Facing Firearms, Guns, and Weapons Charges?

Seeking Immediate Counsel from an Experienced Defense Attorney is Imperative

The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.

Federal Firearms Charges

Federal charges in New York involve the illegal use, possession, transfer, shipping, and procurement of firearms. Convictions for any of these crimes regularly result in lengthy prison sentences – frequently with mandatory minimum terms of incarceration.

Additionally, the use of a firearm during or in relation to the commission of another crime may result in a significant enhancement under the United States Sentencing Guidelines, even if weapons charges were not brought separately by the government in an indictment. 

While there are several federal statutes which prohibit conduct relating to firearms, the following are the most frequently charged:

• Felon in Possession of a Firearm, 18 U.S.C. § 922(g);
• Use or Carrying of a Firearm in Relation to a Crime of Violence or Drug Trafficking Offense, 18 U.S.C. § 924(c);
• Unlawful Gun Sales, 18 U.S.C. § 922(a)(1) and (2);
• False Statements with Regard to Firearms Purchases, 18 U.S.C. §§ 922(a)(6), 922(d), 924(a)(1)(A);
• Offenses Involving Stolen Firearms, 18 U.S.C. §§ 922(i)-(j); 924(a), (l)-(m);
• Possession and Sale of Firearms with Altered or Obliterated Serial Numbers, 18 U.S.C. § 922(k) and 26 U.S.C. § 5861;
• Possession and Sale of Armor Piercing Ammunition, 18 U.S.C. §§ 922(a)(7), 924(c)(5); and
• Unlawful Transfer or Possession of Machine Guns, 18 U.S.C. §§ 922(o), § 924(c)(1)(B).

State Firearms Charges in New York

State prosecutors in all boroughs have placed extra emphasis on upholding the rules and regulations codified by Article 265. This statute is vast, and individuals in New York can easily find themselves charged with numerous felonies for the possession, sale, or use of one or multiple guns.

Commonly, individuals possessing a firearm in New York State will find themselves charged with violating Penal Law Section 265.03 – Criminal Possession of a Weapon in the Second Degree, a Class “C” felony. Prosecutors tend to charge individuals with lesser included statutes as well, which may provide an individual with room to negotiate a favorable plea or beat specific charges at a trial. Nevertheless, individuals charged in New York State with possessing, using, or selling a firearm frequently see other enhancements depending on the type of firearm, the specific way in which it was used or possessed, and the individual’s criminal history.

Sentencing & Penalties in New York

The federal statutes and rules which regulate the sale and possession of firearms are vast, wide-ranging, and consequential. Along with federal drug charges, firearm offenses tend to carry mandatory minimum prison sentences if convicted, making your defense that much more important to keeping your future and freedom safeguarded.

One of the most common federal gun charges is the possession or use of a firearm in a violent or drug trafficking crime, as codified by 18 U.S.C. § 924(c). Any individual who uses, carries, possesses, or displays a firearm during a federal crime of violence or drug trafficking offense may be charged pursuant to § 924(c). As crimes of violence and drug trafficking frequently entail the alleged possession of a firearm, individuals often find themselves stuck with a § 924(c) charge on an indictment, which can carry mandatory minimum prison sentences ranging into the double-digits.

Individuals with a prior felony conviction also tend to find themselves facing a charge pursuant to 18 U.S.C. § 922(g) – better known as “felon in possession of a firearm.” This crime can lead to ten years imprisonment and applies to both the possession of firearms and ammunition.

New York State has not only gained a reputation nationally for having some of the most complex gun laws in the country but the strictest penalties as well. In fact, prison sentences are routinely mandatory for both first-time offenders and those with extensive histories. Some possible sentences include:

Ranging in severity from misdemeanors to Class B felonies. This means that even if you have an out-of-state permit, if you have a loaded pistol, a judge has to incarcerate you to a minimum of three and a half years to a maximum of fifteen years upon conviction. That aside, depending on the particular offense and degree, you may be sentenced anywhere from up to one year in jail for “lower” misdemeanors and up to 25 years for a Class B felony.

Most often, a first-time offender charged with a loaded firearm in New York will be facing a top-count of a C-violent felony (NY Penal Law 265.03). By law, the minimum sentence is a non-discretionary three and a half years and the maximum is fifteen years in state prison.

How We Fight Firearms Charges in New York

With a wide-ranging federal and state statute, many successful defenses can be lodged by your attorney if implemented correctly. Oftentimes, issues will arise concerning whether a firearm was loaded, DNA/fingerprint analysis, constructive vs. actual possession, and whether the firearm was used or displayed in the manner required by law.

On a constitutional level, an experienced defense attorney will find ways to challenge and question the recovery of a firearm from an individual, poking holes at a detective’s credibility as it relates to the stop and search of an individual, as well as the subsequent seizure of a firearm. As such, “Mapp” hearings in New York State become the crucial phase towards your successful defense against these charges, and the right defense attorney may ultimately convince a Court to suppress the firearm recovered and dismiss the case against you.

Your Defense Begins Now

If you are being prosecuted for weapons, firearms, or gun possession on the federal or state level, hire a former prosecutor and preeminent defense attorney who has dealt with these charges on both sides of the courtroom. Being charged with these offenses can have a lasting impact. The steps your defense attorney takes in the face of these accusations, by way of investigation and creative advocacy, will both increase your chances of successfully walking away from these accusations and shape the rest of your life.

The sooner you put your case in the hands of an experienced criminal defense lawyer, the more likely your matter will end favorably. The Law Offices of Jason Goldman can help you - please contact us today.