New York Firearms / Weapons Laws

There are two main weapons offenses in New York: Criminal Possession of a Weapon and Criminal Use of a Firearm.

Criminal Use of a Firearm involves showing or using a gun in the commission of a crime.

Second Degree Criminal Use of a Firearm

You could be charged with criminal use of a firearm in the 2nd degree if it’s believed you committed a class C violent felony offense, and:

  1. Possessed a deadly weapon, or
  2. Displayed a pistol, rifle, shotgun, revolver, machine gun, or other firearm.

  C Violent Felony charge and can carry up to 15 years in prison 

First Degree Criminal Use of a Firearm

Criminal use of a firearm in the 1st degree involves committing any class B violent felony while:

  1. Possessing a deadly weapon, or
  2. Displaying a pistol, rifle, shotgun, revolver, machine gun, or other firearm.

  B violent felony and carries up to 25 years in prison.

Criminal Possession of a Weapon 

When one is not legally licensed to carry a weapon or if that weapon is unlawful itself.

 

Fourth Degree Criminal Possession of a Weapon

The prosecution will have to prove that you:

  1. Simply possessed one of the following weapons: firearm, electronic dart gun, stun gun, switchblade, slingshot, “Kung Fu star”, metal knuckles, or others,
  2. Possessed one of the following with intent tu use it against another person: knife, razor, stiletto, imitation pistol, or another dangerous or deadly instrument,
  3. Possessed a firearm on school grounds,
  4. Are not a U.S. citizen and possessed a firearm,
  5. Have been deemed not suitable for gun ownership and refused to give up possession upon the direction of law enforcement, or
  6. Possessed any armor piercing ammunition.
     A misdemeanor charge and carries up to 1 year in jail. 

Third Degree Criminal Possession of a Weapon

The prosecution must prove that you:

  1. Committed the offense of 4th degree criminal possession of a weapon and you have a criminal history,
  2. Possessed 3 or more firearms, an assault weapon, any disguised gun, a large capacity ammunition feeding device, any explosive, bomb, silencer, or machine-gun, or
  3. Possessed a weapon outside of the home or business and have a previous conviction of a felony or Class A misdemeanor in the past five years.

D violent felony and  a potential 7 years in prison.

 

Second Degree Criminal Possession of a Weapon

Class C violent felony, carrying a potential 15 year prison sentence.

The prosecution must prove that you:

  1. Possessed one of the following with intent to use unlawfully against another person: machine gun, loaded firearm, disguised gun,
  2. b.      Possessed 5 or more firearms, or
  3. c.      Possessed any loaded firearm.

 

First Degree Criminal Possession of a Weapon

B violent felony, carrying up to 25 years in prison.

  1. Possessed 10 or more firearms, or
  2. Possessed any explosive with the intent to use it against a person or another person’s property.

Ref: NY State Law §265.01-265.04