Weapon Possession Attorney

Weapon Possession Defense Attorney in Suffolk County, New York

Being charged with weapon possession in Suffolk County is an extremely serious matter that can result in mandatory prison sentences, substantial fines, and a permanent felony conviction on your record. New York has some of the strictest weapon laws in the nation, and prosecutors aggressively pursue these charges. Even lawful gun owners can face severe criminal penalties for technical violations of complex regulations. Attorney Michael Brown is Suffolk County’s most experienced weapon possession defense lawyer, with a proven track record of successfully defending clients against all types of weapon possession charges.

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Understanding New York’s Weapon Possession Laws

New York’s weapon laws are among the most stringent in the United States. The state regulates not only firearms but also a wide range of other weapons including knives, martial arts weapons, electronic stun guns, and more. What makes New York’s laws particularly harsh is that many weapon possession offenses carry mandatory minimum prison sentences, meaning judges have no discretion to impose probation or lesser sentences even for first-time offenders with no criminal history.

The primary weapon possession offenses are defined in Article 265 of the New York Penal Law. These laws distinguish between different types of weapons, the circumstances of possession, and the defendant’s criminal history and intent.

Firearm Possession Offenses

Criminal Possession of a Weapon in the Fourth Degree

Criminal Possession of a Weapon in the Fourth Degree, under New York Penal Law § 265.01, is a Class A misdemeanor. This is the least serious weapons charge but still carries significant consequences. A person is guilty of this offense when they:

Possess a Firearm: Possess any firearm. This applies broadly and includes situations where someone possesses a firearm without proper licensing, even if they have no criminal intent.

Possess Certain Other Weapons with Intent: Possess any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, undetectable knife, or certain other specified weapons with intent to use unlawfully against another person.

Possess Weapons on School Grounds: Possess a rifle, shotgun, or firearm on school grounds (with certain exceptions for authorized personnel).

Possess Other Prohibited Items: Possess billy clubs, blackjacks, bludgeons, chuka sticks, metal knuckles, sandbags, sandclubs, slingshots, certain martial arts weapons, or electronic dart guns/stun guns.

Penalties for Fourth-Degree Weapon Possession

A conviction carries:

Jail Time: Up to one year in county jail
Probation: Up to three years
Fines: Fines and surcharges
Criminal Record: A permanent misdemeanor conviction
Firearm Prohibition: Loss of ability to possess firearms

Criminal Possession of a Weapon in the Third Degree

Criminal Possession of a Weapon in the Third Degree, under New York Penal Law § 265.02, is a Class D violent felony. This charge applies in numerous circumstances, including when a person:

Possesses Prohibited Weapons: Possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine gun, or any other dangerous or deadly weapon with intent to use unlawfully.

Possesses Three or More Firearms: Possesses three or more firearms. Even if each firearm is legally owned, possessing three or more simultaneously can trigger this charge under certain circumstances.

Possesses a Firearm and Has Prior Conviction: Possesses any firearm and has been previously convicted of a felony or serious offense. This provision makes it illegal for convicted felons to possess any firearm.

Possesses Assault Weapons or Large Capacity Magazines: Possesses an assault weapon as defined by New York law, or possesses a large capacity ammunition feeding device (magazines holding more than ten rounds, with certain exceptions).

Possesses Disguised Guns: Possesses any disguised gun, including cane guns, umbrella guns, or firearms designed to look like other objects.

Possesses Armor-Piercing Ammunition: Possesses armor-piercing ammunition with intent to use unlawfully.

Possesses Firearms Outside of Home or Business: Possesses a loaded firearm outside of their home or place of business. This is one of the most commonly charged provisions and applies even to licensed gun owners who transport loaded firearms improperly.

Possesses Unregistered Firearms Under SAFE Act: Possesses a firearm that should have been registered under the New York SAFE Act but was not properly registered.

Penalties for Third-Degree Weapon Possession

A conviction carries severe consequences:

Prison Time: 2 to 7 years in state prison (determinate sentence)
Mandatory Minimum: In many circumstances, particularly for loaded firearms, there is a mandatory minimum sentence of 3.5 years
Post-Release Supervision: 1.5 to 3 years mandatory supervision after release
Violent Felony Classification: Designated as a violent felony offense
Substantial Fines: Up to $5,000 plus surcharges
Permanent Felony Record: Lifelong impact on employment, housing, and civil rights
Firearm Prohibition: Permanent prohibition on firearm possession

Criminal Possession of a Weapon in the Second Degree

Criminal Possession of a Weapon in the Second Degree, under New York Penal Law § 265.03, is a Class C violent felony. This more serious charge applies when a person:

Possesses Loaded Firearms with Intent: Possesses any loaded firearm with intent to use unlawfully against another person.

Possesses Machine Guns or Loaded Firearms with Prior Felony: Possesses a machine gun, or possesses any loaded firearm and has been previously convicted of a felony or serious offense.

Possesses Five or More Firearms: Possesses five or more firearms.

Possesses Disguised Guns on School Grounds: Possesses any disguised gun on school grounds.

Possesses Loaded Firearms and Commits Drug Trafficking: Possesses a loaded firearm and commits a drug trafficking felony simultaneously.

Possesses Firearms During Violent Felonies: Possesses any loaded firearm while committing or attempting to commit certain violent felonies including burglary, robbery, kidnapping, or arson.

Possesses Defaced Firearms: Possesses any firearm with a defaced serial number with knowledge that the serial number has been removed or defaced.

Penalties for Second-Degree Weapon Possession

A conviction results in:

Prison Time: 3.5 to 15 years in state prison (determinate sentence)
Mandatory Minimum: Typically 3.5 years minimum, with 5-year minimum for certain circumstances
Post-Release Supervision: 2.5 to 5 years mandatory supervision
Violent Felony Designation: Serious violent felony classification
Fines: Up to $5,000 plus substantial surcharges
Permanent Violent Felony Record: Devastating lifelong consequences
Immigration Consequences: Likely deportation for non-citizens

Criminal Possession of a Weapon in the First Degree

Criminal Possession of a Weapon in the First Degree, under New York Penal Law § 265.04, is a Class B violent felony—one of the most serious weapons charges in New York. A person is guilty of this offense when they:

Possesses Explosives with Intent: Possesses any explosive substance with intent to use unlawfully against another person or property.

Possesses Ten or More Firearms: Possesses ten or more firearms.

Penalties for First-Degree Weapon Possession

A conviction carries the harshest penalties:

Prison Time: 5 to 25 years in state prison (determinate sentence)
Mandatory Minimum: Substantial mandatory minimum prison sentence
Post-Release Supervision: 2.5 to 5 years mandatory supervision
Class B Violent Felony: The most serious weapons classification
Massive Financial Penalties: Fines up to $5,000 plus extensive surcharges
Life-Altering Consequences: Permanent violent felony conviction destroying future opportunities
Immigration: Virtually certain deportation for non-citizens

Criminal Possession of a Firearm

In addition to the general weapon possession charges, New York Penal Law § 265.01-b specifically addresses Criminal Possession of a Firearm, which is a Class E felony. A person is guilty when they possess any firearm and:

They are not authorized to possess such firearm, or
They have been convicted of a felony or serious offense

This charge applies even to unloaded firearms and was created to address firearm possession by individuals prohibited from possessing guns.

Penalties for Criminal Possession of a Firearm

A conviction carries:

Prison Time: Up to 4 years in state prison
Probation: Possible probation for first-time offenders in some circumstances
Fines: Substantial fines and surcharges
Felony Record: Permanent felony conviction
Firearm Prohibition: Lifetime ban on firearm possession

Criminal Use of a Firearm Offenses

Beyond mere possession, New York also criminalizes using firearms during the commission of other crimes:

Criminal Use of a Firearm in the Second Degree

Under New York Penal Law § 265.08, a person commits this Class C felony when they commit any class C violent felony and display what appears to be a firearm, rifle, or shotgun during the commission of the crime.

Criminal Use of a Firearm in the First Degree

Under New York Penal Law § 265.09, a person commits this Class B felony when they commit any class B violent felony offense and display what appears to be a firearm, rifle, or shotgun during the commission of the crime, or when they possess and display a machine gun, loaded firearm, or firearm that appears to be operable during commission of certain class C, D, or E felonies.

These charges carry:

Second Degree: 3.5 to 15 years in prison
First Degree: 5 to 25 years in prison
Consecutive Sentences: These sentences typically run consecutive to (in addition to) sentences for underlying crimes

Licensing and Registration Requirements

New York requires licenses for handgun possession and has strict registration requirements following the SAFE Act:

Pistol License Requirements

To lawfully possess a handgun in New York, you must have a valid pistol license issued by your county. There are different types of licenses:

Premises License: Allows possession only at home or business
Carry Concealed License: Allows carrying concealed (subject to restrictions)
Target/Hunting License: Allows possession for specific purposes

Possessing a handgun without a valid license is a felony, even in your own home.

SAFE Act Registration

The NY SAFE Act of 2013 requires registration of certain firearms classified as “assault weapons” and prohibits possession of magazines capable of holding more than ten rounds (with limited exceptions). Failure to register required firearms or possession of prohibited magazines can result in criminal charges.

Out-of-State Licenses

New York does not recognize pistol licenses from other states. Even if you have a valid concealed carry permit from another state, you cannot legally possess a handgun in New York without a New York license. Many travelers have been arrested and prosecuted for unknowingly violating this law.

Non-Firearm Weapon Possession

New York law also regulates possession of various non-firearm weapons:

Prohibited Knives and Bladed Weapons

Possession of gravity knives, switchblade knives, pilum ballistic knives, metal knuckle knives, or cane swords is illegal. The definition of “gravity knife” has been particularly controversial, as it has been interpreted broadly to include many common folding knives.

Recent reforms have narrowed the definition of gravity knives, but possession of certain knives remains criminal, particularly when carried with unlawful intent.

Other Prohibited Weapons

New York criminalizes possession of:

Metal knuckles (brass knuckles)
Nunchucks (chuka sticks)
Various martial arts weapons
Electronic stun guns and tasers (unless you meet specific exceptions)
Billies, blackjacks, and similar impact weapons
Slingshots (when possessed with intent to use unlawfully)

Aggravated Offenses

New York law provides enhanced charges when weapons are possessed in certain locations or circumstances:

Criminal Possession of a Weapon on School Grounds

Enhanced penalties apply when weapons are possessed on elementary or secondary school grounds. This includes not only students but anyone who brings weapons onto school property.

Criminal Possession of a Weapon in Restricted Locations

Under the Concealed Carry Improvement Act, even licensed gun owners cannot carry firearms in numerous “sensitive locations” including:

Government buildings
Schools and colleges
Places of worship
Public transportation
Times Square and other specified areas
Private property unless expressly permitted

Violations can result in criminal charges even for licensed gun owners.

Common Defenses to Weapon Possession Charges

As Suffolk County’s most experienced weapon possession defense attorney, Michael Brown employs numerous effective defense strategies:

Unlawful Search and Seizure

Many weapon possession cases result from unconstitutional searches. Attorney Brown challenges:

Traffic stops lacking reasonable suspicion or probable cause
Warrantless searches of vehicles, homes, or persons
Searches exceeding the scope of consent
Pretextual stops used to search for weapons
Failure to obtain proper search warrants

If evidence is obtained through illegal searches, it must be suppressed, often resulting in dismissal.

Lack of Possession

Prosecutors must prove you possessed the weapon. Attorney Brown can demonstrate:

The weapon belonged to someone else
You had no knowledge the weapon was present
The weapon was not in your control
Multiple people had access to where the weapon was found

In vehicle cases, mere presence in a car where a weapon is found does not automatically prove possession.

Lack of Knowledge

For many charges, prosecutors must prove you knew you possessed the weapon. Attorney Brown can show:

You were unaware the item was in your bag, car, or property
Someone else placed the weapon there without your knowledge
You did not know the item constituted a prohibited weapon

Lawful Possession/Valid License

Attorney Brown can demonstrate:

You had a valid license for the firearm
The firearm was properly registered
You were transporting the weapon lawfully
An exception to possession requirements applies

Constitutional Challenges

Some weapon laws face constitutional challenges under the Second Amendment. Attorney Brown stays current on evolving constitutional law and raises appropriate challenges when applicable.

Misidentification of Weapon

Sometimes items are misidentified as prohibited weapons. Attorney Brown can show:

An item does not meet the legal definition of a weapon
A knife is not a prohibited type
A firearm is antique or otherwise exempt
The item is a tool, not a weapon

Procedural Defenses

Attorney Brown examines whether:

Charges were properly filed within statute of limitations
Grand jury proceedings were conducted properly
Indictments are legally sufficient
Your rights were violated at any stage

Negotiating Reduced Charges

Even in challenging cases, Attorney Brown’s experience often results in:

Reduction from felony to misdemeanor charges
Reduction to lesser degrees of weapon possession
Dismissal through plea to non-criminal violations
Alternatives to incarceration, such as probation or conditional discharge
Adjournment in contemplation of dismissal (ACD) resulting in eventual dismissal

Five Reasons Attorney Michael Brown Is Your Best Choice for Weapon Possession Defense

Unparalleled Experience in Weapon Cases: As Suffolk County’s most experienced weapon possession defense attorney, Michael Brown has successfully defended hundreds of clients against weapon charges ranging from misdemeanor fourth-degree possession to serious first-degree felony charges involving multiple firearms, machine guns, and weapons used during other crimes. His deep knowledge of New York’s complex weapon laws and mandatory sentencing provisions enables him to identify defenses others miss and craft winning strategies.
Expertise in Fourth Amendment Search and Seizure Law: The majority of weapon possession cases involve searches of persons, vehicles, or homes. Attorney Brown is a recognized expert in Fourth Amendment law and has successfully suppressed weapon evidence in countless cases by demonstrating illegal searches and seizures. His meticulous examination of police conduct, search warrants, and constitutional procedures has resulted in dismissals of cases that appeared unwinnable, making suppression motions one of his most powerful defense tools.
Understanding of Technical Licensing Issues: New York’s firearms licensing and registration requirements are extraordinarily complex, and many charges arise from technical violations by otherwise law-abiding gun owners. Attorney Brown has extensive experience with pistol licensing issues, SAFE Act compliance questions, interstate transport regulations, and other technical aspects of firearms law. He can often resolve cases by demonstrating licensing defenses or technical compliance that prosecutors and less experienced attorneys overlook.
Strategic Sentencing Advocacy: Weapon possession charges frequently carry mandatory minimum sentences, but Attorney Brown’s strategic advocacy can make crucial differences in outcomes. He expertly argues for downward departures when permitted, presents compelling mitigation evidence, challenges sentencing enhancement allegations, and pursues alternative programs like youthful offender status for eligible defendants. His relationships with judges and knowledge of sentencing practices in Suffolk County courts are invaluable for clients facing potential mandatory prison terms.
Comprehensive Multi-Jurisdictional Experience: Weapon cases sometimes involve federal charges, out-of-state licenses, interstate transport issues, or concurrent prosecution in multiple jurisdictions. Attorney Brown has experience handling federal weapon prosecutions and coordinating defense strategies across jurisdictions. He understands when cases may be better resolved in state versus federal court and how to navigate the complex interplay between state and federal weapon laws.

The Critical Importance of Immediate Representation

Weapon possession cases require immediate legal intervention. Contact Attorney Michael Brown immediately because:

Suppression Opportunities Are Time-Sensitive: Evidence of illegal searches must be preserved quickly. Police reports, body camera footage, and dashcam videos can disappear if not secured promptly. Attorney Brown immediately investigates circumstances of your arrest to identify constitutional violations.

Statements to Police Are Damaging: Many people arrested for weapon possession try to explain themselves to police, often making incriminating statements. Attorney Brown ensures you exercise your right to remain silent and don’t inadvertently damage your defense.

Bail Considerations: Weapon charges often involve high bail or no bail. Attorney Brown advocates for reasonable bail conditions so you’re not incarcerated pretrial while fighting your case.

License Preservation: If you have a pistol license, it may be suspended or revoked. Attorney Brown works to preserve your license rights and address administrative proceedings in addition to criminal charges.

Federal Jurisdiction: Some weapon cases attract federal attention, which can result in even harsher penalties. Early intervention can sometimes prevent federal prosecution.

Understanding the Consequences Beyond Criminal Penalties

Employment Impact

Weapon possession convictions, especially felonies, devastate employment prospects:

Automatic disqualification from jobs requiring firearms or security clearances
Prohibition from law enforcement, security, or military careers
Many employers refuse to hire individuals with weapon convictions
Professional licenses may be revoked or denied
Government employment becomes unavailable

Firearm Rights

Any weapon possession conviction typically results in permanent loss of Second Amendment rights. You will be prohibited from:

Possessing any firearms or ammunition
Obtaining pistol licenses
Hunting with firearms
Engaging in shooting sports
Working in industries involving firearms

Immigration Consequences

For non-citizens, weapon possession convictions often result in:

Deportation proceedings
Denial of naturalization applications
Inadmissibility for visa applications
Loss of legal permanent resident status

Weapon possession offenses are frequently classified as “aggravated felonies” or “crimes involving moral turpitude” under immigration law, triggering severe consequences.

Housing and Education

Weapon convictions affect:

Rental housing applications (landlords deny applicants with weapon convictions)
Public housing eligibility
College admissions
Financial aid eligibility
Dormitory housing

Travel Restrictions

Weapon convictions can affect:

International travel (some countries deny entry)
Domestic air travel (enhanced TSA scrutiny)
Border crossings

Civil Rights

Felony weapon convictions result in:

Loss of voting rights while incarcerated
Ineligibility for jury service
Prohibition on holding public office
Restrictions on certain professional licenses

What to Do If You’re Charged with Weapon Possession

If you’ve been arrested for weapon possession or are under investigation:

Exercise Your Right to Remain Silent: Do not answer police questions about the weapon, how you obtained it, why you had it, or any other details. Politely state: “I want to speak with my attorney and I’m exercising my right to remain silent.”

Do Not Consent to Searches: You have the right to refuse consent to searches. Do not give police permission to search your person, vehicle, home, or phone.

Request an Attorney Immediately: Clearly invoke your right to an attorney. Once you do this, police must stop questioning you.

Preserve Evidence of Lawful Possession: If you believe you had a valid license or lawful reason for possession, preserve all documentation, but provide it only to your attorney, not to police.

Do Not Discuss Your Case: Don’t talk about your case with anyone except your attorney—not cellmates, not friends, not family members. These conversations can be overheard, recorded, or repeated to prosecutors.

Document Everything: Write down everything you remember about how police found the weapon, what was said, who was present, and what happened during your arrest.

Contact Attorney Michael Brown Immediately: Weapon possession cases move quickly, and early legal intervention is critical. Every hour without experienced representation can harm your case.

Travelers and Out-of-State Gun Owners

A significant number of weapon possession prosecutions in New York involve travelers who legally possessed firearms in their home states but unknowingly violated New York law. If you’re traveling through or to New York with firearms:

New York does not recognize out-of-state concealed carry permits
Transporting firearms through New York is lawful only under strict federal “safe passage” rules
Firearms must be unloaded, locked in cases, and inaccessible during transport
Stopping in New York, even briefly, can violate safe passage provisions
Airline travelers who declare firearms at check-in can still face arrest in New York

If you’ve been arrested as a traveler with firearms, Attorney Michael Brown understands the unique defenses available in these cases and has successfully represented many travelers facing weapon charges.

Your Freedom and Future Are Worth Fighting For

A weapon possession charge does not have to result in conviction or mandatory prison time. With experienced, aggressive legal representation, many defendants achieve outcomes that protect their freedom and their future—whether through suppression of evidence, dismissal, acquittal at trial, reduction to lesser charges, or favorable plea agreements that avoid incarceration.

New York’s weapon laws are complex, harsh, and unforgiving, but they also contain numerous technical requirements that skilled defense attorneys can exploit. Constitutional protections guard against unlawful searches and violations of your rights. Every weapon case is defensible with the right attorney.

You need Suffolk County’s most experienced weapon possession defense lawyer—someone who knows every aspect of weapon law, who has successfully challenged countless weapon prosecutions, and who will fight tirelessly for your rights and your freedom.

Contact Attorney Michael Brown today for a confidential consultation about your weapon possession case. Don’t let a weapon charge destroy your life. Early action and experienced representation can make all the difference. Let Suffolk County’s most experienced weapon possession defense attorney put his expertise to work protecting your freedom and your future.