
Gun Possession Lawyer New York County, NY
Being charged with a gun possession offense in New York County—Manhattan—can have serious consequences. Whether you face a misdemeanor charge in Manhattan Criminal Court or a felony indictment in New York County Supreme Court, the prosecution will pursue the case actively. Law Offices Of SRIS, P.C. represents clients charged with criminal possession of a weapon, firearms violations, and related gun offenses throughout New York County. Mr. Sris, a former prosecutor and Owner and Founder of the firm, concentrates his practice on criminal defense. He and the firm’s experienced Of Counsel attorneys appear regularly in the courts at 60 Centre Street. From first-offense possession to complex felony weapons cases, they work to protect your rights and pursue a favorable outcome. To discuss your situation, reach our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
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ToggleWhat Gun Possession Charges Mean in New York County (Manhattan)
New York’s firearms laws are among the strictest in the country. A gun possession arrest in Manhattan can expose you to a wide range of potential consequences depending on the charge. The New York Penal Law classifies weapon offenses from violations and Class A misdemeanors up to Class B violent felonies. The exact charge—and its potential sentence—turns on factors such as whether the weapon was loaded, whether it was a firearm or a switchblade, whether you have a prior conviction, and whether the possession occurred in a school zone or a restricted location.
Prosecutions in New York County are handled by the district attorney’s office, and cases are heard in the Manhattan Criminal Court for misdemeanors or in the New York County Supreme Court for felony charges. Because the 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies, many defendants are released on their own recognizance or with conditions; however, certain weapons charges remain bail-eligible. A conviction can lead to jail or state prison, a permanent criminal record, and possible federal firearms disabilities. Having an attorney who is familiar with the courthouse and the prosecutor’s office helps ensure that every defense option is evaluated at an early stage.
In New York, criminal possession of a weapon in the second degree is a Class C violent felony, punishable by a determinate sentence of 3.5 to 15 years in prison.
Source: New York Penal Law § 265.03. NY Penal Law Article 265
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
How Mr. Sris and His Of Counsel Handle Gun Possession Cases
Mr. Sris and his Of Counsel approach every gun possession matter by first examining the basis for the stop or arrest. New York courts require law enforcement to have reasonable suspicion for a stop and probable cause for a search. When officers exceed those limits, evidence may be suppressed. The firm’s attorneys also review the chain of custody of any recovered weapon and the reliability of witness identifications.
The attorneys then consider the strength of the prosecution’s evidence and the applicable penalty range. In some cases, a charge may be reduced through negotiations with the prosecutor. For example, a felony charge might be amended to a misdemeanor if the circumstances allow. When a trial is the trusted option, Mr. Sris and his Of Counsel prepare the case methodically, challenge the state’s evidence, and advocate for the client at every stage. The timeline of a gun possession case depends on court scheduling, motion practice, and whether the case resolves by plea or goes to trial. The firm works to keep clients informed and to present the strong $1 without making predictions about the outcome. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor. He has practiced criminal law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His prosecutorial background gives him insight into how the district attorney’s office builds a case—and how to challenge it. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel bring extensive combined legal experience to criminal defense. Each attorney concentrates on criminal law and handles matters in New York County courts. The firm has documented case results across all practice areas. Results may vary. For a consultation, call (888) 437-7747.
Frequently Asked Questions
What are the penalties for gun possession in New York?
Penalties for gun possession in New York range from a Class A misdemeanor, punishable by up to one year in jail, to a Class A-I violent felony carrying a life sentence. A first-time charge of criminal possession of a weapon in the fourth degree—often a misdemeanor—can result in up to a year. More serious felonies, such as criminal possession of a weapon in the second degree, carry mandatory minimum prison terms. The exact penalty depends on the weapon type, whether it was loaded, and the defendant’s criminal history. A conviction can also trigger federal firearms disqualifications.
Can a gun possession charge be dismissed in New York County?
Yes, a gun possession charge can be dismissed if the evidence was obtained illegally, if the prosecution cannot prove every element of the offense beyond a reasonable doubt, or if the court grants a suppression motion. A skilled defense investigation often uncovers grounds to challenge the stop, search, or seizure. In appropriate cases, the prosecutor may also move to dismiss or offer an adjournment in contemplation of dismissal. Each case is unique, and past results do not guarantee a similar outcome.
Do I need a lawyer for a gun possession case in Manhattan?
The court does not require you to hire a lawyer for a gun possession case, but the consequences of a conviction can be severe, and experienced defense counsel can identify defenses and guide you through the process. Gun laws are complex, and procedural mistakes can affect your case. Mr. Sris and his Of Counsel regularly appear in Manhattan criminal courts and can evaluate your matter. To discuss your situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does New York’s 2020 bail reform affect gun possession arrests?
Under New York’s 2020 bail reform, most misdemeanor and non-violent felony defendants are released without bail, but certain gun possession charges remain bail-eligible. For example, a charge involving a loaded firearm or a prior felony conviction may permit the judge to set bail. In many cases, the individual receives a desk appearance ticket instead of being held for arraignment. If you are arrested, ask to speak with an attorney before making any statement.
What is the difference between criminal possession of a weapon and a firearms charge?
Both fall under New York Penal Law Article 265; “criminal possession of a weapon” is the formal charge, and “firearms charge” is a common term that refers to possession of a pistol, revolver, rifle, or shotgun. New York law creates separate degrees of criminal possession of a weapon, ranging from fourth-degree (a misdemeanor) to first-degree (a violent felony). The particular charge depends on the type of weapon, whether it was loaded, and whether the defendant has a prior conviction. An attorney can explain which degree applies to your case.
What happens after a gun possession arrest in New York County?
After an arrest for gun possession in Manhattan, you are typically processed at a precinct, fingerprinted, and taken to Manhattan Criminal Court for arraignment. The judge will inform you of the charges, and the court will determine release conditions. If the charge is a felony, the case will be referred to a grand jury or moved to the New York County Supreme Court. Your attorney can advocate for release, begin discovery review, and move to dismiss or reduce the charges where possible. Early intervention is important.
Nearby Criminal Defense Resources: Kings County (Brooklyn) Criminal Lawyer | Queens County Criminal Lawyer | Richmond County Criminal Lawyer | Nassau County Criminal Lawyer | Suffolk County Criminal Lawyer
Authoritative resources for gun possession law in New York: New York Penal Law Article 265 (Firearms and Dangerous Weapons) | New York County Supreme Court | New York State Unified Court System
Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
Last reviewed: July 2026
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.