Gun Possession Lawyer New York, NY
Facing a gun possession charge in New York City can bring immediate concern about jail time, a permanent criminal record, and the long-term impact on your career and immigration status. New York’s Penal Law treats weapon offenses seriously, and Manhattan, Brooklyn, Queens, the Bronx, and Staten Island each have dedicated courtrooms where prosecutors vigorously pursue these cases. At Law Offices Of SRIS, P.C., Mr. Sris, a former prosecutor, and the firm’s Of Counsel attorneys represent individuals charged with criminal possession of a weapon throughout the five boroughs and the surrounding downstate region. The firm has served clients since 1997 and brings extensive combined legal experience to gun-possession defense. Mr. Sris and the firm’s Of Counsel attorneys work to build a focused defense, whether the charge is a misdemeanor or a felony carrying years of imprisonment. For a consultation about your situation, contact our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Gun Possession Means in New York, NY
New York’s weapon-possession laws are codified in Article 265 of the Penal Law. A “criminal possession of a weapon” charge covers a range of conduct: carrying a loaded firearm outside your home or place of business without a valid New York City permit, possessing a firearm after a prior conviction, possessing a weapon on school grounds, or possessing an illegal weapon such as a switchblade, brass knuckles, or an undetectable firearm. Because New York City requires a separate pistol license—and most New York State permits do not authorize possession within the five boroughs—an otherwise lawfully owned handgun can result in arrest when brought into NYC. The penalty classification turns on the specific weapon, the individual’s criminal history, and the location where the weapon was found. Misdemeanor charges, including Criminal Possession of a Weapon in the Fourth Degree, are prosecuted in the NYC Criminal Court (for example, Manhattan Criminal Court at 100 Centre Street, or the Brooklyn, Queens, Bronx, and Staten Island Criminal Courts). Felony charges—Second or Third Degree Criminal Possession of a Weapon—are handled in the Criminal Term of the corresponding Supreme Court.
Because New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies, many individuals arrested for gun possession are released on their own recognizance or with conditions after arraignment. Nonetheless, a weapon charge can still result in a desk appearance ticket or a bail application if the charge is a qualifying violent felony. A conviction carries significant consequences: a Class A misdemeanor carries up to one year in jail; felony classes range from Class E (1-4 years, with probation eligibility) up to Class B violent felony (5-25 years). The prosecution must prove knowing possession, and an experienced defense team scrutinizes the legality of the stop, the search, and the handling of evidence. In many first-offense cases, an Adjournment in Contemplation of Dismissal (ACD) may be available—charges are adjourned for six to twelve months and then dismissed if the individual stays out of trouble. Law Offices Of SRIS, P.C. has handled criminal matters across New York; firm-wide, Mr. Sris and the firm’s Of Counsel attorneys have documented case results across all practice areas. Results may vary.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Gun Possession Cases
When a client contacts Law Offices Of SRIS, P.C. about a gun possession arrest in New York City, Mr. Sris and the firm’s Of Counsel attorneys begin by securing a complete picture of the arrest, the evidence, and the individual’s background. Every case is an opportunity to examine whether law enforcement acted within constitutional bounds: a weapon found after an improper stop or an impermissible search may be subject to suppression, which can lead to dismissal or a significant reduction of the charges. Because Mr. Sris practiced as a prosecutor before founding the firm, he brings insight into how the District Attorney’s office evaluates weapon cases—what evidence is relied upon, how prior contacts are weighed, and where negotiation is most effective. The firm’s Of Counsel attorneys collaborate on this analysis to identify weaknesses in the prosecution’s case.
The defense strategy also considers the client’s immigration status, professional licensing, and any collateral consequences. Where the facts support it, the firm advocates for an ACD, a downgraded charge, or a sentence that avoids incarceration. If the case proceeds to trial, the team presents a thorough challenge to the prosecution’s evidence, cross-examines witnesses, and argues the defense theory to a jury. Throughout the process, clients are kept informed about court dates, developments, and realistic options. To discuss the specifics of a gun possession charge, contact our firm at (888) 437-7747.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who concentrates his practice on criminal defense, including weapon-possession matters in New York and the firm’s other admitted jurisdictions. He founded the firm in 1997 and is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. His experience in the courtroom—from both the prosecution and defense perspectives—gives him a practical understanding of how gun-possession cases unfold in New York’s trial courts.
The firm’s Of Counsel attorneys bring extensive combined legal experience and further depth to the defense of criminal charges. They work alongside Mr. Sris on case analysis, motion practice, and trial preparation. Together, Mr. Sris and the firm’s Of Counsel attorneys offer a multi-state capability that is particularly valuable for individuals whose weapon charges intersect with out-of-state permits, federal background checks, or cross-border travel. All consultations are by appointment, and the firm’s phones are answered twenty-four hours a day. To reach Mr. Sris and the firm’s Of Counsel attorneys about a New York gun-possession case, call (888) 437-7747.
Frequently Asked Questions
What are the penalties for criminal possession of a weapon in New York City?
A conviction for Criminal Possession of a Weapon in New York can result in a jail term that ranges from up to one year for a Class A misdemeanor to 25 years for a Class B violent felony. The specific penalty depends on the degree of the charge, the type of weapon, and the individual’s criminal history. For example, a first-time, non-violent misdemeanor may carry a conditional discharge or probation, while a felony conviction for possessing a loaded firearm outside the home can mean a state prison sentence. Immigration and firearms-rights consequences can attach even to a non-jail disposition. Consult an experienced defense attorney to understand the exposure in your case.
Can gun possession charges be dropped in New York?
Yes, gun possession charges can be dropped or reduced when the defense identifies a constitutional violation, evidentiary weakness, or when the individual qualifies for a dismissal program such as an ACD. If the police conducted an unlawful stop or search, the weapon evidence may be suppressed, and the prosecution may not proceed. In other cases, negotiations with the District Attorney’s office can lead to a lower charge or a dismissal conditioned on community service, treatment, or a clean record period. Having an attorney who understands New York criminal procedure is important from the earliest stage.
What is an ACD in a New York gun possession case?
An Adjournment in Contemplation of Dismissal (ACD) is a New York disposition where the court delays the case for six to twelve months, and if the individual has no new arrests during that time, the charges are automatically dismissed and the record can be sealed. An ACD is often available for first-offense misdemeanor weapon charges and, in some circumstances, for eligible felony cases. Once the ACD period expires successfully, the case is considered a nullity for most purposes. An attorney can explain whether an ACD is a realistic outcome
Do I need a lawyer for a gun possession charge in New York?
Yes, retaining a defense attorney as soon as possible after a gun possession arrest in New York City helps protect your rights, develop a defense, and avoid decisions that can damage your case. Even a misdemeanor conviction can affect employment opportunities, professional licensing, immigration status, and your ability to possess firearms in the future. An experienced lawyer can motion to suppress improperly obtained evidence, negotiate with the prosecutor, and pursue a dismissal or reduction. Do not discuss the facts with anyone except your attorney.
How does bail work for gun possession charges in NYC?
Under New York’s 2020 bail reform, most misdemeanor weapon charges and many non-violent felony weapon charges are not bail-eligible, meaning the individual is released without posting cash bail. However, a small number of qualifying violent felony gun charges may still result in bail being set. In those cases, a judge considers factors such as the individual’s ties to the community, prior bench warrants, and the seriousness of the allegation. A defense attorney can argue for release on recognizance or the least restrictive conditions at arraignment.
How do I find a gun possession lawyer in New York City?
Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation about your gun possession charge in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island. Mr. Sris and the firm’s Of Counsel attorneys represent clients throughout New York City and the surrounding counties. The firm has been practicing since 1997 and offers defense in both the Criminal Court and Supreme Court. Phones are answered responsive. For guidance on your specific situation, reach our firm at (888) 437-7747.
New York Legal Resources:
- New York Penal Law (Article 265 — Firearms and Other Dangerous Weapons)
- New York Criminal Procedure Law
- New York County Supreme Court — Manhattan
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.