Gun Possession Attorney

Gun Possession Defense Attorney in Suffolk County, New York

Being charged with illegal gun possession in Suffolk County is one of the most serious criminal matters you can face in New York. Gun possession charges carry mandatory minimum prison sentences in many cases, substantial fines, and a permanent violent felony conviction that will follow you for life. New York has some of the strictest gun laws in the nation, and prosecutors show no mercy in pursuing these charges—even against otherwise law-abiding citizens who made innocent mistakes. Attorney Michael Brown is Suffolk County’s most experienced gun possession defense lawyer, with a proven track record of successfully defending clients against all types of gun possession charges.

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Understanding New York’s Gun Possession Laws

New York takes gun possession offenses extremely seriously. What makes New York’s gun laws particularly harsh is the state’s approach to sentencing: many gun possession convictions carry mandatory minimum prison sentences, meaning that even first-time offenders with no prior criminal history must serve prison time if convicted. Judges have no discretion to impose probation or lesser sentences in these cases.

Gun possession offenses in New York are governed primarily by Article 265 of the New York Penal Law. These laws are complex, strictly enforced, and have severe consequences for violations. Understanding these laws is critical because actions that are perfectly legal in other states can result in serious felony charges in New York.

The Firearm Licensing Requirement

Before discussing specific gun possession charges, it’s essential to understand New York’s fundamental requirement: to lawfully possess a handgun anywhere in New York State, you must have a valid New York pistol license. This requirement applies even if you’re in your own home.

Unlike many states, New York does not recognize concealed carry permits or gun licenses from other states. If you possess a handgun in New York without a New York-issued license, you are committing a crime, regardless of whether you have a valid license from another state.

There are limited exceptions for certain law enforcement officers, military personnel in specific circumstances, and individuals lawfully transporting firearms under federal safe passage laws, but these exceptions are narrow and strictly interpreted.

Criminal Possession of a Weapon in the Fourth Degree (Involving Guns)

Criminal Possession of a Weapon in the Fourth Degree, under New York Penal Law § 265.01, is a Class A misdemeanor. While this is the least serious gun possession charge, it still carries significant consequences. A person is guilty of this offense when they possess any firearm without proper authorization or licensing.

This charge most commonly applies when:

Someone possesses an unlicensed handgun
Someone possesses a rifle or shotgun in violation of specific provisions
Someone possesses a firearm on school grounds (with certain exceptions)

Penalties for Fourth-Degree Criminal Possession of a Weapon

A conviction carries:

Jail Time: Up to one year in county jail
Probation: Up to three years of probation
Fines: Fines and mandatory surcharges
Criminal Record: A permanent misdemeanor conviction on your record
Gun Rights: Permanent loss of the right to possess firearms
Immigration Consequences: Potential deportation for non-citizens

Criminal Possession of a Firearm

New York Penal Law § 265.01-b specifically addresses Criminal Possession of a Firearm, which is a Class E felony. This charge was created to specifically target unlawful firearm possession. A person is guilty of criminal possession of a firearm when they possess any firearm and:

Lack Authorization: They do not have a valid license or permit to possess the firearm, or

Prior Criminal History: They have been previously convicted of a felony or certain serious offenses

This statute applies to both loaded and unloaded firearms, including handguns, rifles, and shotguns. The charge focuses on the fact that the person is not authorized to possess any firearm, making it a felony regardless of the circumstances.

Penalties for Criminal Possession of a Firearm

A conviction results in:

Prison Time: Up to 4 years in state prison
Probation: Possible probation for first-time offenders in limited circumstances
Post-Release Supervision: Mandatory supervision after prison
Substantial Fines: Fines and surcharges
Permanent Felony Record: A felony conviction affecting employment, housing, and civil rights
Firearm Prohibition: Lifetime ban on possessing any firearms
Immigration Consequences: Likely deportation for non-citizens

Criminal Possession of a Weapon in the Third Degree (Gun-Related)

Criminal Possession of a Weapon in the Third Degree, under New York Penal Law § 265.02, is a Class D violent felony. This is one of the most commonly charged gun possession offenses in New York and carries severe mandatory minimum sentences. There are numerous ways to commit this offense involving firearms:

Possessing Three or More Firearms: Possessing three or more firearms simultaneously. Even if some or all of the firearms are properly licensed, certain circumstances can still trigger this charge.

Possessing a Gun with Prior Criminal Record: Possessing any firearm when you have been previously convicted of a felony or certain serious offenses. This provision makes it a felony for convicted felons to possess any gun.

Possessing a Loaded Firearm Outside Home or Business: Possessing a loaded firearm outside of your home or place of business. This is one of the most frequently charged provisions and applies even to licensed gun owners who improperly transport loaded firearms. The firearm does not need to be visible or on your person—having a loaded gun in your vehicle outside your home satisfies this element.

Possessing an Assault Weapon: Possessing a firearm classified as an “assault weapon” under New York law. The SAFE Act of 2013 significantly expanded the definition of assault weapons.

Possessing a Large Capacity Ammunition Feeding Device: Possessing magazines or feeding devices capable of holding more than ten rounds of ammunition (with limited exceptions for certain lawfully possessed magazines).

Possessing a Disguised Gun: Possessing any firearm that is disguised to look like another object, such as cane guns, umbrella guns, or firearms built into pens or other items.

Possessing an Unregistered SAFE Act Firearm: Possessing a firearm that was required to be registered under the NY SAFE Act but was not properly registered.

Defaced Serial Numbers: Possessing any firearm with an obliterated, removed, or defaced serial number.

The Loaded Firearm Provision

The “loaded firearm outside the home” provision deserves special attention because it is the basis for many prosecutions. Under this provision:

A firearm is “loaded” when it contains ammunition in a position where it can be fired
“Outside the home” means anywhere other than your residence or place of business
Even licensed pistol permit holders can be charged if they carry a loaded firearm improperly
Transporting a loaded firearm in your vehicle, even in the trunk, can constitute this offense

Penalties for Third-Degree Criminal Possession of a Weapon

A conviction carries extremely serious consequences:

Mandatory Prison Time: 2 to 7 years in state prison (determinate sentence), with a mandatory minimum sentence of 3.5 years in most cases involving loaded firearms
No Probation Available: For loaded firearm cases, probation is not an option for first-time offenders
Post-Release Supervision: 1.5 to 3 years of mandatory supervision after prison release
Violent Felony Classification: This conviction is classified as a violent felony offense, which has severe implications for any future criminal proceedings
Substantial Fines: Fines up to $5,000 plus mandatory surcharges
Permanent Violent Felony Record: A conviction that permanently affects employment, housing, professional licensing, voting rights (while incarcerated), and firearm possession
Immigration Consequences: For non-citizens, deportation is highly likely

The mandatory minimum sentence is the most devastating aspect of this charge. Unlike many other crimes where judges can exercise discretion and impose probation for first-time offenders, gun possession convictions often require judges to impose prison sentences even when they believe incarceration is unjust.

Criminal Possession of a Weapon in the Second Degree (Gun-Related)

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 in aggravated circumstances involving firearms. A person is guilty when they:

Possess a Loaded Gun with Intent to Use Unlawfully: Possess any loaded firearm with intent to use it unlawfully against another person.

Possess Five or More Firearms: Possess five or more firearms simultaneously.

Possess a Machine Gun: Possess a machine gun. Machine guns are strictly prohibited in New York with very limited exceptions.

Possess a Loaded Gun with Prior Felony Conviction: Possess any loaded firearm and have been previously convicted of a felony or serious offense.

Possess a Gun During Drug Trafficking: Possess a loaded firearm while committing or attempting to commit a drug trafficking felony.

Possess a Gun During Commission of Violent Felonies: Possess any loaded firearm while committing or attempting to commit certain violent felonies including burglary, robbery, kidnapping, arson, or assault.

Possess a Disguised Gun on School Grounds: Possess any disguised firearm on elementary or secondary school grounds.

Possess a Gun with Defaced Serial Number: Possess any firearm with knowledge that the serial number has been removed, defaced, or obliterated.

Penalties for Second-Degree Criminal Possession of a Weapon

A conviction results in:

Mandatory Prison Time: 3.5 to 15 years in state prison (determinate sentence), with mandatory minimums typically of 3.5 years, and 5 years for certain circumstances
Post-Release Supervision: 2.5 to 5 years of mandatory supervision after release
Violent Felony Classification: Serious violent felony designation affecting all future proceedings
Massive Fines: Fines up to $5,000 plus substantial surcharges and fees
Permanent Violent Felony Record: Devastating lifelong consequences for employment, housing, and civil rights
Complete Loss of Gun Rights: Permanent federal and state prohibition on firearm possession
Immigration Consequences: Nearly certain deportation for non-citizens

Criminal Possession of a Weapon in the First Degree (Gun-Related)

Criminal Possession of a Weapon in the First Degree, under New York Penal Law § 265.04, is a Class B violent felony. This is the most serious gun possession charge in New York. A person is guilty when they:

Possess Ten or More Firearms: Possess ten or more firearms simultaneously.

Possess Explosives with Guns: Possess explosive substances along with firearms with intent to use unlawfully.

Penalties for First-Degree Criminal Possession of a Weapon

A conviction carries the most severe consequences:

Mandatory Prison Time: 5 to 25 years in state prison (determinate sentence)
Substantial Mandatory Minimum: Significant mandatory minimum prison sentence
Post-Release Supervision: 2.5 to 5 years of mandatory supervision
Class B Violent Felony: The highest level of weapons offense classification
Massive Financial Penalties: Fines up to $5,000 plus extensive surcharges
Life-Destroying Consequences: A violent Class B felony conviction that permanently devastates all future opportunities
Immigration: Virtually certain deportation for non-citizens with no possibility of waiver

Criminal Use of a Firearm Offenses

Beyond possession charges, New York criminalizes the use or display of firearms during the commission of other crimes:

Criminal Use of a Firearm in the Second Degree

Under New York Penal Law § 265.08, this Class C violent felony occurs when a person commits any Class C violent felony and displays what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm during the commission of the crime.

Penalties: 3.5 to 15 years in prison, typically consecutive to the underlying offense.

Criminal Use of a Firearm in the First Degree

Under New York Penal Law § 265.09, this Class B violent felony occurs when a person commits any Class B violent felony and displays what appears to be a firearm during the crime, or displays a machine gun, loaded firearm, or operable firearm during commission of certain Class C, D, or E felonies.

Penalties: 5 to 25 years in prison, typically consecutive to the underlying offense.

These charges are particularly devastating because the sentences typically run consecutive to (in addition to) sentences for the underlying crimes, potentially resulting in decades of incarceration.

New York’s Pistol Licensing System

Understanding New York’s pistol licensing system is crucial because the lack of a proper license is often the basis for criminal charges.

Types of Pistol Licenses

New York issues several types of pistol licenses:

Premises License: Allows possession of a handgun only at the licensee’s home or place of business. The gun cannot be carried outside these locations, even unloaded and locked in a case.

Carry Concealed License (Unrestricted): Allows the licensee to carry a concealed handgun in public. Following recent Supreme Court decisions and New York legislative responses, obtaining unrestricted carry licenses remains challenging and subject to numerous restrictions.

Restricted Carry License: Allows carrying a handgun only for specific purposes such as target shooting or hunting, and only while engaged in those activities.

Special or Limited Carry: Various restricted licenses for specific professions or circumstances.

Licensing Requirements

To obtain a pistol license in New York, applicants must:

Be at least 21 years old (18 for premises licenses in some circumstances)
Have no disqualifying criminal convictions
Be of good moral character
Have no history of mental illness that would disqualify them
Complete required firearms safety training
Demonstrate “proper cause” or meet requirements under current law
Undergo extensive background checks

The licensing process is controlled by county officials (in Suffolk County, the Police Commissioner) and can take many months or even years.

Out-of-State License Recognition

This cannot be emphasized enough: New York does not recognize pistol licenses or concealed carry permits from any other state. Even if you have a valid concealed carry permit from your home state, you cannot legally possess a handgun in New York without a New York license.

Many gun possession prosecutions involve travelers who legally possessed firearms in their home states but violated New York law by bringing guns into New York or through New York.

The NY SAFE Act

The Secure Ammunition and Firearms Enforcement (SAFE) Act, enacted in 2013, significantly expanded New York’s gun regulations:

Assault Weapon Registration

Firearms classified as “assault weapons” under the SAFE Act must be registered with the state. Possession of an unregistered assault weapon is a felony.

The SAFE Act defines assault weapons based on various features including:

Semi-automatic rifles with detachable magazines and certain features (pistol grips, folding stocks, etc.)
Semi-automatic shotguns with certain features
Semi-automatic pistols with detachable magazines and certain features
Specific firearms listed by make and model

Large Capacity Magazine Ban

The SAFE Act prohibits magazines capable of holding more than ten rounds of ammunition. There are limited grandfathering provisions for magazines lawfully possessed before the SAFE Act’s enactment, but these magazines can only be loaded with seven rounds (though this loading restriction has faced legal challenges).

Possession of prohibited large-capacity magazines is a crime, and even possessing lawfully grandfathered magazines loaded with more than ten rounds violates the law.

Background Checks and Ammunition Sales

The SAFE Act expanded background check requirements and created provisions for background checks on ammunition purchases (though ammunition background check implementation has been delayed).

Federal vs. State Gun Charges

Gun possession can be prosecuted under both New York State law and federal law. Federal charges often apply when:

Prohibited persons (convicted felons) possess firearms
Firearms are involved in drug trafficking
Firearms have crossed state lines
Firearms are connected to federal crimes

Federal gun charges under 18 U.S.C. § 922 and related statutes can carry severe mandatory minimum sentences. Attorney Michael Brown has experience with both state and federal gun prosecutions and understands the strategic considerations in dual-jurisdiction cases.

Common Circumstances Leading to Gun Possession Charges

Traffic Stops

Many gun possession cases begin with traffic stops where police discover firearms during searches of vehicles. These cases often involve critical Fourth Amendment search and seizure issues.

Domestic Incidents

When police respond to domestic disturbance calls, they often search for and seize any firearms present, leading to gun possession charges if proper licensing is lacking.

Airport Security

Travelers who forget guns are in their luggage face immediate arrest when TSA discovers firearms at airport security checkpoints. Even travelers with valid out-of-state permits and no criminal intent face serious charges.

Home Searches

Search warrants executed for other reasons (drug investigations, etc.) often result in gun possession charges when unlicensed firearms are discovered.

Hunting and Sporting Activities

Even when engaged in lawful hunting or sport shooting, improper transport of firearms or possession by unlicensed individuals can result in criminal charges.

Travelers Passing Through New York

Federal law provides limited protection for travelers transporting firearms through states with restrictive laws, but this “safe passage” protection is narrow. Stopping in New York, even briefly, can violate safe passage provisions and result in arrest.

How Attorney Michael Brown Defends Gun Possession Cases

As Suffolk County’s most experienced gun possession defense lawyer, Michael Brown employs comprehensive, aggressive defense strategies:

Fourth Amendment Search and Seizure Challenges

The majority of gun possession cases involve searches by police. Attorney Brown meticulously examines:

Whether police had legal justification for the initial stop or encounter
Whether searches of persons, vehicles, or homes were constitutional
Whether consent to search was truly voluntary
Whether search warrants were properly obtained and executed
Whether searches exceeded the scope of consent or warrants
Whether evidence was obtained through illegal searches

If police violated constitutional rights, Attorney Brown files suppression motions to exclude the firearm evidence. Successful suppression typically results in dismissal of charges since the gun is the primary evidence.

Lack of Possession

Prosecutors must prove you possessed the firearm. Attorney Brown challenges possession by demonstrating:

The gun belonged to someone else
You had no knowledge the gun was present
The gun was not in your control or dominion
Multiple people had equal access to where the gun was found
The prosecution cannot prove beyond reasonable doubt that you possessed the gun

In vehicle cases, mere presence in a car where a gun is found does not automatically prove possession, especially when multiple people are present.

Lack of Knowledge

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

You were unaware a gun was in your bag, vehicle, or property
Someone else placed the gun there without your knowledge
You had no reason to know a gun was present

Valid Licensing Defenses

Attorney Brown investigates whether:

You actually had a valid license that prosecutors are unaware of
Licensing defenses apply to your specific circumstances
You qualify for exemptions under the law
License suspension or revocation was improper

Federal Safe Passage Defense

For travelers, Attorney Brown can establish that you were lawfully transporting firearms under federal safe passage laws (18 U.S.C. § 926A), which preempt state laws when:

The firearm is unloaded and locked in a container
The firearm is not readily accessible
You are traveling from a place where you can legally possess the gun to another place where you can legally possess it
You are directly traveling through New York without unnecessary stops

Constructive Possession Challenges

When guns are found in shared spaces (homes with multiple residents, shared vehicles, etc.), Attorney Brown challenges “constructive possession” by showing you didn’t exercise dominion and control over the firearm.

Challenging Gun Classifications

Attorney Brown can challenge whether:

A firearm actually meets the definition of an “assault weapon”
A magazine actually exceeds legal capacity
Serial numbers were actually defaced or removed
Items classified as guns actually meet statutory definitions

Constitutional Challenges

New York’s gun laws face ongoing constitutional challenges following the Supreme Court’s decisions in District of Columbia v. Heller, McDonald v. City of Chicago, and New York State Rifle & Pistol Association v. Bruen. Attorney Brown raises appropriate constitutional challenges when applicable to your case.

Negotiating Favorable Resolutions

Even in difficult cases, Attorney Brown’s experience and relationships with Suffolk County prosecutors often result in:

Reduction from violent felony to non-violent felony charges
Reduction from felony to misdemeanor charges
Reduction to charges without mandatory minimum sentences
Plea agreements to youthful offender status for eligible defendants
Adjournment in contemplation of dismissal (ACD) resulting in eventual dismissal
Agreements avoiding incarceration through alternatives like probation or conditional discharge

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

Unmatched Experience in Gun Cases: As Suffolk County’s most experienced gun possession defense attorney, Michael Brown has successfully defended hundreds of clients against gun charges ranging from simple unlicensed possession to serious violent felonies involving loaded firearms, multiple guns, and weapons used during other crimes. His encyclopedic knowledge of New York’s complex gun laws, mandatory sentencing provisions, licensing requirements, and SAFE Act regulations enables him to identify defenses and strategies that less experienced attorneys miss entirely.
Fourth Amendment Expertise: The vast majority of gun possession cases involve searches of persons, vehicles, or homes, making Fourth Amendment law absolutely critical to successful defense. Attorney Brown is recognized as a leading expert in search and seizure law and has successfully suppressed gun evidence in countless cases by proving illegal stops, unconstitutional searches, improper search warrants, and violations of constitutional rights. His track record of winning suppression motions has resulted in dismissals of cases that other attorneys considered unwinnable.
Strategic Understanding of Mandatory Minimums: Gun possession charges frequently carry mandatory minimum prison sentences that eliminate judicial discretion. Attorney Brown’s strategic expertise is crucial for avoiding these mandatory minimums through charge reduction negotiations, successful motions practice, or trial victories. He knows which charges carry mandatory sentences, when judges have discretion, what alternatives exist, and how to position cases for the best possible outcomes within New York’s harsh sentencing framework.
Comprehensive Knowledge of Licensing Issues: Many gun possession charges involve technical violations of licensing and registration requirements by otherwise law-abiding gun owners who made innocent mistakes. Attorney Brown has extensive experience with New York’s pistol licensing system, SAFE Act registration requirements, interstate firearms transport regulations, and the complex interplay between state and federal gun laws. He frequently identifies licensing defenses and compliance issues that can dramatically change case outcomes.
Trial-Tested Excellence: Gun possession cases often go to trial because mandatory minimum sentences eliminate incentives for defendants to plead guilty. Attorney Brown is an accomplished trial attorney who has secured numerous not-guilty verdicts and hung juries in gun cases. His courtroom experience, cross-examination skills, jury selection expertise, and ability to present compelling defenses make him the attorney you want if your case goes to trial. Unlike attorneys who pressure clients toward guilty pleas to avoid trial work, Attorney Brown is always prepared to fight your case before a jury.

The Critical Importance of Immediate Representation

Gun possession cases require immediate legal intervention. Contact Attorney Michael Brown right away because:

Evidence Preservation: Police reports, body camera footage, dashcam videos, and surveillance footage can disappear if not secured immediately. Attorney Brown acts fast to preserve all evidence, especially evidence of constitutional violations.

Suppression Opportunities: Fourth Amendment challenges must be pursued promptly. Attorney Brown immediately investigates the circumstances of your arrest and any searches to identify constitutional violations that can result in evidence suppression and case dismissal.

Preventing Damaging Statements: People arrested for gun possession often try to explain themselves to police, making statements that become devastating evidence. Attorney Brown ensures you exercise your right to remain silent and don’t inadvertently provide prosecutors with evidence against you.

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

License Issues: If you have a pistol license, it will likely be suspended immediately upon arrest. Attorney Brown can address both the criminal charges and administrative license proceedings to preserve your gun rights where possible.

Federal Considerations: Some gun cases attract federal attention, potentially resulting in federal prosecution with even harsher mandatory minimums. Early intervention can sometimes prevent federal charges or enable strategic decisions about which jurisdiction offers better outcomes.

Understanding the Consequences Beyond Prison

Employment Devastation

Gun possession convictions, especially violent felonies, destroy employment opportunities:

Automatic disqualification from careers requiring firearms, including law enforcement, security, military, and related fields
Most employers refuse to hire individuals with gun convictions
Professional licenses in fields like healthcare, law, education, and finance become impossible to obtain or maintain
Security clearances are permanently unavailable
Government employment at all levels becomes inaccessible
Many industries automatically exclude applicants with violent felony convictions

Permanent Loss of Gun Rights

Any gun possession conviction typically results in:

Lifetime federal prohibition on possessing firearms under 18 U.S.C. § 922(g)
Permanent New York State prohibition on firearm possession
Inability to ever obtain a pistol license
Prohibition on possessing ammunition
Loss of hunting rights involving firearms
Disqualification from shooting sports and firearms-related hobbies

Housing Difficulties

Gun convictions create severe housing obstacles:

Private landlords routinely deny applications from individuals with gun convictions
Public housing authorities exclude applicants with violent crime convictions
Many apartment complexes and residential communities have policies against renting to individuals with violent felonies
Mortgage lenders may deny home loans based on criminal history

Immigration Catastrophe

For non-citizens, gun possession convictions are often immigration death sentences:

Gun possession offenses frequently constitute “aggravated felonies” under immigration law
Aggravated felonies trigger mandatory deportation with virtually no possibility of waiver or relief
Legal permanent residents with decades of U.S. residence face deportation
Pending naturalization applications are denied
Re-entry to the United States becomes permanently barred
Even misdemeanor gun convictions can have severe immigration consequences

Family Law Impact

Gun convictions affect family relationships:

Child custody determinations strongly favor parents without violent crime convictions
Courts presume that gun convictions demonstrate poor judgment affecting parenting ability
Visitation rights may be restricted or require supervision
Adoption eligibility is essentially eliminated
Foster parenting becomes impossible

Loss of Civil Rights

Gun felony convictions result in:

Loss of voting rights while incarcerated (restored after release in New York)
Permanent ineligibility to serve on juries
Disqualification from holding public office
Restrictions on various professional licenses and certifications
Enhanced scrutiny and restrictions in numerous legal contexts

Social and Personal Consequences

The social impact of gun convictions cannot be overstated:

Permanent stigma as a “violent felon”
Damaged reputation in communities and social circles
Strained family relationships
Difficulty forming new personal and professional relationships
Permanent digital record accessible through online background checks
Ongoing disclosure requirements when applying for jobs, housing, loans, and more

What to Do If You’re Charged with Gun Possession

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

Immediately Exercise Your Right to Remain Silent: Do not answer any police questions about the gun, where you got it, why you had it, whether you knew it was there, or anything else. Politely but firmly state: “I want to speak with my attorney and I am exercising my right to remain silent.” Then say nothing more.

Do Not Consent to Any Searches: You have a constitutional right to refuse consent to searches. Do not give police permission to search your person, your vehicle, your phone, your home, or anything else. Simply say: “I do not consent to any searches.”

Request an Attorney Immediately: Invoke your Sixth Amendment right to counsel clearly and unambiguously: “I want an attorney.” Once you invoke this right, police must stop questioning you.

Do Not Try to Explain or Justify: People often think they can talk their way out of gun charges by explaining they didn’t know, they were just traveling through, the gun isn’t theirs, or other justifications. These explanations almost always hurt your case. Let your attorney handle all explanations and legal arguments.

Preserve Evidence of Lawful Possession: If you believe you had a valid license, registration, or legal reason for gun possession, preserve all documentation, but provide it only to your attorney—never directly to police or prosecutors.

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

Document Everything: As soon as possible, write down everything you remember about how police found the gun, what was said, who was present, what happened during your arrest, and any other relevant details.

Contact Attorney Michael Brown Immediately: Gun possession cases move quickly and have severe consequences. Every hour without experienced legal representation can damage your case. Attorney Brown needs to begin working on your defense immediately to preserve evidence, identify constitutional violations, and protect your rights.

Special Considerations for Travelers

If you’re a traveler arrested for gun possession in New York:

Many gun possession prosecutions involve travelers who legally possessed firearms in their home states but unknowingly violated New York’s laws. Common scenarios include:

Flying into New York airports with properly declared firearms in checked luggage
Driving through New York with firearms while relocating
Traveling to competitions, sporting events, or training
Stopping in New York during trips between other states

Federal law provides limited protection for travelers under the Firearm Owners Protection Act (FOPA), but this protection is narrow and requires strict compliance with specific requirements. New York prosecutors often argue that federal protection doesn’t apply.

Attorney Michael Brown has extensive experience defending travelers and understands the unique legal issues in these cases, including federal preemption arguments, safe passage defenses, and the intersection of state and federal law.

Your Freedom and Future Depend on Your Defense

A gun possession charge in New York is not something to take lightly or handle without the best possible legal representation. These charges carry mandatory prison sentences, permanent violent felony records, and life-altering consequences that will follow you forever.

But a charge is not a conviction. With experienced, aggressive legal representation, many defendants achieve outcomes that protect their freedom and their future—whether through suppression of illegally obtained evidence, dismissal of charges, acquittal at trial, reduction to lesser charges without mandatory sentences, or favorable plea agreements that avoid incarceration.

New York’s gun laws are harsh, unforgiving, and complex—but they also contain numerous technical requirements, constitutional protections, and procedural safeguards that skilled defense attorneys can leverage to protect your rights. Every gun possession case is defensible with the right attorney.

You need Suffolk County’s most experienced gun possession defense lawyer—someone who has successfully defended hundreds of gun cases, who knows every aspect of New York gun law inside and out, who is an expert in Fourth Amendment law, who has won countless suppression motions, who has secured not-guilty verdicts at trial, and who will fight tirelessly for your freedom.

Contact Attorney Michael Brown today for a confidential consultation about your gun possession case. Time is critical. Don’t let a gun charge destroy your life. Early action and experienced representation can make all the difference between freedom and years in prison. Let Suffolk County’s most experienced gun possession defense attorney put his expertise, his experience, and his unwavering commitment to work protecting your freedom, your rights, and your future.