New York City Firearms, Guns, and Weapons Charges Lawyer

A weapons arrest in New York City carries consequences that extend far beyond whatever happened on the day of the arrest. The city’s gun laws are among the strictest in the country, and prosecutors treat firearms cases with a level of seriousness that surprises many defendants and their families. Whether someone is charged with criminal possession of a weapon, unlicensed carrying, or a more aggravated offense involving use or intent, the exposure is real and the margin for error is small. This is not a jurisdiction where a weapons charge gets pled down to a parking ticket.

For anyone facing a New York City firearms, guns, and weapons charges lawyer search right now, the question is not just what happened, it is what can be done about it. The answer depends heavily on the specific charge, the facts surrounding the arrest, and whether law enforcement followed proper procedures. In New York, constitutional violations in weapons cases, particularly around stops, searches, and seizures, are among the most litigated issues in criminal courts. A well-prepared defense does not begin at trial. It begins the moment an attorney reviews how the weapon was discovered.

New York Penal Law creates a tiered structure for weapons offenses, from misdemeanor possession to violent felonies with mandatory minimum sentences. Where a charge lands in that structure depends on factors like the type of weapon, whether it was loaded, prior criminal history, and the circumstances surrounding the arrest. That range matters enormously. It is the difference between a suspended sentence and years in state prison.

How New York Prosecutes Weapons Offenses: What the Charges Actually Mean

New York distinguishes between criminal possession of a weapon in the second, third, and fourth degrees, as well as criminal use of a firearm, menacing with a weapon, and various other offense categories. The most commonly charged firearms offense in the city is criminal possession of a weapon in the second degree, a class C violent felony that carries a mandatory minimum sentence upon conviction. The word “mandatory” is significant. Judges do not have the discretion to sentence below the floor. This is why the pre-trial phase, including suppression hearings and plea negotiations, carries so much weight.

Loaded firearms get treated differently from unloaded ones. Certain weapons are presumed to be loaded under the statute, shifting the practical burden of proof in ways that matter at trial. Rifles, shotguns, and so-called “assault weapons” are subject to their own regulatory framework under state law, and federal law creates additional exposure when weapons have crossed state lines or when the person charged is a prohibited possessor. Federal firearms charges carry their own sentencing regime, often harsher than state charges, and they are prosecuted in a different courthouse with different rules.

Cases involving knives, gravity knives, and other bladed weapons have their own complicated history in New York courts. Decades of enforcement under the old gravity knife statute swept in people carrying common folding knives, and litigation and legislative change have shifted how these cases are now charged. Anyone arrested today on a bladed weapon charge deserves a careful look at the specific implement involved and how the law currently treats it.

Common Weapons Charges and the Statutes Behind Them

• Criminal Possession of a Weapon in the Second Degree: A class C violent felony under the New York Penal Law, typically charged when someone possesses a loaded firearm outside their home or place of business. Carries a mandatory minimum sentence and no ability to receive a conditional discharge.
• Criminal Possession of a Weapon in the Third Degree: Covers situations like possession of a defaced firearm, possession of certain specified dangerous weapons, or possession of a firearm by someone with a prior felony conviction. A class D violent felony with serious sentencing exposure.
• Criminal Possession of a Weapon in the Fourth Degree: A class A misdemeanor, but one that can still result in a year in jail and a permanent record. Often charged when someone possesses items like brass knuckles, switchblades, or certain other prohibited instruments.
• Unlicensed Carrying of a Pistol or Revolver: New York requires a license to possess or carry a handgun. Carrying without a license is a felony. The Supreme Court’s Bruen decision shifted the licensing framework, but New York’s response was to tighten requirements further, not loosen them.
• Criminal Use of a Firearm: Charged when a firearm is used in connection with another felony, which elevates both the primary charge and creates additional criminal exposure. This is how robbery and assault cases can become violent felony predicates.
• Federal Firearms Charges: Prosecuted in the Southern and Eastern Districts of New York. Include offenses like felon in possession of a firearm, straw purchases, and trafficking. Federal sentencing guidelines and mandatory minimums in firearms cases are distinct from and often more severe than state provisions.
• Menacing with a Weapon and Other Threatening Offenses: When a weapon, even one that is not a firearm, is used to threaten or intimidate someone, New York provides specific statutes that treat the offense as a more serious crime than a simple threat.

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.

Why Jason Goldman Handles Weapons Cases Differently

Jason Goldman built his practice after first serving as a Brooklyn prosecutor, where he tried serious felony cases including the kinds of violent and weapons-related offenses that defense clients now come to him with. That prosecutorial foundation is not just a credential to list on a website. It is a practical advantage. Mr. Goldman understands how the government builds weapons cases, which evidence matters most to a jury, and where the investigative process tends to cut corners in ways that open constitutional challenges.

Having tried over 25 cases to verdict, Mr. Goldman brings actual courtroom experience to firearms defense. He has been recognized by the New York Post as “high-powered” and by WABC’s Sid Rosenberg as “brilliant,” and the Chelsea News has noted his “history of getting high-profile defendants off.” His practice covers pre-arrest investigation through trial through sentencing and appeal, meaning a client does not have to switch attorneys at different stages of a case. The firm has represented corporate executives, entertainers, athletes, politicians, and people from all backgrounds who face serious criminal exposure in state and federal court. Mr. Goldman is admitted in the Southern and Eastern Districts of New York, which covers the federal courts most often handling firearms prosecutions in the city, and is admitted pro hac vice in jurisdictions nationwide when cases require it.

On weapons charges specifically, Mr. Goldman’s approach centers on the stop, the search, and the seizure. Fourth Amendment suppression motions can be outcome-determinative. If the police lacked the legal justification to stop a person or search a bag, a car, or a home, the weapon may be excluded from evidence entirely. A case without physical evidence is a case that does not go to trial the same way it otherwise would. That is where preparation, knowledge of suppression law, and the ability to examine and cross-examine police officers makes the difference between a conviction and a dismissal.

What to Do After a Weapons Arrest in New York City

The most consequential decisions in a weapons case often happen in the first 24 to 48 hours. What is said at the time of arrest, what is said during processing, and what steps the attorney takes in the immediate aftermath all shape the case that follows. Anyone who has been arrested on a weapons charge should not speak to law enforcement beyond providing identifying information. This is not about being uncooperative. It is about preserving options. Statements made during arrest are admissible and frequently used against defendants at trial.

Arraignment in New York City typically occurs within 24 hours of arrest. In Manhattan, that is at 100 Centre Street in the New York County Criminal Court building. In Brooklyn, arraignments take place at the Kings County Criminal Court at 120 Schermerhorn Street. In the Bronx, the Bronx County Hall of Justice on 161st Street handles arraignments. Queens cases proceed to the Queens County Criminal Court on Queens Boulevard in Kew Gardens, and Staten Island cases go through the Richmond County Criminal Court on Targee Street. Arraignment is where bail is argued and set, and where the initial charges are formally read. Having an attorney present at arraignment is important because bail conditions are established there.

If the case involves a federal charge, the arrest will typically involve a different process, with presentment before a federal magistrate judge in either the Southern District courthouse at 500 Pearl Street in Manhattan or the Eastern District courthouse in Brooklyn. Federal cases move on a different timeline and require separate strategic planning from the outset.

Documents and evidence to preserve immediately include any surveillance footage from the location of the arrest, witness contact information, and anything related to how law enforcement first encountered the defendant. These materials fade or disappear quickly. Prior to any formal charges being filed, an attorney can sometimes conduct a pre-arrest investigation that affects whether charges are filed at all or what level they are filed at. Mr. Goldman’s firm handles this phase of representation as a distinct service, not an afterthought.

Questions About New York City Weapons Charges

What is the mandatory minimum sentence for a weapons felony in New York?

For a class C violent felony like criminal possession of a weapon in the second degree, New York law requires a minimum prison term upon conviction. Judges cannot impose probation, a conditional discharge, or a sentence below the statutory floor. The precise range depends on prior criminal history, but first-time felony offenders still face mandatory prison time on this charge. This is one reason why pretrial litigation and negotiation are so critical in weapons cases.

Can a weapons charge be dismissed if the stop was illegal?

Yes. Under the Fourth Amendment and the New York Constitution, evidence obtained through an unlawful stop, search, or seizure can be suppressed. If the police stopped someone without reasonable suspicion or searched without a warrant or a valid exception to the warrant requirement, a motion to suppress may result in the weapon being excluded. A case built entirely on a single piece of physical evidence that gets suppressed often cannot proceed to trial, leading to a dismissal or a reduced charge.

Does New York’s concealed carry law still apply after the Bruen decision?

Yes. Following the Supreme Court’s 2022 Bruen ruling, New York revised its licensing framework but did not open carry broadly. The state enacted new legislation tightening requirements and designating numerous “sensitive locations” where firearms are prohibited. Carrying in those locations, or carrying without a license, remains a felony offense. The legal landscape around licensing is actively litigated, but New York continues to vigorously prosecute unlicensed carry.

What happens if the weapon was found in a shared space like a car or apartment?

New York law includes a statutory presumption in certain circumstances: when a firearm is found in a vehicle, every occupant may be presumed to have possessed it, with exceptions. This presumption can be challenged and rebutted, but it means that passengers can be charged even if the weapon was not on their person. In apartment or shared living situations, the analysis turns on who had dominion and control over the space where the weapon was found. These are fact-intensive arguments that require careful investigation.

Will a weapons conviction affect a professional license?

In most cases, yes. A felony conviction in New York triggers mandatory reporting requirements and automatic review for many professional licenses, including medical licenses, law licenses, real estate licenses, financial industry registrations, and others. The licensing body conducts its own proceeding independent of the criminal case. A resolution in the criminal matter, including a plea to a lesser charge, does not automatically resolve the licensing question. Anyone with a professional license facing a weapons charge needs an attorney who accounts for this collateral consequence from the beginning, not after sentencing.

Can a non-citizen be deported for a weapons charge?

A firearms conviction is considered an aggravated felony under federal immigration law and can trigger mandatory deportation, denial of naturalization, and other severe immigration consequences. Even a misdemeanor weapons conviction can constitute a crime of moral turpitude in some circumstances. For non-citizens, the plea negotiation process must be handled with awareness of what each possible outcome means for immigration status. A plea that resolves the criminal case quickly is not always the right outcome when it triggers immigration consequences that cannot be undone.

What is the difference between a state weapons charge and a federal weapons charge?

State charges are prosecuted by the district attorney’s office in whichever borough the arrest occurred, and the case proceeds in New York State Supreme Court or Criminal Court. Federal charges are prosecuted by the United States Attorney’s Office in the Southern or Eastern District of New York and proceed in federal district court. Federal cases typically carry longer sentences, especially when prior felony convictions are involved, and federal sentencing guidelines limit judicial discretion. Federal prosecutors tend to charge cases only when they believe the evidence is strong, which is why early intervention is critical in cases that could go either way.

Is it possible to get a weapons charge reduced to a non-violent offense?

It depends on the specific charge and the facts. Some weapons cases resolve through negotiation to a lesser charge, particularly when the evidence presents weaknesses or when the defendant’s background and circumstances support an argument for a non-mandatory disposition. However, certain charges, including class C violent felonies, carry mandatory minimums that exist regardless of what charge is eventually pled to. The goal in many cases is to find a resolution that avoids a mandatory minimum while still reflecting the reality of what the evidence shows. That requires a prosecutor willing to negotiate and a defense attorney with the credibility and leverage to make that negotiation happen.

What if the weapon was registered in another state?

New York does not recognize firearm registrations or carry permits from other states. Someone who is licensed to carry in Florida, Texas, or any other state is not permitted to carry that firearm in New York without a New York license. There is a narrow federal safe harbor provision for travelers transporting unloaded, locked firearms through a state, but it applies in specific circumstances and has been interpreted narrowly. Simply having a valid out-of-state license is not a defense to a New York weapons charge.

How long does a weapons case typically take to resolve in New York City courts?

There is no fixed timeline. A case that goes to trial in a New York Supreme Court can take anywhere from several months to over a year from arraignment to verdict, depending on the complexity of the charges, the backlog in the particular borough’s courts, and how much pretrial litigation occurs. Brooklyn, the Bronx, and Queens courts often move differently than Manhattan in terms of scheduling and pace. A case that resolves through a negotiated plea can move faster, but rushing to a plea before suppression is fully litigated can leave significant leverage on the table. An attorney familiar with the specific court, the assigned judge, and the relevant assistant district attorney’s office is better positioned to estimate realistic timelines.

Representing Weapons Defense Clients Across New York City and the Surrounding Region

The Law Offices of Jason Goldman defends clients facing weapons and firearms charges throughout the five boroughs and beyond. In Manhattan, that includes clients arrested in Midtown, the Upper West Side, Harlem, Washington Heights, the Financial District, Chelsea, and the Lower East Side. Brooklyn matters covered include cases arising in Crown Heights, Flatbush, Bushwick, Bed-Stuy, Sunset Park, Bay Ridge, and Brownsville. In the Bronx, the firm handles cases from Mott Haven, Fordham, Pelham Bay, and Riverdale. Queens representation covers clients from Jamaica, Flushing, Astoria, Jackson Heights, Far Rockaway, and Long Island City. Staten Island clients from St. George, Port Richmond, and Tottenville have also been served.

Beyond the city limits, Mr. Goldman handles cases in Westchester County, Nassau County, and Suffolk County, as well as in federal courts covering the greater New York region. For matters that arise outside New York entirely, Mr. Goldman has the ability to seek pro hac vice admission and provide representation in other jurisdictions. Whether the case sits in state court or federal court, in a busy downtown courtroom or a suburban county seat, the firm applies the same level of preparation and attention to detail.

Speak With a New York City Weapons Charges Attorney About Your Case

Weapons cases in New York move fast and the early decisions matter most. A New York City firearms and weapons charges attorney who gets involved before charges are filed, or at the very latest before arraignment, is in a fundamentally different position than one brought in after preliminary hearings have already occurred. The time between an arrest and a first court appearance is often when the most critical work can be done.

Jason Goldman handles a selective caseload precisely because each case receives the attention it requires. If you are facing a weapons charge in New York, whether a misdemeanor possession case or a felony firearms offense with mandatory minimum exposure, contact The Law Offices of Jason Goldman directly to discuss the facts and understand what options exist. Reach out by phone or email to schedule a confidential consultation.