school grounds
    This is a class E felony, with a maximum of four years in jail and a $5,000 fine.


  • Having a prior criminal conviction and possessing a weapon
    This is a class D felony, with a maximum of seven years in prison and a $5,000 fine.


  • Possession of a loaded firearm or machine-gun
    This is a class C felony, with a maximum of 15 years in prison and a $5,000 fine.


  • Possession of an explosive with the intent to use it against another, or possession of 10 or more firearms
    This is a class B felony, with a maximum of 25 years in prison.


What if You’ve Been Arrested?

If you are arrested for a gun-related offense, the most important thing is that you don’t incriminate yourself any further. Many people are tempted to resist arrest or try to talk the officer out of making the arrest. This is a mistake. Resisting arrest is dangerous, and trying to talk the officer out of making the arrest is far more likely to incriminate you further than it is to get them to change their mind. You have the right to remain silent. Use it.

After the arrest, it’s time for you to think about your strategy to defend yourself. Talk to a good attorney to get your defense together. The Law Office of Michael D. Litman offers a free consultation so you can find out more information about your case, and what your options are. This is a good first step in building your defense to the charges.


Contact Us

Since 2014, the Law Office of Michael D. Litman has been representing the criminal defense needs of the citizens of White Plains, Westchester County and the New York Metro area. With attorney Michael Litman defending his clients since 2007, we have the knowledge and the experience to help with all your DWI defense needs. If you have questions or need to set up a consultation, contact us online or call us today. Our firm will work with you from the arraignment all the way through to the trial.


From the Author: Weapons Charges Defense