Gun & Weapons Charges



The Criminal Possession of a Weapon or Firearm is one of the most serious offenses under the New York Penal Law. The term weapon is broadly defined to include a multitude of different items that are illegal for a person to possess including firearms, switchblade knife, electronic stun gun, Kung Fu Star, etc. In an effort to reduce homicides and violent gunfights on NY streets, the penalties for conviction of criminal possession of a weapon are serious. For example the penalty for possessing a switchblade is a misdemeanor punishable up to a year in jail. The penalty for unlawfully possessing a loaded firearm outside the home, concealed or otherwise, has a mandatory minimum sentence of 3.5 years in prison.

The Criminal Possession of a Weapon or Firearm charge can include any of the following criminal infractions:

  • Carrying a concealed weapon without a valid permit
  • Possessing a deadly weapon at the time of committing a felony crime
  • Possession of a firearm in prohibited areas including a school, playground, etc.

Now a person can be accused of possessing such a weapon which itself is not illegal, but it was intended to be used unlawfully against another person and thus charged as a criminal possession of a weapon in the Fourth Degree. This category includes daggers, knife, imitation pistol, razor, or any other dangerous instrument or weapon with the intent to use against another person.


A person under the following categories may be prohibited from possessing a gun:

  • Persons convicted of crimes of violence and physical injury, including domestic violence crimes
  • Anyone having been committed to a mental health facility
  • Individuals convicted of certain drug offenses
  • Juvenile offenders of crimes that if tried as an adult, would have resulted in a felony conviction
  • Fugitives from justice
  • Persons under probation
  • Persons prohibited from possessing a gun as terms of a prior sentencing

Weapons and gun crimes charges are often found in conjunction with assault charges, drug sale charges, and robbery and burglary charges. If you are charged with the criminal possession of a weapon or firearm, you will need an experienced defense attorney to aggressively fight your case. Attorney Andrew S. Travis will examine the circumstances around your case and will determine if your arresting officer had probable cause to search and charge you with your crime.